Agenda packet — Chino City Council, December 2, 2025 (part 2 of 3)

WHEREAS, upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, City will accept and assume full maintenance, ownership, responsibility, control, and liability in perpetuity over the Relinquished Facilities in exchange for the payment of $18,823,725.00 with the expectation that the CTC will determine that this or some other allocation made by the CTC is in the best interest of Caltrans; and WHEREAS, relinquishment will occur upon both the approval by the CTC of a Resolution of Relinquishment and recording of said Resolution in the County Recorder's Office; and
WHEREAS, with the intention of facilitating ongoing negotiations between the Parties, the City Council desires to authorize the City Manager to execute the Cooperative Agreement; and WHEREAS, prior to relinquishing any portion of a state highway, Caltrans must provide ninety (90) day written notice of its intention to relinquish said highway to the City Council under Section 73 of the Streets and Highways Code unless the Council waives this requirement; and WHEREAS, the execution of this Resolution constitutes City's waiver of the ninety (90) day notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

SECTION 2. The City of Chino desires to accept the Relinquished Property upon approval by the CTC of a Resolution of Relinquishment and Caltrans’s recording of said Resolution in the County Recorder’s Office and subject further to Caltrans paying City an additional 18.5% allocation, or $2,938,725.00 in addition to the original programmed amount of $15,885,000.00 for a total funding amount of $18,823,725.00.

SECTION 3. The City Council of the City of Chino hereby waives the ninety (90) day notice of intention to relinquish pursuant to Streets and Highways Code Section 73.

SECTION 4. The City Manager, or designee, is authorized to take all steps needed to accept the relinquishment, including, without limitation, accepting and executing any certificates of acceptance, relinquishments, grant deeds, any other documents, and any other actions as may be necessary in furtherance of the relinquishment.

SECTION 5. This activity is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the relinquishment in question may have a significant effect on the environment.

SECTION 6. The City Clerk shall certify to the adoption of the Resolution. 249
RESOLUTION NO. 2025-090

Page 3 of 4 ends

The City Clerk of the City of Chino shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 2
nd day of December 2025.
_____________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________________

NATALIE GONZAGA, CITY CLERK
APPROVED AS TO FORM:
____________________________________

FRED GALANTE

CITY ATTORNEY
ATTACHMENTS:

EXHIBIT A-1 Proposed Relinquishment 509-S to the City of Chino EXHIBIT A-2 Proposed Relinquishment 509-S to the City of Chino EXHIBIT A-3 Proposed Relinquishment 509-S to the City of Chino EXHIBIT A-4 Proposed Relinquishment 509-S to the City of Chino EXHIBIT A-5 Proposed Relinquishment 509-S to the City of Chino 250
RESOLUTION NO. 2025-090

Page 4 of 4 ends

State of California )
County of San Bernardino ) §
City of Chino )
I, NATALIE GONZAGA, 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 2nd day of December 2025 by the following votes:

AYES:

NOES:

ABSENT:
____________________________________

NATALIE GONZAGA, CITY CLERK
(SEAL)
251

0.20/6.41

CITY COUNCIL RESOLUTION

EXHIBIT FOR

CITY OF CHINO
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 5000 FEET
1" = 5000 FEET

RELINQUISHMENT

PROPOSED
LEGEND
EXHIBIT A-1

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-1
A-1
TOTAL
1 OF 5
SR-83 PM 0.197
SEGMENT 1

RELINQUISHMENT

PROPOSED
BEGIN
SR-83 PM 6.41

CITY OF CHINO LIMITS
SEGMENT 2

RELINQUISHMENT

PROPOSED

TERMINUS

ONTARIO

CITY OF
EXHIBIT "A-3"
SEE
EXHIBIT "A-4"
SEE
EXHIBIT "A-5"
SEE

MERRILL
AVENUE
AVENUE

EUCALYPTUS
AVENUE

SCHAEFER
DRIVE

RIVERSIDE
ROUTE 60
AVENUE
STATE

BICKMORE

ONTARIO

CITY OF
CHINO

CITY OF

ONTARIO

CITY OF
CHINO

CITY OF
EXHIBIT "A-2"
SEE

EUCLID AVENUE
ROUTE 83
STATE
ROUTE 60
STATE
ROUTE71
STATE
AVENUE
PINE
RANCH
ROAD

BUTTERFIELD
LIMITS
COUNTY

SAN BERNARDINO

COUNTY OF
LIMITS
COUNTY

SAN BERNARDINO

COUNTY OF

RIVERSIDE

COUNTY OF

CHINO HILLS

CITY OF
SEGMENT 2
SEGMENT 1
252
08 SBD 83 0.20

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET
SEGMENT 1

RELINQUISHMENT

PROPOSED
LEGEND
EXHIBIT A-2

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-2
A-2
TOTAL
2 OF 5
SEE EX
HIBIT A-3
CONTIN
UES
SEGMENT 1

RELINQUISH
MENT

PROPOSED
SR-83 PM 0.197

RELINQUISHMENT
SEGMENT 1

PROPOSED
BEGIN
ROUTE71
STATE
ROUTE71
STATE
SR-83 PM 0.00
SR-71 PM 7.98
SR-71/SR-83

JUNCTION
1039.53'
SEE CT 67201-01
O/S 196.40' RT
O/S 86.00' LT
STA 35+69.62

ACCESS CONTROL R/W
END SR-71

EUCLIDAVENUE
ROUTE83
STATE
141'
100'
166'

ACCESS CONTROL

EXIST R/W &

ACCESS CONTROL

EXIST R/W &
141'

EXIST R/W

EXIST R/W
APN 1057-241-02
USACE
APN 1057-241-01
USACE
APN 1057-201-02
USACE
APN 1057-251-01
USACE
ROAD
RINCON
POMONA
APN 1057-251-02
USACE
201-02
APN 1057-
USACE
391-01
APN 1056-
USACE
100'
(VAC)

PIONEER ST
APN 1057-251-02
USACE
APN 1056-391-01
USACE
1057-251-02
-03
1057-251
1057-263-03
CHINO

CITY OF

CHINO HILLS

CITY OF
CHINO

CITY OF
USACE

ENGINEERS

ARMY CORPS OF

UNITED STATES

PIONEER ST (VAC)
CHINO

CITY OF
1057-251-02
1057-201-01

CITY COUNCIL RESOLUTION

EXHIBIT FOR

CITY OF CHINO
SEGMENT 1
253
08 SBD 83 1.89

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET
SEGMENT 1

RELINQUISHMENT

PROPOSED
EXHIBIT A-3

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-3
A-3
TOTAL
3 OF 5
SEE EX
HIBIT A-2
CONTIN
UES

RELINQUISH
MENT
SEGMENT 1

PROPOSED
SEE EX
HIBIT A-4
CONTIN
UES

RELINQUISH
MENT
SEGMENT 2

PROPOSED
AVENUE

BICKMORE
AVENUE
PINE
AVENUE

BICKMORE
AVENUE
PINE

CONTINUES
SEGMENT 2

RELINQUISHMENT
SR-83 PM 1.89

PINE AVENUE

EUCLID AVENUE
ROUTE 83
STATE
200'
100'
100'100'
116'
100'
116'
100'
141'
APN 1056-391-01
OCFCD

OCFCD OCFCD

RELINQUISHMENT

CONTINUE PROPOSED
BEGIN SEGMENT 2

END FEDERAL LANDS OF USACE
TERMINATION SEGMENT 1
APN 1056-391-01 SR-83 PM 1.63
USACE
APN 1056-391-02
USACE
APN 1056-392-01
USACE
APN 1057-201-02
USACE
USACE

OF ENGINEERS

ARMY CORPS

UNITED STATES
OCFCD
OCFCD
LEGEND

DISTRICT

FLOOD CONTROL

ORANGE COUNTY
CHINO

CITY OF
CHINO

CITY OF
OCFCD

CONTINUES
SEGMENT 2

RELINQUISHMENT

END ACCESS CONTROL
SR-83 PM 2.06
SEGMENT 2
SEGMENT 1
SEGMENT 2

RELINQUISHMENT

PROPOSED

CITY COUNCIL RESOLUTION

EXHIBIT FOR

CITY OF CHINO
254
08 SBD 83 3.92

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET
SEGMENT 2

RELINQUISHMENT

PROPOSED
LEGEND
EXHIBIT A-4
A-4
TOTAL
4 OF 5

MERRILL
AVENUE
AVENUE

EUCALYPTUS
SR-83 PM 3.92

BEGIN WEST HALF ONLY

RELINQUISHMENT

PROPOSED

CONTINUATION OF

EUCLID AVENUE
ROUTE 83
STATE
AVENUE

EUCALYPTUS
100'
100'
200'
SEE EX
HIBIT A-5
CONTIN
UES

RELINQUISH
MENT
SEGMENT 2

PROPOSED
CHINO

CITY OF

ONTARIO

CITY OF
CHINO

CITY OF

AIRPORT
CHINO
100'
100'
SEE EX
HIBIT A-3
CONTIN
UES

RELINQUISH
MENT
SEGMENT 2

PROPOSED
SR-83 PM 3.92
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE MAP REC MARCH 26, 2024

EAST HALF ONLY

TO THE CITY OF ONTARIO
REL 508-S TERMINUS

ONTARIO

CITY OF
CHINO

CITY OF
SEGMENT 2

CITY COUNCIL RESOLUTION

EXHIBIT FOR

CITY OF CHINO

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-4
255

6.41 CITY COUNCIL RESOLUTION

EXHIBIT FOR

CITY OF CHINO
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET
SEGMENT 2

RELINQUISHMENT

PROPOSED
LEGEND
EXHIBIT A-5

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-5
A-5
TOTAL
5 OF 5

EUCLID AVENUE
ROUTE 83
STATE
DRIVE

RIVERSIDE
SEE EX
HIBIT A-4
CONTIN
UES

RELINQUISH
MENT
SEGMENT 2

PROPOSED
DRIVE

RIVERSIDE
SR-83 PM 7.15
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE SHMB REC ON MARCH 26, 2024

TO THE CITY OF ONTARIO
REL 508-S TERMINUS
STATE ROUTE 60

ONTARIO

CITY OF
CHINO

CITY OF

ONTARIO

CITY OF

ONTARIO

CITY OF
SR-83 PM 6.41

CITY OF CHINO LIMITS
RELINQUISHMENT 509-S

TERMINUS PROPOSED
200'
100'100'
SEGMENT 2
256
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 1

RELINQUISHMENT AGREEMENT
(STATE HIGHWAY)
This AGREEMENT, executed on and effective from ___________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Chino, a municipal corporation of the State of California, referred to hereinafter as CITY.

RECITALS

1. CALTRANS and CITY, pursuant to California Streets and Highways Code Sections 73 & 383, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction.

2. CALTRANS intends to relinquish to CITY that portion of State Route (SR) 83 from SR 71 to Riverside Drive as shown in Exhibit A-1 through A-5, which are attached to and made a part of this AGREEMENT, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on Legislative Enactment. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office.

3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. CALTRANS and CITY have negotiated an understanding that CITY will accept and assume full maintenance, ownership, responsibility, control and liability in perpetuity over the RELINQUISHED FACILITIES in exchange for the payment of $15,885,000 or some other allocation made by the CTC that is deemed to be in the best interest of CALTRANS.

4. CALTRANS and CITY, individually referred to as PARTY and collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished.

DRAFT
EXHIBIT C 257
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 2

SECTION I
CITY AGREES:

1. Execution of this AGREEMENT constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73.

2. To accept the allocation determined by the CTC as CALTRANS' only payment obligation for the RELINQUISHED FACILITIES. CITY will invoice CALTRANS after the day of the funding approval by the CTC.

3. To accept ownership, including all of CALTRANS’s current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.

4. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Environmental Disclosure Memo (EDM): Relinquishment Rel-#509-S dated April 2, 2025 and Caltrans CEQA Determination from Categorically Exempt (CE) dated January 23, 2025. CITY has received and reviewed a copy of the above-referenced EDM and CE.

It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above-referenced EDM and CE and if it determines that there is substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced EDM and CE, CALTRANS shall immediately notify CITY of said changes. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect. Copies of the above-referenced EDM and CE and any updates are available at the district environmental office. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials.

EXHIBIT C
DRAFT
258
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 3

SECTION II
CALTRANS AGREES:

1. To relinquish, upon the approval of the CTC’s Resolution of Relinquishment, the RELINQUISHED FACILITIES.

2. To forward and support CITY’s request to the CTC for the allocation of $15,885,000, with the expectation that the CTC will determine that this or some other allocation is in the best interest of CALTRANS. CALTRANS agrees to pay CITY, within forty-five (45) days of funding approval by the CTC, the amount of $15,885,000, or any other allocation approved by the CTC. The payment of those funds will represent CALTRANS' only payment obligation for the purpose of the RELINQUISHED FACILITIES.

3. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording.

4. Upon recordation of this relinquishment and CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information.

SECTION III
IT IS MUTUALLY AGREED:

1. All portions of this AGREEMENT, including the Recitals section, are enforceable.

2. All CALTRANS’ obligations and commitments under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming, and allocation of funds by the California Transportation Commission (CTC).

3. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS’ facilities retained in those RELINQUISHED FACILITIES through a no fee permit.

EXHIBIT C
DRAFT
259
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 4

4. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM dated April 2, 2025 and CE dated January 23, 2025, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment.

5. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the EDM dated April 2, 2025 and CE dated January 23, 2025, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment.

6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

EXHIBIT C
DRAFT
260
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 5

8. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto.

9. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder’s Office and payment by CALTRANS of $15,885,000 or any other allocation made by the CTC to CITY, except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement.

EXHIBIT C
DRAFT
261
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 6

CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes.

Contact information changes do not require an amendment to this AGREEMENT.

CITY OF CHINO
Project Manager: Alberto Espinoza, Deputy Director of Public Works/City Engineer Phone Number: (909) 334-3428
E-mail: [email protected]
Billing Address: 13220 Central Avenue, Chino 91710

CALTRANS
Project Manager: Mohammed H. Rahman, Project Manager
Phone Number: (909) 501-9320
E-mail: [email protected]

EXHIBIT C
DRAFT
262
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 7

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION
By: _______________________________
Catalino A. Pining III
District Director
VERIFIED OF FUNDS & AUTHORITY:

By: _______________________________
Karem Evans
District Budget Manager (Acting)
By: _______________________________
Attorney
Department of Transportation

CITY OF CHINO
By: _______________________________
Dr. Linda Reich
City Manager
By: _______________________________
Hye Jin Lee, P.E.

Public Works Director

Attest: ______________________________
Natalie Gonzaga
City Clerk
By: _______________________________
Fred Galante
City Attorney

EXHIBIT C
DRAFT
263
08-SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799

01225.0006 2006526.1 8

CERTIFIED AS TO FINANCIAL TERMS
AND POLICIES:

By: _____________________________
Darwin Salmos
HQ Accounting Supervisor

EXHIBIT C
DRAFT
264

0.20/6.41

DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 5000 FEET
1" = 5000 FEET

OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT

THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION

RELINQUISHMENT

PROPOSED

RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-1

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-1
A-1
TOTAL
1 OF 5

CHINO LIMITS PER SBC LAFCO RECORDS

2. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION OF THE CITY OF CTC RESOLUTION RECORDED AS O.R. BK 2921, PG 150 ON 9-3-1959 SBC RECORDS.

BERNARDINO PER REL NO. 88-S. SEE SHMBK 3, PGS 40-44 REC ON 2-16-1959.

1. PINE AVENUE WAS RELINQUISHED AS SUPERSEDED SR-77A TO THE COUNTY OF SAN SR-83 PM 0.197

RELINQUISHMENT

PROPOSED
BEGIN
SR-83 PM 6.41

CITY OF CHINO LIMITS

RELINQUISHMENT

PROPOSED

TERMINUS

ONTARIO

CITY OF
EXHIBIT "A-3"
SEE
EXHIBIT "A-4"
SEE
EXHIBIT "A-5"
SEE

MERRILL
AVENUE
AVENUE

EUCALYPTUS
AVENUE

SCHAEFER
DRIVE

RIVERSIDE
ROUTE 60
AVENUE
STATE

BICKMORE

ONTARIO

CITY OF
CHINO

CITY OF

ONTARIO

CITY OF
CHINO

CITY OF
EXHIBIT "A-2"
SEE

EUCLID AVENUE
ROUTE 83
STATE
ROUTE 60
STATE
ROUTE71
STATE
AVENUE
PINE
RANCH
ROAD

BUTTERFIELD
LIMITS
COUNTY

SAN BERNARDINO

COUNTY OF
LIMITS
COUNTY

SAN BERNARDINO

COUNTY OF

RIVERSIDE

COUNTY OF

CHINO HILLS

CITY OF
ROAD
POMONA
RINCON
DRAFT
265

0.20 DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET

OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT

THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION

RELINQUISHMENT

PROPOSED

RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-2

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-2
A-2
TOTAL
2 OF 5
SEE EX
HIBIT A-3
CONTIN
UES

RELINQUISH
MENT

PROPOSED
SR-83 PM 0.197

RELINQUISHMENT

PROPOSED
BEGIN
ROUTE71
STATE
ROUTE71
STATE
SR-83 PM 0.00
SR-71 PM 7.98
SR-71/SR-83

JUNCTION
1039.53'
SEE CT 67201-01
O/S 196.40' RT
O/S 86.00' LT
STA 35+69.62

ACCESS CONTROL R/W
END SR-71

EUCLIDAVENUE
ROUTE83
STATE
141'
100'
166'

ACCESS CONTROL

EXIST R/W &

ACCESS CONTROL

EXIST R/W &
141'

EXIST R/W

EXIST R/W
APN 1057-241-02
USACE
APN 1057-241-01
USACE
APN 1057-201-02
USACE
APN 1057-251-01
USACE
ROAD
RINCON
POMONA
APN 1057-251-02
USACE

BOUNDARY
PER SBC ASSESSOR. BOTH PARCELS ARE OUTSIDE THE RELINQUISHMENT

THE CITY OF CHINO HILLS APPEARING WITHIN CITY OF CHINO LIMITS

2. ASSESSOR'S PARCELS 1057-262-06 & 08 ARE BOTH ASSESSED TO LAFCO RECORDS.

OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC

1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION 201-02
APN 1057-
USACE
391-01
APN 1056-
USACE
100'
(VAC)

PIONEER ST
APN 1057-251-02
USACE
APN 1056-391-01
USACE
1057-251-02
-03
1057-251
1057-263-03
CHINO

CITY OF

CHINO HILLS

CITY OF
CHINO

CITY OF
USACE

ENGINEERS

ARMY CORPS OF

UNITED STATES

PIONEER ST (VAC)
CHINO

CITY OF
1057-251-02
1057-201-01 DRAFT
266

1.89 DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET

OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT

THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION

RELINQUISHMENT

PROPOSED

RELINQUISHMENT NOTES
EXHIBIT A-3

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-3
A-3
TOTAL
3 OF 5
LAFCO RECORDS.

OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC

1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION SEE EX
HIBIT A-2
CONTIN
UES

RELINQUISH
MENT

PROPOSED
SEE EX
HIBIT A-4
CONTIN
UES

RELINQUISH
MENT

PROPOSED
AVENUE

BICKMORE
AVENUE
PINE
AVENUE

BICKMORE
AVENUE
PINE
SR-83 PM 1.89

PINE AVENUE

RELINQUISHMENT

PROPOSED

CONTINUATION

EUCLID AVENUE
ROUTE 83
STATE
200'
100'
100'100'
116'
100'
116'
100'
141'
APN 1056-391-01
USACE
OCFCD

OCFCD OCFCD
SR-83 PM 1.63

END LANDS OF USACE

RELINQUISHMENT

PROPOSED
APN 1056-391-01 CONTINUATION
USACE
APN 1056-391-02
USACE
APN 1056-392-01
USACE
APN 1057-201-02
USACE
APN 1057-201-02
USACE
USACE

OF ENGINEERS

ARMY CORPS

UNITED STATES
OCFCD
OCFCD
LEGEND

DISTRICT

FLOOD CONTROL

ORANGE COUNTY
CHINO

CITY OF
CHINO

CITY OF
OCFCD
SR-83 PM 2.06

END ACCESS CONTROL
DRAFT
267

3.92 DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET

OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT

THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION

RELINQUISHMENT

PROPOSED

RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-4

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-4
A-4
TOTAL
4 OF 5

MERRILL
AVENUE
AVENUE
E
U
C
A
L
Y
P
T
U
S
SR-83 PM 3.92

WEST HALF ONLY
BEGIN

RELINQUISHMENT

PROPOSED

CONTINUATION OF

EUCLID AVENUE
ROUTE 83
STATE
AVENUE
E
U
C
A
L
Y
P
T
U
S
100'
100'
200'
SEE EX
HIBIT A-5
CONTIN
UES

RELINQUISH
MENT

PROPOSED
CHINO

CITY OF

ONTARIO

CITY OF
CHINO

CITY OF

AIRPORT
CHINO
LAFCO RECORDS.

OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC

1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION 100' 100'
SEE EX
HIBIT A-3
CONTIN
UES

RELINQUISH
MENT

PROPOSED
SR-83 PM 3.92
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE MAP REC MARCH 26, 2024

EAST HALF ONLY

TO THE CITY OF ONTARIO
REL 508-S TERMINUS

ONTARIO

CITY OF
CHINO

CITY OF
DRAFT
268

6.41 DEPARTMENT OF TRANSPORTATION

CALIFORNIA STATE TRANSPORTATION AGENCY

STATE OF CALIFORNIA
08 SBD 83

DISTRICT COUNTY ROUTE SHEET PM EXHIBIT

ACCESS CONTROL

STATE R/W &

EXISTING
1" = 600 FEET
1" = 600 FEET

OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT

THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION

RELINQUISHMENT

PROPOSED

RELINQUISHMENT NOTES LEGEND
EXHIBIT A-5

TO THE CITY OF CHINO
RELINQUISHMENT 509-S

PROPOSED
EXHIBIT A-5
A-5
TOTAL
5 OF 5

EUCLID AVENUE
ROUTE 83
STATE
DRIVE

RIVERSIDE
SEE EX
HIBIT A-4
CONTIN
UES

RELINQUISH
MENT

PROPOSED
DRIVE

RIVERSIDE
SR-83 PM 7.15
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE SHMB REC ON MARCH 26, 2024

TO THE CITY OF ONTARIO
REL 508-S TERMINUS
ST
A
T
E
R
O
U
T
E
60 ONTARIO

CITY OF
CITY OF CHINO LIMITS PER SBC LAFCO RECORDS.

1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION OF THE CHINO

CITY OF

ONTARIO

CITY OF

ONTARIO

CITY OF
SR-83 PM 6.41

CITY OF CHINO LIMITS
RELINQUISHMENT 509-S

TERMINUS PROPOSED
200'
100'100'
DRAFT
269

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award a Professional Services Agreement to Biggs Cardosa Associates for Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261) and grant (G7261). ..end

RECOMMENDATION
..recommendation
1) Award a professional services agreement to Biggs Cardosa Associates in the amount of $6,964,986.99 for Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261); 2) appropriate $2,086,590.28 from the Citywide Development Impact Fee (Fund 220), establish a new grant project G7261 and appropriate $3,505,806.71 to the Transportation Fund (Fund 320) for utilizing SAFETEA-LU grant funds and appropriate $1,372,590.00 to Measure I Arterial (Fund 328) (backfill from Fund 220) for a total project appropriation amount of $6,964,986.99 and a revised total project budget for Project ST261 and G7261, in the amount of $7,014,986.99; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Pine Avenue Connector/Bridge Project ST261 and G7261 requires a total appropriation of $6,964,986.99 as provided in the table below and recommendation above:

ST261 – Pine Avenue Connector/Bridge Project
Funding Sources Adopted
Budget
Proposed
Appropriations
Revised
Project
Budget
220 – Bridges/Streets/
Thoroughfares - DIF $50,000.00 $2,086,590.28 $2,136,590.28 320 – Transportation
Fund (SAFETEA-LU) G7261 $3,505,806.71 $3,505,806.71
328 – Measure I Arterial
Fund – SBCTA Funding $1,372,590.00 $1,372,590.00
TOTALS: $50,000.00 $6,964,986.99 $7,014,986.99
The project is supported by $3,505,806.71 in SAFETEA-LU Federal Grant Funds. Consistent with federal funding requirements and to maximize the use of federal dollars, staff will prioritize and draw down SAFETEA-LU funds first, submitting reimbursement requests on a continuous basis throughout the course of the project.
270
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO BIGGS CARDOSA

ASSOCIATES FOR ENVIRONMENTAL AND DESIGN SERVICES FOR THE PINE AVENUE CONNECTOR/BRIDGE PROJECT (ST261) AND GRANT (G7261).

PAGE: 2
Upon full utilization of the available SAFETEA-LU funds, eligible project costs up to $1,372,590.00 will be supplemented with Measure I Capital Projects Needs Analysis (CPNA) funds, and the remainder will be funded by the Bridges/Streets/Thoroughfares DIF in the amount of $2,136,590.28. The DIF Fund will continue to serve as the primary cash-flow mechanism, front-loading project costs as needed.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships Revenue: 3207100-59500-G7261 Expenditure: 3207100-48004-ST261/G7261, 3287103- 40004-ST261
Transfer In: 3201000-50000 Transfer Out: 2201000-40001
271
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO BIGGS CARDOSA

ASSOCIATES FOR ENVIRONMENTAL AND DESIGN SERVICES FOR THE PINE AVENUE CONNECTOR/BRIDGE PROJECT (ST261) AND GRANT (G7261).

PAGE: 3

BACKGROUND
The Pine Avenue Connector/Bridge Project (ST261) involves widening Pine Avenue from two to four lanes between Euclid Avenue and El Prado Road. It also includes constructing a new fourlane arterial to extend Pine Avenue from El Prado Road to State Route 71 (SR-71), within the jurisdictions of Chino, Chino Hills, Caltrans, and the United States Army Corps of Engineers (USACE). The extension of Pine Avenue to SR-71 has been a long-standing component of the City of Chino’s General Plan due to its regional significance for mobility and connectivity.

Additionally, the Project is included in the Federal Transportation Improvement Program (FTIP) database, which lists transportation projects planned for implementation in alignment with regional transportation planning efforts, priorities and air quality standards.

For over a decade, the Project has remained in the preliminary engineering and design phase due to significant regulatory challenges. In October 2024, Public Works staff brought an update to the Infrastructure/Streets Committee to recommend a pivot of project approach due to the following challenges:
 Establishing consensus with Caltrans and City of Chino Hills to tie-in improvements necessary for connecting Pine Avenue east of SR-71.
 The preliminary design proposed a dirt-fill embankment 60 feet high to connect Pine Avenue east of SR-71. The USACE raised concerns regarding the amount of soil import required to elevate the proposed road and the environmental impacts associated with creating a dam structure in a flood prone inundation area.  Preliminary design conflicts with Southern California Edison (SCE) to accommodate access to their distribution towers for long term maintenance.  Preliminary design conflicts with Santa Ana Watershed Project Authority (SAWPA) to accommodate access to their brine pipeline for long term maintenance.  Establishing consensus among multiple agencies on an appropriate design speed and posted speed limit necessary for a regionally critical mobility route.

The Committee expressed their support of staff’s recommendation to include an Environmental Impact Report (EIR) with the project to ensure greater opportunities for community input and establish a legally defensible environmental document.

To move the project forward, a new Request for Proposals (RFP) was necessary to procure updated design and environmental services for the Project’s revised scope. Prior to release, City staff extensively collaborated with the City of Chino Hills, the San Bernardino County Transportation Authority (SBCTA), and Caltrans to develop a bridge concept (instead of a dirtfill) that aligns with regional planning efforts and agency requirements to minimize environmental impacts and allow for the design to address challenges noted above.

ISSUES/ANALYSIS
On June 19, 2025, the City released a Request for Proposals (RFP No. 2025-0016) for “Design and Environmental Services for the Pine Avenue Connector/Bridge Project” via PlanetBids, in accordance with Section 10 of the Caltrans Local Assistance Procedures Manual (LAPM), Section 4526 of the State of California Government Code, and the City’s procurement policies.

The City received two proposals by the closing date of July 17, 2025. Per the LAPM, a minimum of three proposals must be received and evaluated, and if only two proposals are received, a 272
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO BIGGS CARDOSA

ASSOCIATES FOR ENVIRONMENTAL AND DESIGN SERVICES FOR THE PINE AVENUE CONNECTOR/BRIDGE PROJECT (ST261) AND GRANT (G7261).

PAGE: 4
justification must be documented to proceed with the procurement. The City has determined that the solicitation did not contain conditions or requirements that arbitrarily limited competition and therefore it is not feasible or practical to re-compete under a new solicitation. A review committee, consisting of City staff, City of Chino Hills staff, and staff from the San Bernardino County Transportation Authority (SBCTA) evaluated proposals separately to maintain confidentiality and fairness. The committee then scored these proposals using the following weighted criteria:
 Experience/Qualifications: 25%
 Past Performance/References: 25%
 Plan Methodology/Project Approach: 25%
 Quality and Responsiveness of Proposal: 25%
 Competitive Pricing: 0%
The two firms proposing were invited back for a second round of evaluation consisting of inperson interviews. Following evaluation, Biggs Cardosa Associates received the highest average cumulative score and is recommended for contract award. This selection process is also consistent with the Federal requirements for Qualification Based Selection in anticipation of potential Federal funding for the construction of the project.

Evaluation Results:

RANKING CONSULTANT
1 Biggs Cardosa Associates
2 Huitt Zollars
Upon selection of the most qualified firm, the City requested a Financial Document Review of Biggs Cardosa Associates and their subconsultants with the Caltrans Independent Office of Audits and Investigations upon which the documents were reviewed and accepted. The RFP was advertised with Disadvantage Business Enterprises (DBE) goals in compliance with Chapter 9 of the LAPM. On September 30, 2025, the United States Department of Transportation issued an Interim Final Rule (IFR) making significant changes to the DBE program that became effective on October 3, 2025. The IFR temporarily suspends all DBE goal requirements and goal setting will resume once reevaluations of all DBEs under the new criteria are complete. Caltrans subsequently issued an official advisory to all stakeholders directing that any contracts pending award must have their DBE goals removed. Accordingly, the Professional Services Agreement (PSA) pending award with Biggs Cardosa Associates has been modified to remove all references to DBE goals and associated DBE reporting requirements. These modifications have been reviewed and approved by the City Attorney and Biggs Cardosa Associates. Staff requests City Council approval to award a PSA to Biggs Cardosa Associates for the Environmental and Design Services for the Pine Avenue Connector/Bridge Project (ST261) for a not-to-exceed negotiated fee amount of $6,964,986.99.

Attachment: Exhibit A – Project Vicinity Map (ST261)
Exhibit B – Professional Services Agreement (Biggs Cardosa Associates) 273
274
Project Name/No.: ST261 Pine Avenue Connector/ Contract No.:____________ Bridge Project Environmental
& Design Services
Project Manager: Public Works – M. Hindersinn Approved:___________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
BIGGS CARDOSA ASSOCIATES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2
nd day of December, 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Biggs Cardosa Associates, Inc., a California corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated 275
01225.0001/863604.2 2
herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing 276
01225.0001/863604.2 3
wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
277
01225.0001/863604.2 4
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

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

1.8 Care of Work.
278
01225.0001/863604.2 5
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

Additional Federal Provisions shall be incorporated into the Agreement as set forth in Articles IX, XV, XVI, XVIII, XXIX, XXX, XXXI, and XXXII of the Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE, 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. 279
01225.0001/863604.2 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Six Million Nine Hundred Sixty-Four Thousand Nine Hundred Eighty-Six Dollars and Ninety-Nine Cents ($6,964,986.99) (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.
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(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (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. 281
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3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this 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, 2030, 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)
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(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

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 subconsultant, if any, assigned to perform the services required under this Agreement.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing 283
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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 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, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (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 noncontributory 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. 285
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(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 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 286
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against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 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:
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(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(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 288
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cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 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 289
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Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (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. 290
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7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 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 291
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this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 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.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

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. Consultant hereby certifies that it complies with Title VI of the Civil Rights Act of 1964 (42 U.S.C § 2000d et seq., 78 stat. 252) and the assurances set forth in “Title VI Assurances” attached hereto as Exhibit “E” and incorporated herein by this reference.

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 293
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unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 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 294
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he 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.

9.8 Prohibition of Expending City, State, or Federal Funds for Lobbying.

Consultant certifies, to the best of his or her knowledge and belief, that:
(a) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. 295
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(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_______________________________ _______________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works CONSULTANT:

BIGGS CARDOSA ASSOCIATES, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:500 S. Main Street, Suite 1200
Orange, CA 92868
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. 297
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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.
298

INTRODUCTION
The City of Chino (“City”), in coordination with the City of Chino Hills, Caltrans, and the San Bernardino County Transportation Authority (“SBCTA”), proposes extending Pine Avenue to connect to State Route 71 (SR-71) from Euclid Avenue. Pine Avenue from SR-71 to El Prado Road would become an urban fourlane-bridge arterial, and the existing Pine Avenue would become a four-lane arterial from El Prado Road to Euclid Avenue (SR-83) all within the United States Army Corps of Engineers (“USACE”) and the cities of Chino and Chino Hills jurisdictions.

The proposed Pine Avenue Connector / Bridge Project (“Project”) is a key element of the City of Chino General Plan Circulation Element, which proposes to enhance mobility and safety. The proposed Project will provide the needed connection from Euclid Avenue to SR-71 and begin the process of developing Pine Avenue into an east-west transportation corridor between SR-71 and Interstate 15 (I-15) to supplement the existing east-west freeways and roads in this area. The Project is of regional significance, providing access from SR-71 to Chino Hills, Ontario, Eastvale, and Jurupa Valley. This Project will facilitate the movement of goods and people through the region, decrease transportation costs, and improve access for a growing population in the region. This Scope of Services includes preparing Project Approval and Environmental Documentation (PA&ED) activities; advancing the Project through the Environmental Impact Report (EIR) process, coordinating the public outreach process under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA); preparing Plans, Specifications, and Engineer’s Estimates (PS&E); coordinating with regulatory agencies; and coordinating with the City, City of Chino Hills, SBCTA, and Caltrans in the preparation of the PA&ED and PS&E packages for the Project.

The City of Chino will be the CEQA Lead Agency, and Caltrans will be the NEPA Lead Agency.

This Scope of Services has been developed based upon the scope provided in the Request for Proposals (RFP) and experience on similar projects, bringing the best practices forth to the Pine Avenue Connector / Bridge Project. Any references to “Consultant” shall mean Biggs Cardosa Associates and its subconsultants. References to “City” shall mean the City of Chino.

EXHIBIT “A-1”
SC2PE 2) SE59ICES
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SCOPE OF SERVICES
TASK 1 – PROJECT MANAGEMENT AND ADMINISTRATION
The Project will be primarily led by the City’s Public Works Department, but will require multi-jurisdictional cooperation with several agencies. Agencies providing necessary input on the Project design may include:
▪ City of Chino, City of Chino Hills, and SBCTA
▪ Caltrans/Federal Highway Administration (FHWA)
▪ U.S. Army Corps of Engineers (USACE)
▪ California Department of Fish and Wildlife (CDFW)
▪ Regional Water Quality Control Board (RWQCB)
▪ Southern California Edison (SCE)
▪ California Public Utilities Commission (CPUC)
▪ El Prado Golf Course
▪ San Bernardino County – Regional Parks Department
▪ San Bernardino County – Flood Control District (SBCFCD) ▪ Orange County Flood Control District (OCFCD)
▪ Santa Ana Watershed Project Authority (SAWPA)
▪ Inland Empire Utilities Agency (IEUA)
▪ Southern California Gas (SoCal Gas)
▪ Other utility companies within the Project area
The Consultant shall interface both locally with City staff and other affected agencies as necessary, as well as participate in discussions and presentations with the wider design team at periodic project milestones.

The Consultant will also work closely with the design firm at the State Route 71 / Pine Avenue interchange to coordinate the interface between the two projects.

1.1 Project Kick-Off Meeting
The Consultant shall schedule and conduct a Project kick-off meeting in-person within three (3) weeks of NTP to discuss Project details, establish goals, review the Project schedule, and coordinate efforts. City staff will work in conjunction with the Consultant to develop a list of key stakeholders that will make up the Project Development Team (PDT) prior to the Project kick-off meeting. Once the stakeholders are identified, the Consultant shall contact all members of the PDT to coordinate the scheduled meeting date, location, and time. A meeting notice, agenda, and – within five (5) days following the meeting – meeting minutes noting all action items shall be prepared by the Consultant for the kick-off meeting.

Assumptions It is assumed that the kick-off meeting (PDT No. 1) will be held in-person at Chino City Hall. Other PDT meetings are assumed to be conducted virtually.

Deliverables ▪ Kick-Off Meeting (PDT No. 1) Agenda
▪ Kick-Off Meeting (PDT No. 1) Meeting Minutes and Action Items

1.2 PDT Meetings
The Consultant shall coordinate and attend monthly virtual PDT meetings with City staff and stakeholder representatives and at interim periodic Project milestones, as necessary. Meeting agendas for the planned meeting and summaries/notes from the previous meetings shall be prepared by the Consultant at each meeting and distributed to all attendees. An action item list and a status of project deliverables shall be updated on an ongoing basis (monthly) and be made available for each PDT meeting.

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Assumptions ▪ This scope includes up to thirty (30) PDT meetings. ▪ Except for PDT No. 1, PDT meetings are assumed to be conducted virtually. ▪ PDT agenda packages will include a Log of Submittals, Log of Distribution and Deliverables, and a progress schedule.

Deliverables ▪ PDT Meeting Agenda Packages
▪ PDT Meeting Minutes

1.3 Project Schedule
The Consultant shall, within four (4) weeks of NTP, provide a detailed project baseline schedule (Project Schedule), indicating milestones, major activities, and deliverables, to the City for review and comments.

The Consultant shall update the Project Schedule as required and include with each PDT meeting package and monthly progress report.

Assumptions The project schedule will be developed in Primavera P6 format.

Deliverables ▪ Baseline Project Schedule
▪ Monthly Schedule Updates

1.4 Monthly Progress Reports
The Consultant shall prepare monthly progress reports to record ongoing progress on the Project and to support monthly invoices submitted to the City for payment. Reports shall include an explanation of tasks accomplished for the month, deliverables finished/submitted, anticipated tasks/progress for the next month, pending concerns and schedule completion target dates (updated Project schedule).

Assumptions Progress will be reported as a bullet point list by major task (e.g. Task 1 – Project Management and Administration). Sub-task breakdown (e.g. Task 1.4 Monthly Progress Reports) is not anticipated for progress reporting purposes.

Deliverables Monthly Progress Reports

1.5 Cost Accounting
The Consultant shall submit monthly invoices that indicate: 1) the total contract amount, 2) all costs incurred for specific tasks performed for the period (actual and percentage), 3) costs incurred to date (actual and percentage), and 4) estimates percentage of completion for each task. Invoices shall include the Purchase Order (PO), Project, and invoice numbers on a form provided by the City (or in a format acceptable to the City). Charges for each of the individual tasks shall be listed separately, including reimbursable expenses.

Assumptions Costs will be reported by major task (e.g. Task 1 – Project Management and Administration). Sub-task breakdown is not anticipated.

Deliverables Monthly Invoices
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1.6 Quality Assurance / Quality Control
The Consultant shall plan for and ensure Quality Assurance and Quality Control (QA/QC) during the entire Project. The Consultant shall also ensure that all design calculations, deliverables, and other works are independently verified to ensure accuracy. Report submittals will be reviewed to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards. Exhibits and plans should be checked, corrected, and backchecked for accuracy and completeness.

The Consultant shall prepare and maintain a Quality Management System (QMS) Manual throughout performance of services. The intent is to document the processes that must be followed and monitored to ensure that deliverables conform to City, Caltrans, and other standards, and meet professional engineering practice standards in effect at the time of execution.

Assumptions ▪ Independent structural calculations will be produced by a qualified structural engineering other than the original designer in accordance with Caltrans requirements.
▪ The cost of the QC activities is covered under separate and various tasks. Fee allocated to this task is intended to cover preparation of the QMS Manual and routine QA audits to ensure compliance with the QMS Manual.

Deliverables Quality Management System Manual

1.7 Submittal of Project Deliverables and Formats
The Project deliverables shall be submitted for review, as appropriate, to the City of Chino, Chino Hills, Caltrans, SBCTA, regulatory agencies, utility companies, and all other agencies having jurisdiction. All work products shall be delivered in file or data formats compatible with City systems. The City shall be copied on all correspondence with other agencies, utility companies, and other third-party entities. Major tasks with deliverables are anticipated to include:
• Traffic Analysis and Traffic Signal Design
• Environmental Documentation
• Environmental Permitting Tasks
• Public Outreach
• Topographic and Boundary Surveys
• Right-of-Way Engineering / Appraisals & Acquisitions
• 30% Submittal (Preliminary Engineering / Conceptual Layouts) • 60% Submittal (Plans and Cost Estimate - P&E)
• 90% Submittal (Plans, Specifications, and Cost Estimates - PS&E) • 100% Submittal (PS&E Package)
• Caltrans Local Assistance Processing
Submittals shall include all preliminary information needed for the appropriate agencies to accept a package for review. If requested, underlying data should be provided in ESRI shapefile format, and/or AutoCAD (latest version) format geo-referenced to appropriate projection and datum to allow import into a GIS system. Submittals of plans shall be electronic file (Adobe PDF) copy.

Electronic files shall be provided for the 30%, 60%, 90%, and 100% design submittals in Adobe PDF format.

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The 100% submittal shall also include the original AutoCAD files, geo-referenced to allow import into a GIS system. The City’s preferred data projection and datum is the National Geodetic Vertical Datum of 1929 (NGVD29). Electronic files of all documents shall also be made available on a dedicated FTP site or SharePoint created for this Project and provided by the Consultant. Electronic files for reports and summaries shall be submitted in their original format, i.e., Microsoft Word/Excel and in Adobe PDF formats.

PS&E submittals shall conform to the requirements of the agency to which the packages are being submitted. Right-of-way documentation submittal shall include survey information, an overall right-ofway map, preliminary title reports, plats and legal descriptions, deeds, easement documents, and “Rightof-Entry” forms.

All final surveys, studies, calculations, designs, reports, maps, legal descriptions, plans, specifications, and estimates shall include all original documents with seals and signatures by registered professional land surveyors, engineers, or architects licensed in the State of California.

All data, information, documents, calculations, reports, plans, specifications, quantity take-offs, estimates, or any other item collected or prepared in either hard copy or electronic format as part of the design of this Project shall be submitted to the City at the completion of the Project.

Assumptions ▪ Consultant will setup and maintain a SharePoint site for the Project. Deliverables will be stored on the site and transmitted via SharePoint links. ▪ This scope assumes that comments on deliverables will be addressed at the next milestone submittal. For example, comments on the 30% submittal will be incorporated for the 60% submittal (Draft and Final 30% submittals will not be required).

Deliverables N/A [Deliverables described in this section are contained in the various tasks throughout this Scope of Services]

1.8 Project Management Plan
A comprehensive Project Management Plan (PMP) will be prepared to communicate this Scope of Services and technical requirements to project participants. The PMP shall identify the procedures and technical requirements that are to be followed in developing project deliverables. The PMP shall also describe the responsibilities of each participant in the project. The following items shall be in the PMP:
▪ Scope of Services
▪ Log of Deliverables
o Consultant shall prepare a list of deliverables indicating the applicable Scope of Services section, dates submitted/approved, and file locations conforming to the Project’s electronic filing system.
▪ Baseline Project Schedule
o A Critical Path Method (CPM) schedule shall be prepared by the Consultant and shall be updated on a monthly basis. This schedule shall be included in the PMP and will serve as the baseline schedule for the Project. The schedule shall include a list of tasks and subtasks, milestones, major activities and deliverables. Agency review times of each submittal shall be included in the schedule. Issuance of needed permits shall also be included. ▪ Project Electronic Filing System
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SCOPE OF SERVICES
o Project files shall be indexed in accordance with Caltrans’ Project Development Uniform File System.
▪ CADD Procedures
o Plans shall be prepared in AutoCAD .dwg format. Plans shall be prepared according to City Standards.
▪ Invoicing Instructions
o Consultant monthly invoices shall be reported by task and shall be accompanied by a progress report. The City shall supply invoicing requirements for inclusion in the PMP. ▪ Design Standards
o Consultant shall prepare a list of applicable design standards. Plans and specifications shall be prepared in accordance with current City, AASHTO, and Caltrans’ regulations, policies, procedures, manuals, and standards.
o Plans, specifications, and estimates for the bridge will be prepared in accordance with 2025 Caltrans standards.
o Roadway, water, sewer, lighting, signal, landscape, traffic striping and signage, traffic control, erosion control and drainage plans shall be prepared on City standard plan and profile sheets.
▪ Health and Safety Plan
▪ General Prevailing Wage Determinations
▪ Risk Assessment Register
The PMP shall be distributed to each project participant at the beginning of the project.

Assumptions
Deliverables Project Management Plan
TASK 2 – TRAFFIC ANALYSIS AND PRELIMINARY TRAFFIC SIGNAL DESIGN

2.1 Meetings
Consultant shall attend PDT meetings and traffic-focused meetings to discuss technical traffic questions with City and City of Chino Hills staff.

Assumptions This scope includes up to 30 PDT meetings and 24 traffic specific meetings (workshops).

Deliverables ▪ Traffic Workshop Agendas
▪ Traffic Workshop Meeting Minutes

2.2 Collect / Compile Traffic Data
Consultant shall collect existing AM and PM peak hour traffic counts, segment average daily traffic (ADT) counts, and freeway segment and ramp count data per Appendix 4 to the RFP for the intersections, roadway segments, and Caltrans interchanges to be studied. Existing freeway mainline peak hour volumes will be obtained from Caltrans data resources (PEMS).

Field survey will be performed to determine existing roadway segment geometry and lane configurations.

Turn pocket storage lengths, traffic signal timing data and traffic signal phasing will be obtained for the A-7
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SCOPE OF SERVICES
existing study area intersections.

Recent traffic studies addressing existing and future conditions and anticipated future development within the study area will be compiled and reviewed.

Consultant shall compile information regarding cumulative development projects in the study area for purposes of developing Interim (Opening) Year forecasts and potentially refining the Design Year modeling input data.

It is anticipated that the travel demand forecasting model developed for the Chino General Plan Update will account for the anticipated future growth in the study area but this will be verified.

Consultant shall compile relevant traffic model information from available travel demand forecasting tools, potentially including the Chino Traffic Model, the more recent SBTAM+, the SCAG Regional Model, and / or any other potentially applicable travel demand model that would be appropriate for use in developing Design Year traffic volume forecasts.

Consultant shall obtain and evaluate accident data to determine if the proposed project would address current safety issues (if any).

Assumptions ▪ This scope assumes collecting traffic counts at 30 intersections, and 20 roadway segments, 16 ramp segments, and two freeway segment traffic volume counts. ▪ The Chino General Plan Update Model will be selected as the travel demand forecasting tool to develop Opening Year and Design Year forecasts.

Deliverables ▪ Vehicle Traffic Counts
▪ Field Work Observations
▪ Cumulative Project List
▪ Safety Data Review

2.3 Traffic Forecast Study
Review and compare the traffic analysis zone (TAZ) structures for the various available travel demand forecasting models.

Review and compare the input socioeconomic data (SED) and / or land use data (which may be converted to SED for comparison purposes) for the various available travel demand forecasting models, as well as with the known cumulative development projects within the study area.

Review and compare the roadway networks for the various available travel demand forecasting models.

Prepare a letter report summarizing the results of the data review process and provide recommendations regarding the most appropriate approach to developing the Design Year and Horizon Year forecasts for use in the transportation analysis.

Coordinate with Chino, SBCTA, Caltrans, and Chino Hills staff through meetings (up to 12 meetings anticipated) and correspondence, as well as provide documentation and share traffic model data to obtain concurrence on the model and procedures used to develop the Design Year traffic forecasts. It is anticipated that a revised methodology letter will be issued following the initial review and reconciliation of comments regarding the approach.

Calculate cumulative project trip generation and estimate cumulative project trip distributions for up to A-8
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SCOPE OF SERVICES
50 cumulative development projects. Use the resulting information to calculate cumulative project only traffic volumes.

Prepare a report summarizing the draft Opening Year, Design Year, and Horizon Year traffic volume forecasts for review by the overall project team. The report summary will include a comparison in traffic volumes between each No Project and With Project conditions for the Near Term, Design Year, and Horizon Year scenarios.

Coordinate with Chino, SCAG, SBCTA, Caltrans, and Chino Hills staff through meetings (up to 12 meetings anticipated) and correspondence, to obtain approval of the Opening Year, Design Year, and Horizon Year traffic forecasts. It is anticipated that a revised forecasts letter will be issued following the initial review and reconciliation of comments regarding the draft forecasts.

Assumptions ▪ This scope includes up to 12 coordination meetings with local and regional agencies to review the transportation and land use assumptions. ▪ This scope assumes up to two review cycles of the Draft Traffic Volume Report prior to submission of the Final Traffic Volume Report. ▪ The Consultant will respond to comments received on the Draft Traffic Volume Report for each review cycle and resubmit it.

Deliverables ▪ Traffic Forecast Meetings / Workshops
▪ Traffic Volume Report

2.4 Traffic Analysis
Analysis will be performed for the following time frames / scenarios from the “Pine Avenue Extension Project Proposed TIA Scope for RFP Purposes”, Appendix 4 to the RFP:
• Existing Condition
• Near Term No Build
• Near Term Four-Lane Urban Arterial
• Design Year No Build
• Design Year Four-Lane Urban Arterial
• Horizon Year No Build
• Horizon Year Four-Lane Urban Arterial
Peak hour arterial intersection (including ramp junction intersections) levels of service will be assessed for the roadway segments and intersections identified for inclusion in the transportation analysis. Intersection level of service will be calculated using Highway Capacity Manual (HCM) level of service analysis methodologies. Vehicle storage requirements (50th and 95th percentile queues) and traffic progression will also be evaluated using the SYNCHRO or SimTraffic analysis tools.

Long-range lane roadway segment lane requirements, intersection lane configuration requirements, and turn pocket lengths will be determined. Caltrans Traffic Signal Warrants will be performed, where appropriate. Left turn operations at signalized intersections (e.g., permitted, protected, or protected/permitted) will be recommended based on Caltrans Highway Design Manual guidelines in compliance with FHWA.

The proposed analysis will also include assessment of the vehicle-miles and vehicle hours of travel associated with No Project and With Project conditions for the area that is affected by the proposed A-9
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roadway.

Alternative transportation modes will be considered, and recommendations will be developed regarding the provision of pedestrian and bicycle facilities for the project and connectivity.

Assumptions ▪ Intersection capacity assessment will be conducted using Synchro or SimTraffic. ▪ Roadway segment capacity assessment will be conducted based on city’s roadway classification standards.
▪ VMT and VHT assessment will be prepared under both baseline and future conditions.

Deliverables ▪ Intersection and Roadway Capacity Results ▪ VMT and VHT Results

2.5 Technical Report
Prepare a draft transportation technical report. The transportation technical report will document the level of service analysis methodologies employed, existing traffic conditions, methodologies used to develop Opening Year, Design Year, and Horizon Year traffic volume forecasts, and the analysis results for all future time frames. Recommended lane requirements and turn lane storage lengths will be identified in the report. The report will document the improvements needed to maintain satisfactory operations for Design Year and Horizon Year conditions for no build and build alternatives at the subject project and analysis area.

Respond to comments on the draft transportation technical report and prepare an updated report that addresses the comments received. Based upon the number of jurisdictions / agencies involved in the project, including local agencies, Caltrans, and FHWA, it is anticipated that up to five (5) review cycles may be required to achieve final approval of the transportation analysis document. These review cycles, including responses to comments, are included as part of the proposed scope and budget.

Additionally, the Traffic Analysis will report the differences between the pre and post project conditions in each scenario to clearly illustrate how the project is anticipated to change the traffic patterns in the region.

Assumptions ▪ This scope assumes up to five review cycles of the Draft Technical Report prior to the Final Technical Report.
▪ The Consultant will respond to comments received on the Draft Technical Report for each review cycle and resubmit it.

Deliverables Transportation Technical Report

2.6 Vehicle Miles Traveled (VMT) Analysis
A separate analysis will study and use Vehicle Miles Traveled (VMT) to comply with CEQA required assessments of transportation impacts. The City of Chino will still use the old measurement method of Level of Service (LOS), as described above, to size the proposed project and meet the City LOS standards.

The City of Chino and Chino Hills VMT Thresholds of Significance will be required.

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Assumptions Consultant, based on experience with the City’s General Plan Update, notes that the project does not induce VMT, and should result in a less-than-significant impact.

Deliverables VMT Assessment [Included in Transportation Technical Report]

2.7 Traffic Signal, Lighting, and Interconnect Plans
Consultant shall anticipate the design of two new traffic signals and two signal modifications, traffic signal interconnect/fiber optic communication, and street/bridge lighting. Consultant shall prepare the traffic signal plans and specifications at 60% based on their findings of the 30% conceptual phase of the design.

The two new traffic signals are anticipated at the intersections of Fairfield Ranch Road and El Prado Road, and the signal modifications are anticipated for Fern Avenue and Euclid Avenue.

The traffic signal interconnection and fiber optic communication plans will be developed to enhance the City’s traffic management capabilities and prepare for future Intelligent Transportation System (ITS) integration. The scope of work will include field verification of existing infrastructure, identification of available conduit and pull boxes, and the design of new fiber optic pathways to interconnect the traffic signals from Fairfield Ranch Road to Euclid Avenue.

Street lighting will also be incorporated along the corridor, including upgraded lighting fixtures to enhance visibility, safety, and energy efficiency. Additionally, bridge lighting will be included to ensure continuous and consistent illumination, contributing to both functional and aesthetic enhancements. We will evaluate the use of amber or low-intensity lighting along the bridge to minimize lighting pollution and ecological disruption. The lighting elements will be seamlessly integrated into the overall design to align with conduit routing, power supply and communication infrastructure.

Assumptions
Deliverables ▪ Traffic Signal and Signal Modification PS&E ▪ Interconnect and/or Fiber Optic Communication PS&E
▪ Street and Bridge Lighting PS&E
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TASK 3 – ENVIRONMENTAL DOCUMENTATION

3.1 Environmental Meetings / Project Management
This task includes efforts related to management/coordination, and meetings conducted by the Consultant.

Assumptions ▪ With exception of the Kick-Off Meeting (PDT No. 1), all meetings will be attended virtually by the Consultant
▪ Consultant will attend up to fifty-four (54) one hour long virtual project-related meetings.

Deliverables

3.2 Preliminary Environmental Study
Once the design for the project has been developed, a current Caltrans Preliminary Environmental Study (PES) form will be prepared for submittal to the City first and then to Caltrans for review. The purpose of the PES is to identify and receive concurrence from Caltrans regarding the technical studies that will need to be prepared for the proposed project and to receive concurrence regarding the environmental document to be prepared to comply with NEPA. The PES will be prepared using existing, available information and no new analyses or detailed evaluations are assumed or included. As directed in the PES, cultural information will be provided entirely by Caltrans. Figures will include a vicinity map, a location map, and the project layouts. No additional figures or graphics are assumed to be necessary. The PES will also include an Initial Site Assessment Checklist, Flood Insurance Rate Map, and Visual Assessment Guide checklist.

Assumptions No stand-alone studies/memoranda will be prepared in support of the PES.

Deliverables ▪ Draft PES for City and then Caltrans review (electronic only) ▪ Revised PES for City concurrence and Caltrans review (electronic only) ▪ Final PES for Caltrans concurrence (electronic only)

3.3 Scoping
The purpose of this task is to initiate the CEQA environmental processes, identify the appropriate CEQA document (scoping is not required under NEPA for an EA), and notify the affected agencies and public that the environmental process is underway. Although the City will be the CEQA lead agency, the Caltrans Standard Environmental Reference (SER) will be followed in preparing the CEQA notices and initiating the scoping process. The following items will be prepared.

3.3.1 Notice of Preparation (NOP)
The Consultant will prepare a draft NOP using the format that has been used on other recent projects in District 8 (it is assumed that the City will be agreeable to utilizing the same approach that Caltrans District 8 utilizes for NOPs when they are the CEQA lead agency). The NOP will consist of the following sections, which will all be briefly addressed. No other information is assumed to be required. • Introduction
• Location and Setting (including a vicinity/location map) A-12
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• Project History
• Alternatives (brief summary of each alternative and an overview layout map for each; assumed to address the two Build alternatives and the No-Build Alternative only) • Probable Environmental Effects (this will consist strictly of a bullet list of topic areas that could be impacted; no discussion or other information is assumed to be required or included) Consultant will provide the Draft NOP to the City for review. It is assumed that no more than two Build alternatives will be addressed in the NOP. Based on comments received, Consultant will revise the documents and submit the final NOP and distribution list to the City for approval. No additional reviews are assumed or included.

The NOP will be submitted electronically to the Governor’s Office of Land Use and Climate Innovation (LCI), and via certified mail to elected officials, affected agencies, interested groups, and property owners/occupants within 0.25 mile of the project (or as determined by the project team, but assumed not to exceed 0.5 mile).

Assumptions It is assumed that no more than two Build alternatives will be addressed in the NOP.

Deliverables ▪ Draft NOP (electronic only, for City review) ▪ Final NOP (electronic only, for City concurrence)
▪ Draft and Final distribution list with addresses for owners and occupants (electronic only)

3.3.2 Responses Received on the NOP
Written responses received related to the NOP will be taken into consideration when preparing the technical studies and environmental document. No responses will be prepared to the comments received as this is not required; they will, however, be considered when preparing the environmental document.

All written responses received on the NOP will be tracked and a comments tracking matrix/summary will be prepared.

Assumptions No responses will be prepared to the comments received on the NOP.

Deliverables NOP comments tracking matrix/summary.

3.3.3 Prepare for and Conduct Scoping Meeting
A (one) CEQA public scoping meeting will be conducted to inform the public and responsible agencies about the proposed project and the environmental process, and to solicit input from agencies and the public regarding the alternatives to be evaluated in the EIR and environmental parameters and potential impacts to be assessed in the EIR.

Assumptions The scoping meeting will be conducted and attended in person.

Deliverables ▪ Provide a Spanish translator at the virtual meeting (or setup a separate virtual Spanish language meeting to occur simultaneously)
▪ Draft and Final scoping meeting notice (English and Spanish) ▪ Prepare sign-in sheets and comment cards
▪ Provide a court report at meetings if needed
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▪ Prepare a written summary of written comments received on comment cards at the scoping meetings
▪ Prepare PowerPoint presentation and virtual displays
▪ Conduct and document environmental scoping meeting(s) ▪ Conduct and document other formal and informal public participation activities such as citizen's committees, focus groups, presentations to political bodies, and media appearances, not directly related to preparation and coordination of a technical work product.
▪ Prepare and circulate newsletters and other public informational and press materials (if requested by the City)
▪ Prepare and maintain Project Distribution/Mailing List ▪ Coordinate posting of public information documents to agency website ▪ Any project website development and maintenance
▪ Publish meeting notices in newspapers
▪ Identify and reserve meeting locations
▪ Provide refreshments and other materials needed for the scoping meetings ▪ Prepare Summary of Public Scoping Meetings document

3.3.4 Confirm Alternatives to Carry Forward for Evaluation in Technical Studies and Environmental Document
Based on the written responses received on the NOP, the Consultant will work with the City and Caltrans to confirm if any new alternatives, as a result of the public scoping process, should be incorporated into the project. However, it is assumed that no additional alternatives will be identified and that this will be documented by the Consultant.

Assumptions ▪ No additional Build alternatives will be identified beyond those included in the NOP.

Deliverables ▪ None

3.4 Technical Studies
Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans SER website, Caltrans Local Assistance Procedures Manual, local and state CEQA Guidelines, and FHWA Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER website as of the date that those studies are initiated. Technical studies and the environmental document will be prepared based on the annotated outline that is available at the time that the notice to proceed (NTP) is issued for the project. Effort to address changes to the annotated outlines after issuance of the NTP, should any occur, would be considered out of scope. In addition, effort to address changes to requirements, regulations, laws, or guidance that are adopted/issued after the NTP is issued for the project, should any occur, would be considered out of scope.

Only those technical studies identified in this scope of work are assumed or included. Any other technical studies or efforts are assumed to be not required or addressed/prepared by others. For this scope of A-14
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work, the technical studies for which a specific scope of work has been included have been assumed based on a review of existing project information. If additional studies are identified during the environmental phase of the project a scope of work and cost will be submitted for approval by the City prior to their initiation. It is assumed that a maximum of two Build Alternatives will be evaluated.

If a borrow site is needed for the project it is assumed the same borrow site will be utilized that was identified and addressed for the originally proposed Pine Avenue Extension project (i.e., the borrow site located between Cucamonga Avenue and Hellman Avenue, south of Chino Corona Road). If a new or additional borrow site is needed, then evaluation of the site would be considered out of scope.

The geotechnical borings will be accounted for and addressed in the Natural Environment Study and Historic Property Survey Report prepared for the proposed project; preparation of a separate NES and HPSR for the geotechnical borings are not assumed or included.

3.4.1 Historic Property Survey Report
For cultural resources, it is assumed that supplemental studies will be prepared, unlike the other studies included in this scope of work, because it is also assumed that no additional cultural resources will be identified within the Area of Potential Effect (APE) for the proposed project as compared to the APE established for the Historic Property Survey Report (HPSR) prepared for the originally proposed project.

By utilizing supplemental reports it is assumed that a Historical Resources Evaluation Report (HRER) will not need to be prepared, which would otherwise be required if brand new cultural studies were to be prepared. If Caltrans disagrees with this approach and a Historical Resources Evaluation Report (HRER) is determined to be required then this would be considered out of scope.

The proposed project improvements will be subject to compliance with Section 106 of the National Historic Preservation Act. This requires consideration of potential project effects to historic properties including archaeological and historical resources listed in or eligible for listing in the National Register of Historic Places according to criteria listed in 36 Code of Federal Regulations (CFR) 800. Caltrans administers Section 106 compliance on behalf of FHWA and requires that documentation conform to specifications contained in Caltrans Standard Environmental Reference. Cultural resource studies must be prepared and processed in accordance with the December 2024 Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, the United States Army Corps of Engineers’ Sacramento District, San Francisco District, and Los Angeles District, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program In California (Section 106 PA).

Working with the City and Caltrans, Consultant will establish an APE map for Caltrans approval. It is assumed that the HPSR will account for proposed project-related improvements as well as the geotechnical borings conducted to support project design. To account for physical effects due to damage, demolition, or vibration, the APE will be based on the total anticipated limits of disturbance associated with project activities (e.g., bridge construction or widening, geotechnical borings to support project design, staging areas and other temporary construction easements, detours, borrow pit, temporary construction activities, and parcels containing impacted structures, if any), plus a buffer to account for potential visual and noise effects.

Consultant will contact the Native American Heritage Commission and request a review of its Sacred Lands File. Consultant will coordinate with Caltrans and the City to assist in consultation with Native A-15
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American groups and other interested parties under Section 106 of the National Historic Preservation Act and Assembly Bill (AB) 52. Consultant will prepare Section 106 consultation letters on Caltrans letterhead, and AB52 consultation letters on City letterhead, and mail the letters via United States Postal Service certified mail on behalf of each lead agency. Consultant will conduct follow-up phone calls and/or emails, and prepare the consultation logs. Consultation will be conducted in accordance with appropriate current state and federal regulations; therefore, Caltrans and the City will conduct the actual consultations with information that is prepared and provided by Consultant.

Following completion of the record search/review, Consultant’s archaeologists will conduct a field survey of the APE. This scope of work assumes that one archaeological site (P-36-005096, the Cogstone Site) will be located in the APE and no additional archaeological sites will be identified in the APE. Consultant will prepare a Consideration of Eligibility for the site for Caltrans and SHPO concurrence, and a Finding of No Adverse Effect Without Standard Conditions.

Consultant assumes the 10.29-acre area that was not surveyed in July 2022 as part of the originally proposed project will not be accessible for this project. Therefore, Consultant will prepare a Phased Cultural Identification Plan. The phased identification protocol allows for the completion of Phase I investigations prior to project construction (see Task 3.4.2 below).

Consultant’s architectural historians will conduct a field survey of any expanded portions in the revised APE to record built environment properties in the APE. All built-environment properties within the APE not evaluated in the 2022 HRER are assumed to be exempt from evaluation per Appendix 4 of the Section 106 PA.

Consultant will prepare an HPSR package to document the results of the cultural resources analysis of the updated project. Attachments to the HPSR will include the APE map, ASR, and Finding of Effect document.

Assumptions ▪ An HRER is not required.
▪ No additional archaeological resources or Traditional Cultural Properties beyond those addressed in the previously prepared HPSR will be identified within the revised APE.
▪ All built-environment properties within the APE will be exempt from evaluation per Appendix 4 of the Section 106 Programmatic Agreement. ▪ The project will not result in an adverse effect to any archaeological or builtenvironment properties. ▪ Built environment consultation letters will be sent to no more than ten (10) government agencies or other interested parties.
▪ The cultural resources records search obtained from the South Central Coastal Information Center will not exceed $2,000.
▪ No testing and/or evaluation for archaeological resources will be required. ▪ Caltrans Cultural Studies Office and the State Historic Preservation Officer (SHPO) will approve the cultural resources findings without comment.

Deliverables ▪ Draft HPSR (electronically to City and then to Caltrans) ▪ Revised Draft HPSR (electronically to City and Caltrans for concurrent review) ▪ Final HPSR for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)
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3.4.2 Supplemental Historic Property Survey Report
As stated above, it is assumed the 10.29-acre area that was not surveyed in July 2022 as part of the originally proposed project will not be accessible for this project. Therefore, Consultant will prepare a Supplemental HPSR, including Supplemental ASR, for this area prior to construction and once the City has obtained access to this area and it has been cleared of vegetation by others.

Assumptions ▪ Only the 10.29-acre area will need to be addressed in the Supplemental HPSR and Supplemental ASR.
▪ No cultural resources will be identified in the 10.29-acre area.

Deliverables ▪ Draft Supplemental HPSR (electronically to City and then to Caltrans) ▪ Revised Draft Supplemental HPSR (electronically to City and Caltrans for concurrent review)
▪ Final Supplemental HPSR for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.4.3 Visual Impact Assessment
Visual changes resulting from the proposed modifications to the Pine Avenue Extension design that were analyzed in the 2018 Visual Impact Assessment for the originally proposed project were expected to be relatively minor. The revised project includes an urban four-lane-bridge arterial from SR-71 to El Prado Road, which is anticipated to result in visual changes that are somewhat more pronounced. There are no Eligible or Officially Designated State Scenic Highways associated with the proposed project or Citydesignated scenic routes. As determined by completing the California Department of Transportation’s (Caltrans’) updated Questionnaire to Determine VIA Level, a Standard Visual Impact Assessment (SVIA) is anticipated for the project.

The analysis will be performed using methods and protocol developed by FHWA and adopted by Caltrans and will utilize Caltrans’ SVIA template. Any requested format changes to standard Caltrans’ SVIA template will require scope and cost modifications. The SVIA will utilize the 2018 analysis and document any notable changes to the existing visual setting since 2018, changes to affected viewer groups, and changes to visual impacts resulting from the proposed design modifications. If needed, new mitigation measures will be proposed to lessen visual impacts resulting from the proposed design changes. The analysis will define the project location and setting; describe visual resources and resource change and viewer groups and viewer responses associated with the project; and evaluate potential visual impacts caused by the proposed project, including any proposed mitigation measures to reduce impacts.

Consultant will prepare two photo simulations for the proposed project. Key views will be established from public vantage points only. This scope assumes that one Consultant staff person will take setting photos to be referred to when conducting the analysis and for use in preparing the simulations. Candidate key views will be evaluated by Consultant against available conceptual design plans, factoring potential stakeholder concerns and the presence of sensitive visual receptors, to determine which of the candidate key views are recommended for simulating. These recommendations will be provided to the City and Caltrans for approval of the final key views for simulating.

The visual simulations will include a set of accurate and realistic computer-generated simulations to illustrate existing and post-project visual conditions from final selected key views. The simulations will be produced using digital photographs and advanced computer modeling/rendering techniques and will A-17
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show the location, scale, and appearance of visible project features including new or modified structures and overhead conductors. The simulations may also show proposed removal of existing vegetation or grading that is required for project construction. The visual simulations will be submitted in digital format for printing in color on 8.5-inch by 11-inch sheets. The existing and simulated conditions will be included together on one page, for a side-by-side comparison and included in the SVIA.

Assumptions ▪ Only two photo simulations will be required and prepared. ▪ Key views will be established from public vantage points only.

Deliverables ▪ Draft SVIA (electronically to City and then to Caltrans) ▪ Revised Draft SVIA (electronically to City and Caltrans for concurrent review) ▪ Final SVIA for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.4.4 Noise Study Report
Consultant will assess the noise impacts associated with the proposed improvements. Based on the expected improvements the project is a Type 1 project and would require compliance with the requirements specified by FHWA in 23 CFR 772. A Noise Study Report (NSR) will be required which analyzes the noise impacts based on the guidance in the Caltrans Traffic Noise Analysis Protocol (Protocol) and will be prepared to satisfy the requirements of CEQA and NEPA.

Consultant staff will identify noise sensitive land uses and other features using platforms such as Google Earth/Maps prior to the field survey. Consultant will consult with the Caltrans District 8 noise specialist (if necessary) assigned to this project to ensure that all requirements are addressed. A Noise Study Work Plan will be prepared for Caltrans review and approval prior to initiating the noise work.

Existing noise conditions in the project area will be quantified based on noise measurements conducted at locations along the project alignment. Short-term monitoring (15 to 20 minutes) will be conducted during daylight hours at selected locations in the project area at up to six (6) locations. Long-term monitoring (24 hours or more) will be conducted provided a safe and secure location can be identified to leave a long-term sound level meter in the project area at up to two (2) locations. It should be noted that much of the project area is not developed with existing roadways and therefore, may not be a candidate for model validation, based on the guidance in the Caltrans Technical Noise Supplement and the Protocol.

Consultant will conduct traffic noise modeling of the Build alternatives and the No-Build alternative using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model worst hour traffic noise conditions at representative modeled receiver locations under existing conditions and design-year build and no build conditions the proposed project.

Traffic noise impacts for the proposed project under 23 CFR 772 will be assessed by determining if implementation of the project is projected to result in traffic noise levels under design-year conditions that approach or exceed the FHWA noise abatement criteria or if implementation of the project is predicted to result in a substantial traffic noise increase (12 dB increase relative to the existing) at noisesensitive uses. If traffic noise impacts are projected to occur, information on the preliminary feasibility and reasonableness of noise abatement, as defined in the Protocol, will be evaluated and presented for use by decision makers in considering noise abatement. Consultant will also evaluate potential A-18
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construction noise impacts using methods recommended by the U.S. Department of Transportation and/or direction included in Caltrans Standard Specifications. It is assumed that the noise analysis, specifically in the context of the City’s CEQA thresholds, will be addressed directly in the EIR/EA and not in the NSR.

Consultant will prepare an NSR addressing the requirements of 23 CFR 772 in accordance with guidance in the Protocol and following the Caltrans Annotated Noise Study Report Outline. If traffic noise impacts are predicted, the NSR will include a preliminary noise abatement design to schematically identify the location, height, and extent of noise barriers needed to abate noise impacts (if applicable). In accordance with Protocol guidance, the description of noise walls will be sufficient for environmental review of the proposed project, but not for final design of the walls.

Assumptions ▪ No noise walls/barriers will be determined to be feasible in the NSR. ▪ A Noise Abatement Decision Report will not be required and no noise voting will be needed.
▪ Short-term monitoring (15 to 20 minutes) will be conducted during daylight hours at up to six (6) locations. Long-term monitoring (24 hours or more) will be conducted provided a safe and secure location at up to two (2) locations.

Deliverables ▪ Draft Noise Study Work Plan (electronically to City and Caltrans) ▪ Final Noise Study Work Plan for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments) ▪ Draft NSR (electronically to City and then to Caltrans) ▪ Revised Draft NSR (electronically to City and Caltrans for concurrent review) ▪ Final NSR for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.5 Natural Environment Study
Consultant will conduct a literature search, perform field surveys, and prepare a Natural Environmental Study (NES) report analyzing potential impacts to biological resources. The report will be prepared in accordance with Caltrans SER guidance and will conform to the Caltrans NES annotated outline that is available at the time that the NES is initiated. The NES should summarize technical documents (e.g., focused species studies, wetland assessments, biological assessments, etc.) related to effects on biological resources in the Biological Study Area (BSA) for use in the environmental document.

The following tasks will be performed during the preparation of the reports: Review of Project Information and Applicable Literature
A literature review will be conducted to identify special-status species known or reported from the project area. The literature review will include:
• Special status species lists from the California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS).
• Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of the California Native Plant Society (CNPS). • The most recent applicable Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring within the project site.

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• The most recent CDFG Annual Report on the status of California's listed Threatened and Endangered plants and animals.
• Other available biological studies conducted in the vicinity of the project site; and • Biological documentation prepared for the Pine Avenue Sewer Project.

Field Evaluation for Biological Resource Constraints
After reviewing relevant information, the project area will be evaluated, with a thorough walkover covering all portions relevant to potential biological resource constraints. Detailed field notes will be compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. Adjacent areas will also be briefly examined to provide context. It is assumed that access will be obtained by the City for the field surveys. Consultant shall attempt to include in this scope any specialized studies that may be required, however, if focused habitat evaluations for any species other than those included in this scope of work or focused surveys are required for any species then this will be communicated to the City immediately and a separate scope and cost for this work will be provided. The study area is assumed to be the proposed project footprint plus 300 feet (where access is permissible).

Technical Report Preparation
A draft NES will be developed based on results of the biological surveys and analysis and will conform to the current Caltrans NES annotated outline, as previously described. The report will describe:
• The study methods used in identifying and assessing the biological resources at the project site, the personnel who conducted the studies, contacts made with agencies, and any limitations associated with the study.
• The environmental setting including both the biological and physical setting at the project site. • The results, including special-status species present on the site, if any, and a discussion of impacts (including wildlife corridors) and mitigation, as necessary; and • The appropriate regulatory requirements and necessary permits, if any.

Permitting occurs after the environmental document has been approved and the scope for obtaining permits is included at the end of this scope of work.

Assumptions
Deliverables ▪ Draft NES
▪ Final NES
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3.6 Biological Assessment
The Consultant shall prepare a Biological Assessment (BA) of the Project area. The BA shall include review of relevant data and a site reconnaissance to identify the potential for occurrence of any listed or special status species within the Project area. These activities may include but are not necessarily limited to:

A literature review of relevant documentation including review of other Caltrans Natural Environmental Studies/Minimal Impact and Biological Assessment reports for projects within the vicinity.

A review of any relevant information including but not limited to the California Department of Fish and Game’s California Natural Diversity Database and the California Native Plant Society’s Inventory of Rare and Native plants.

A vegetation mapping and biological survey of the Project area including a pedestrian survey allowing for 100-percent visual coverage.

The BA shall include a description of the environmental setting and identify any occurrences of plant or animal species on site, particularly any species federally listed, proposed, or watch listed. Should an occurrence of a federally listed species be found within the Project area; the BA shall include any proposed mitigation(s) to minimize the impacts to the identified species.

This task includes evaluations/determinations for the following potential resource issues and will be incorporated into the Biological Assessment and NES to determine potential impacts to these species:
• Habitat Evaluation and Focused Surveys for Burrowing Owl. Surveys would include an evaluation of suitable habitat for Burrowing Owl (Athene cunicularia) and will include four site visits between the required survey window of March 1 through August 31. • Focused Sensitive Plant Survey. The project footprint will be systematically surveyed on foot for sensitive plants following standard protocols, with four different visits during the spring and blooming period April through August.
• Least Bell’s Vireo/Southwestern Willow Flycatcher Habitat Assessment and Focused Surveys Least Bell's vireo (Vireo bellii pusillus; LBVI) critical habitat and suitable habitat for southwestern willow flycatcher (Empidonax traillii extimus; SWFL) have been identified at the project site based on preliminary research. LBVI surveys will be performed with a total of eight (8) visits to the project site. Five focused survey visits for SWFL will be conducted in suitable habitat. Following USFWS guidance, surveys are not conducted with surveys for other species. • White-Tailed Kite and Tricolored Blackbird
The potential for nesting white-tailed kite and tricolored blackbird will be assessed. Surveys for these species will be conducted concurrently with a total of three (3) visits to the project site. • Focused Southwest Pond Turtle and Sensitive Herpetology (amphibians and reptiles) Trapping/Focused Survey
This survey will include four visual surveys for southwest pond turtle and active searches for other sensitive terrestrial herps potentially occurring in the project area. • Focused Survey for Santa Ana Speckled Dace and Arroyo Chub Chino Creek has no known records of Santa Ana Sucker and habitat at the project site does not A-21
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appear suitable. The focus of the survey would be for santa ana speckled dace and arroyo chub.

This will include two field surveys at the two drainage crossings along Pine Avenue. The first survey will be a habitat suitability assessment, and, if required, the second survey will be an aquatic species presence/absence survey. A technical memorandum-style report will be prepared based on the results of the habitat assessment and a second technical memorandum-style report will be prepared based on the results of the aquatic species survey. • Focused Crotch’s Bumble Bee
The project area contains suitable habitat for Crotch’s bumble bee (Bombus crotchii) and the species is known to occur in the project area. Focused bumble bee surveys will be performed with a total of three (3) site visits spaced 2-4 weeks apart between April and August. • Fairy Shrimp
The project site will be evaluated to determine if suitable habitat is present on site for listed fairy shrimp. At this time, it is assumed that no suitable habitat will be identified. If suitable habitat is identified, then a scope and cost for conducting focused surveys for listed fairy shrimp will be provided to the City for approval.

Jurisdictional Waters Delineation
A qualified biologist will examine all relevant portions of the site and perform a routine-level delineation of the extent of potentially jurisdictional waters under both state and federal regulations. Evaluation for federal wetlands will follow the applicable methods in the 1987 manual from the Corps of Engineers and 2006 Arid West supplement from the Corps of Engineers, along with subsequent supporting materials and applicable regulations, policy, and case law. The study area for this work will include the proposed project footprint along with a 100-foot buffer. This scope and cost assume that the City will be responsible for obtaining and providing access. The work will be at a routine (rather than comprehensive) level of detail, that is, point sampling and standard criteria (hydrology, soils, and vegetation) will be used to identify, map and calculate total area for federal and state jurisdiction, but no laboratory testing of soils or water, no hydrological or hydrogeomorphic analysis or modeling, no formal statistical analysis, and no extensive records searching, will be provided. Evaluation of existing functions and values for jurisdictional areas will be addressed at a qualitative level. Mapping will be performed at a scale of 1-inch equals 200 feet (1:2400) or better, with a minimum mapping unit of no more than 0.05 acres and will reflect the delineated boundaries of any jurisdictional waters and wetlands present.

Photographs representative of relevant site conditions will be taken. As part of this task a separate jurisdictional delineation report will be prepared that includes background information, delineation methods, and the results of this delineation in text, tabular, and graphical formats. The NES will meet the standard requirements for a delineation report in the applicable regions of the Corps of Engineers, California Department of Fish and Game, and Regional Water Quality Control Board. The field determination with the Corps of Engineers and Department of Fish and Game is included. Agency coordination will occur soon after the initial field work has been conducted to ensure that all agency concerns are addressed.

Assumptions
Deliverables ▪ Draft/Final Biological Assessment Report ▪ Draft/Final Burrowing Owl Report
▪ Draft/Final Sensitive Plant Report
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▪ Draft/Final LBVI/SWFL Focused Survey Report
▪ Draft/Final White Tailed Kite and Tricolored Blackbird Report ▪ Southwest Pond Turtle and Sensitive Herp Report
▪ Draft/Final Santa Ana Speckled Dace/Arroyo Chub Report ▪ Draft/Final Jurisdictional Delineation Report

3.7 Paleontological Identification Report/Paleontological Evaluation Report A combined Paleontological Information Report/Paleontological Evaluation Report (PIR/PER) will be prepared that will identify and document the viability of paleontological resources existing with the project's study limits. The following identifies the tasks to be performed.

Records Searches
The paleontologist will request paleontological records searches from the Natural History Museum of Los Angeles County (NHMLA) and San Bernardino County Museum (SBCM). The records searches will identify known paleontological localities within the Project area and a one-mile buffer, including those that may have been documented since the previous records search was completed for the area in 2017 in support of the originally proposed project.

Analysis of Existing Data
An analysis of existing data will be conducted that includes reviews of geologic mapping, published paleontological literature, previously completed paleontological assessment reports in the area, and available online databases such as the Paleobiology Database. Paleontological sensitivity rankings will be assigned to each geologic unit identified within the project area. The project area and a 0.5-mile buffer will be mapped onto the highest resolution geologic maps available and overlain with a paleontological sensitivity layer for ease of reference.

Field Survey
An initial review of geologic maps indicates that the project area is underlain by Holocene- and Pleistocene-age alluvial deposits. Holocene-age deposits are generally considered to have a low sensitivity for paleontological resources at and near the surface. However, Pleistocene-age alluvial deposits are generally considered to have a high sensitivity for paleontological resources since significant fossils have been recovered from these deposits in the project vicinity. Therefore, a field survey is recommended to verify the geologic mapping and identify the existing level of disturbance within the project footprint. If any fossils are identified during the survey, they will be documented in detail and reported to the City and Caltrans. No fossils will be collected during the survey; however, recommendations on the treatment of the fossils (e.g., preconstruction collection or sampling) will be provided.

Paleontological Identification Report/Paleontological Evaluation Report The results of the records search, analysis of existing data, and field survey will be used to assign paleontological sensitivities to the geologic units within the project area using the Caltrans tri-partite system, which includes rankings of no, low, and high sensitivity. A combined Paleontological Identification Report/Paleontological Evaluation Report (PIR/PER) will be prepared to convey the methods and results of the study. The PIR/PER will also include a description of the proposed project, project footprint, proposed excavations, and geological and paleontological context of the project area, and a discussion A-23
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of the potential to encounter significant paleontological resources during grading and excavation in the project area. Based upon the projections of the potential to encounter significant fossils, the PIR/PER will state the potential impact of the project upon paleontological resources and will provide detailed recommendations for further paleontological tasks to reduce identified adverse impacts/effects, if necessary.

Assumptions ▪ Separate reports (i.e., PIR and PER) will not be required or prepared. ▪ Paleontological record search fees will not exceed $540. ▪ A paleontological field survey will be completed by one (1) paleontologist in one (1) 8-hour day.

Deliverables ▪ Draft PIR/PER (electronically to City and then to Caltrans) ▪ Revised Draft PIR/PER (electronically to City and Caltrans for concurrent review) ▪ Final PIR/PER for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.8 Paleontological Mitigation Plan
Consultant will prepare a Paleontological Mitigation Plan (PMP) that establishes the procedures to mitigate adverse effects to significant paleontological resources during project-related construction activities in accordance with City and Caltrans requirements, Society of Vertebrate Paleontology guidelines, and other industry standards. The PMP will include project background information and recovery goals; description of when and where paleontological monitoring will be required; pre‐ construction measures such as a pre‐construction meeting and workers environmental awareness program training; monitoring methods and safety requirements; unanticipated discovery procedures and matrix sampling procedures; procedures for fossil salvage, data recovery, and laboratory work (including preparation, identification, and analysis); a repository agreement; and reporting requirements.

Assumptions Implementation of the PMP is not included.

Deliverables ▪ Draft PMP (electronically to City and then to Caltrans) ▪ Revised Draft PMP (electronically to City and Caltrans for concurrent review) ▪ Final PMP for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.9 Air Quality Report
The project is located within the South Coast Air Basin (SCAB) region of San Bernardino County. The SCAB region of the proposed project is within a nonattainment area for the federal 8-hour ozone (O3), lead, and particulate matter less than 2.5 micrometers in diameter (PM2.5) standards and within an attainment/maintenance area for the federal carbon monoxide (CO) and particulate matter less than 10 micrometers in diameter (PM10) standards. Therefore, the proposed project is subject to Transportation Conformity.

An Air Quality Report (AQR) will be prepared and include the following discussions and analyses:
• Regulatory Setting and Existing Conditions. Summarize the existing federal, state, and local air quality regulatory environment as it affects the proposed project, and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (ARB) and A-24
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the South Coast Air Quality Management District (SCAQMD), the report will characterize existing air quality conditions in the project area and explain how those conditions are affected by local climate and topography.
• Regional Conformity. As a new interchange project that would increase capacity, the project is not exempt from regional conformity. The AQR will evaluate whether the project meets regional transportation conformity requirements by determining whether it is included, as currently defined, in the most recent Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Federal Transportation Improvement Program (FTIP) prepared by the Southern California Association of Governments (SCAG).
• Project-Level Conformity. Evaluate whether the project meets project-level transportation conformity requirements, which will also be used to support the CEQA/NEPA analysis. o Localized Carbon Monoxide Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to affect local carbon monoxide (CO) concentrations using the California Department of Transportation CO Hotspot Protocol. It is anticipated that the CO screening procedure will be appropriate, and that CALINE-4 dispersion modeling will not be required. • Localized PM2.5/PM10 Hot Spot Analysis. The PM Hot Spot Analysis will assess the degree to which project-related traffic volumes have a potential to affect local PM2.5 and PM10 concentrations.

Consultant will prepare the required PM Conformity documentation and submit to Caltrans for review and approval. Caltrans will then forward the documentation to the SCAG Transportation Conformity Working Group (TCWG). Consultant will lead the TCWG interagency consultation on behalf of the City. • Evaluation of Construction-Period Emissions. A quantitative construction analysis will be performed to evaluate regional and localized mass emissions. Based on preliminary construction scheduling and phasing information, construction emissions will be quantified using the Road Construction Emissions Model integrated into the CalEEMod model.
• Evaluation of Operations-Period Mass Emissions. Regional criteria pollutant emissions will be quantified using project-level VMT and current EMFAC emissions factors. This analysis will use VMT for existing condition, no-build condition for the opening year and horizon year, and build alternative conditions for the opening year and horizon year for each Build alternative. • Mobile Source Air Toxics. Evaluate proposed project-related mobile source air toxics (MSATs) emissions in accordance with FHWA updated interim guidance on how MSATs should be addressed in NEPA documents. It is assumed that a quantitative analysis can be prepared. • Climate Change/Greenhouse Gas Emissions. A quantification of operational-period greenhouse gas (GHG) emissions associated with implementation of the proposed project will be conducted.

Operations-period GHG emissions will be quantified using regional daily VMT; and current EMFAC emissions factors. Consultant will present a comparison of GHG emissions under the Build alternatives and the No-Build Alternative to characterize effects of the proposed project on GHG emissions. The analysis of climate change will also incorporate the most recent guidance found on the Caltrans SER and Caltrans annotated outline. Construction GHG emissions will be quantified using the Road Construction Emissions Model integrated into the CalEEMod model.

Mitigation Measures. Consultant will develop mitigation measures, where applicable, to address significant air quality impacts, if present.

Assumptions ▪ The project will not be considered a Project of Air Quality Concern.

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▪ A screening-level PM conformity analysis will be sufficient, and is only included in the scope of work.

Deliverables ▪ Draft AQR (electronically to City and then to Caltrans) ▪ Revised Draft AQR (electronically to City and Caltrans for concurrent review) ▪ Final AQR for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.10 Air Quality Conformity Analysis Report
Under NEPA assignment, the federal air quality conformity determination has not been delegated to Caltrans and must be made by FHWA. Following circulation of the Draft EIR/EA, Consultant will prepare a separate Air Quality Conformity Analysis (AQCA) report using the annotated outline for this report on the SER at the time that the report is initiated and will also prepare the Conformity Checklist based on the checklist that is available on the SER at the time that the AQCA report is prepared.

Assumptions ▪ No comments related to air quality conformity will be received on the publiclycirculated Draft Environmental Document; therefore; the AQCA will not need to address such comments.
▪ The City will have the project accurately described in the FTIP with sufficient funding designated for future project phases to allow for approval of the air quality conformity determination.

Deliverables ▪ Draft AQCA (electronically to City and then to Caltrans) ▪ Revised Draft AQCA (electronically to City and Caltrans for concurrent review) ▪ Final ACQA for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.11 Relocation Impact Memorandum
It is assumed that less than ten residential structures would be acquired and relocated as part of the proposed project. A Draft Relocation Impact Memorandum (DRIM) will be prepared pursuant to FHWA guidelines/policies to comply with the Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970, as amended, the California Relocation Act, and as described in Chapter 10 of the Caltrans Right-of-Way Manual. With a DRIM document, it is assumed that relocation impacts within the project area are non-complex and adequate relocation resources are available for displaces, which is the assumed situation for the proposed project.

Using aerial photography, 2000 U.S. Census data, windshield surveys, and interviews with local real estate agents, we will identify characteristics of potential relocations, including the number/type of residences.

It is assumed that businesses, farms, and non-profit organizations would not be displaced. In addition, we will identify and evaluate potential relocation resource areas and any difficulties that may arise, if appropriate.

Assumptions
Deliverables Draft Relocation Impact Memorandum
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3.12 Section 4(f) Evaluation
Based on the Section 4(f) De Minimis Finding Report (November 2023) prepared for the originally proposed project, there are four (4) resources subject to protection under Section 4(f) of the U.S.

Department of Transportation Act of 1966. These resources include El Prado Golf Course, Prado Regional Park, Vila Borba Park, and one historic property (P-36-005096/CA-SBR- 5096/Cogstone Point) within the project’s APE.

Consultant will prepare a Section 4(f) De Minimis Finding Report documenting that the project would meet the criteria necessary for a de minimis Section 4(f) finding to apply. It is assumed that no additional resources beyond the four previously identified resources will be identified or evaluated. The Section 4(f) De Minimis Finding Report will be appended to the environmental document and will, as necessary, include measures to avoid or minimize impacts on Section 4(f) resources. Consultant will prepare letters on behalf of the City and Caltrans that will be sent to the officials with jurisdiction over the Section 4(f) properties (with the exception of the cultural resources, which do not require such letters) to obtain their written concurrence that the project would not adversely affect the activities, features, or attributes that qualify the resources for protection under Section 4(f) of the U.S. Department of Transportation Act of 1966; written concurrence from the jurisdictions would be obtained following circulating the draft environmental document for public review and included in the final environmental document.

Assumptions ▪ It is assumed that no additional resources beyond the four previously identified resources will be identified or evaluated.
▪ Documentation beyond a Section 4(f) de minimis evaluation will not be required, and no more than four resources subject to protection under Section 4(f) of the U.S. Department of Transportation Act will be evaluated in the Section 4(f) evaluation which will be appended to the environmental document. ▪ Section 6(f) resources will not be encroached upon by the project and no 6(f) resources will require evaluation.

Deliverables ▪ Draft Section 4(f) De Minimis Finding Report (electronically to City and then to Caltrans)
▪ Revised Draft Section 4(f) De Minimis Finding Report (electronically to City and Caltrans for concurrent review)
▪ Final Section 4(f) De Minimis Finding Report for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.13 Water Quality Assessment Report
Consultant will prepare a Water Quality Assessment Report (WQAR) for the project based on the current Caltrans WQAR annotated outline. The analysis will include the general environmental setting, relevant water quality objectives and beneficial uses, and environmental consequences with the potential to impact water quality including anticipated changes to the physical, chemical, or biological characteristic of the aquatic environment, temporary impacts, and long-term impacts during operation and maintenance. In the event groundwater dewatering is required, it would be conducted on a temporary, short-term basis and would not impact groundwater resources. The water quality analysis is anticipated to be completed via desktop research from available sources of information including hydrologic characteristics of the site, along with engineering information on the existing and proposed impervious A-27
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surface areas and proposed best management practices required by the MS4 Permit.

Assumptions ▪ No fieldwork is required to prepare and obtain approval of the WQAR.

Deliverables ▪ Draft WQAR (electronically to City and then to Caltrans) ▪ Revised Draft WQAR (electronically to City and Caltrans for concurrent review) ▪ Final WQAR for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.14 Phase I Initial Site Assessment
Consultant will prepare an Initial Site Assessment (ISA) report in compliance with the Caltrans ISA Guidance Document. The work will be performed in general accordance with Federal All Appropriate Inquiry (AAI) requirements and ASTM E1527-21 Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process.

The following identifies the tasks to be completed in support of the Phase I ISA:
• Review of information provided by client;
• Site reconnaissance to look for indicators of potential hazardous materials; • Environmental database searches and outreach to various agencies, such as RWQCB, Department of Toxic Substance Control, Department of Health Services, and other City/County agencies that deal with hazardous materials;
• Interviews with those knowledgeable of the parcel/project; • Reviews of selected historical records and mapping including aerial photos and maps, and; • Completing the Caltrans User Questionnaires.

The ISA will include discussions of any recognized environmental conditions or areas of concern pertaining to hazardous materials or petroleum products that could impact the project. The reports will also include site location maps, site visit notes, User Questionnaires, environmental database search reports, historical topographic maps, aerial photographs, and selected photographs from the site reconnaissance. Consultant will also provide recommendations for additional investigation, if warranted.

Assumptions No additional hazardous materials/waste effort, testing, or reporting beyond the ISA is included.

Deliverables ▪ Draft ISA (electronically to City and then to Caltrans) ▪ Revised Draft ISA (electronically to City and Caltrans for concurrent review) ▪ Final ISA for approval (electronically to City and Caltrans for concurrent review and concurrence; assumes no further comments)

3.15 Environmental Document

3.15.1 Draft Environmental Document
The CEQA document for the proposed project will be an Environmental Impact Report (EIR), and the NEPA document for the proposed project will be an Environmental Assessment/Finding of No Significant Impact (EA/FONSI). A combined EIR/EA will be prepared for the project. If the CEQA and NEPA documents need A-28
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to be prepared separately, then this effort is not assumed or included in this scope of work. The EIR/EA format used will follow the annotated outline for combined EIR/EA included on Caltrans SER at the time the EIR/EA document is initiated.

Assumptions ▪ A combined EIR/EA will be prepared for the project; preparation of separate CEQA and NEPA documents for the project is not included. ▪ The U.S. Army Corps of Engineers (USACE) will provide no more than two rounds of review comments on the Draft EIR/EA (EA portion only) before it is approved by the City and Caltrans for public circulation.
▪ No significant impacts will be identified under CEQA that cannot be mitigated to a level that is considered less than significant.
▪ No significant impacts related to vehicle miles travelled (VMT) will be identified and no VMT mitigation will need to be evaluated, identified, or developed. ▪ NEPA/404 integration process will not be required.

Deliverables ▪ Draft EIR/EA (1) (electronically first to City and then to Caltrans for review) ▪ Draft EIR/EA (2) and Comment Response Matrix (electronically to City and Caltrans for concurrent review)
▪ Draft EIR/EA (3) and Comment Response Matrix (electronically to the City and Caltrans for review and concurrence and then forwarding to USACE for review) ▪ Draft EIR/EA (4) and Comment Response Matrix (electronically to City and Caltrans for review and concurrence, and then to USACE for review and concurrence)
▪ Final Draft EIR/EA for approval to circulate and Comment/Response Matrix (electronically to City and Caltrans for concurrent review/confirmation and City and Caltrans approval to circulate; assumes no further comments) ▪ Five hard copies and one electronic (pdf) final Draft EIR/EA for availability (this includes the copies for the availability locations)

3.15.2 Circulate Draft Environmental Document
The following tasks related to public circulation of the Draft EIR/EA will be conducted.

Master Distribution List
Consultant will utilize the mailing/distribution list prepared in consultation with Caltrans and the City and as included in the Draft EIR/EA, for the purpose of publicly distributing the Draft EIR/EA for public review.

Assumptions The distribution list will be comprised of owners and occupants within 0.25 mile of the project.

Deliverables Master Distribution List
Notices Regarding Public Hearing and Availability of DED The Notice of Availability/Notice of Public Hearing (NOA/NPH) will be prepared in English and Spanish.

Since a public hearing is assumed to be held, the notice will also need to be published a second time at least one week prior to the public hearing. The Notice of Completion and Environmental Document Transmittal will also be prepared for submittal to the LCI along with an electronic copy of the Draft EIR/EA.

All submittals to the LCI will be made electronically only via CEQAnet.

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Assumptions ▪ The NOA/NPH will be published in one English and one Spanish newspaper.

Notice will be published twice in each newspaper.
▪ The cost of publication will be paid directly to the newspapers by the City.

Deliverables ▪ Draft and Final NOA/NPH (assumed to be transmitted electronically with no hard copies)
▪ Draft and Final Notice of Completion & Environmental Document Transmittal for submittal to LCI (assumed to be transmitted electronically with no hard copies) Publication and Circulation
Hard copies of the Draft EIR/EA and NOA/NPH will be provided to the availability locations (Caltrans, City, and libraries), digital media containing the document and a hard copy of the NOA/NPH will be provided to other agencies and officials included on the distribution list (and anyone else who specifically requests a copy of the document), and a copy of the NOA/NPH will be provided to property owners and occupants within a 0.25 mile radius of the proposed project.

The Notice of Completion and Environmental Document Transmittal, along with the Draft EIR/EA, will be submitted to the LCI via CEQAnet. The NOA/NPH will be posted at the San Bernardino County Clerk’s office.

Assumptions ▪ A $50 fee has been assumed for filing of the NOA/NPH at the San Bernardino County Clerk’s office.
▪ All submittals to LCI will be electronic only (no hard copies). ▪ Hard copies of the technical studies will not be provided to the distribution locations.
▪ A link to the Draft EIR/EA to be hosted on the City’s website will be included in the notice for anyone that wants to review the document.

Deliverables ▪ Distribution of Draft EIR/EA to availability locations (up to five total locations [i.e., Caltrans, City, and libraries])
▪ Filing of NOA/NPH with San Bernardino County Clerk
▪ Distribution of Draft EIR/EA to LCI (electronic only)

3.15.3 Public Comment Responses
At the close of the public availability period for the Draft EIR/EA, Consultant will review and respond to all comments received. In addition, Consultant will attend a meeting with City and Caltrans staff to review any written comments on the Draft EIR/EA that were received and to discuss potential responses to these comments, if the comments received warrant such a meeting. Otherwise, the comments will be responded to and incorporated directly into the Final EIR/EA.

Assumptions ▪ No comments requiring new or extensive analyses will be received on the Draft EIR/EA or requiring the input of lawyers.

Deliverables ▪ Responses to comments (included in Final EIR/EA)

3.15.4 Public Comment Responses
Working with the PDT the preferred alternative will be identified and documented in the Final EIR/EA. No deliverables are associated with this task as information will be directly incorporated into the Final EIR/EA.

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Assumptions ▪ Selection of the preferred alternative will occur during a PDT meeting; attendance at an additional meeting (e.g., City Council meeting) is not required or included.

Deliverables ▪ Information regarding identification of preferred alternative (included in Final

EIR/EA)

3.16 Final Environmental Document

3.16.1 Final Environmental Document
The EIR/EA will be revised to include the responses to comments received during public circulation, to document the identified preferred alternative, and to document whether any changes to the project have occurred.

Findings
Findings of Fact (Findings) will be prepared in compliance with CEQA. The Findings will be submitted along with, and reviewed by the City with, the Final EIR/EA.

Statement of Overriding Considerations
The Statement of Overriding Considerations, if needed, will be prepared in compliance with CEQA. The Statement of Overriding Considerations will be submitted along with, and reviewed by the City with, the Final EIR/EA.

Public Distribution of Response to Comments
At least 10 days prior to adoption the responses to comments on the Draft EIR (as proposed for inclusion in the Final EIR/EA) will be provided to any agencies that commented on the Draft EIR/EA. It is assumed that no further comments will be provided by the reviewing agencies.

The submittals of the Final EIR/EA are identified below.

Assumptions No submittals beyond those listed below are assumed or included in this scope of work.

Deliverables ▪ Final EIR/EA/FONSI (1) (electronically first to City and then to Caltrans for review) ▪ Final EIR/EA/FONSI (2) and Comment Response Matrix (electronically to City and Caltrans for concurrent review and concurrence and forwarding to the Corps for review)
▪ Final EIR/EA/FONSI (3) and Comment Response Matrix (electronically to the City and Caltrans for concurrent review and concurrence and then to Corps for review and concurrence) (assumes no additional comments) ▪ Final EIR/EA/FONSI and Comment/Response Matrix (electronically to City and Caltrans for concurrent review and City and Caltrans concurrence and City approval to circulate response to comments to commenting agencies) (assumes no further comments)
▪ Electronic (pdf) Final EIR/EA/FONSI for final adoption and approval by the City and Caltrans (assumes no further comments or changes to the document will be required)
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▪ Statement of Overriding Considerations (to be submitted with, and reviewed with, the Final EIR/EA/FONSI)
▪ Distribution of response to comments to commenting agencies (electronically only)

3.16.2 Notice of Determination (CEQA) and Federal Register Notice (NEPA) Notice of Determination
The Notice of Determination (NOD) will be prepared in compliance with CEQA. The NOD will be electronically filed with the LCI on behalf of the City. The NOD would also be posted with the San Bernardino County Clerk. Along with the NOD, a California Department of Fish and Game (CDFG) filing fee would also be filed.

Federal Register Statute of Limitations Notice
Consultant will prepare a notice for publication in the Federal Register by FHWA to start the NEPA statute of limitations. This notice will be prepared in compliance with the SER, and it is assumed that a Draft and Final version of the notice will be prepared, and that coordination and publication of the notice will be the responsibility of Caltrans and FHWA.

Assumptions ▪ The CDFG filing fee will not exceed $4,000. ▪ The fee for filing the NOD with the San Bernardino County Clerk will not exceed $50.

Deliverables ▪ Draft and Final NOD (submitted electronically for review and to the LCI) ▪ Draft and Final Federal Register Statute of Limitations Notice (electronically only) TASK 4 – SUPPORTING STUDIES

4.1 Geotechnical Investigations and Geotechnical Report The Consultant will ensure that all geotechnical conditions within the Project limits that may affect final design and construction are identified and addressed in the design of the Project.

Preliminary Geotechnical Report
Consultant will prepare a Preliminary Geotechnical Report for the project to provide preliminary geotechnical information for the Project Concept Report and Type Selection process. This report will be prepared using the available subsurface data.

Geotechnical Field Exploration
The Consultant will perform soil borings and studies as part of geotechnical field study to obtain detailed information required for design of the Project. According to Caltrans and AASHTO recommendations, a soil boring is required at each bridge support location when the substructure width is less than 100 feet.

The proposed bridge is expected to have 39 supports: two with a span of 40 feet, 27 with spans of 44 feet, and ten with spans ranging from 101 to 145 feet. Based on AASHTO guidelines, a total of 39 soil borings would typically be required for this bridge. To provide a more cost-effective solution for the City, the consultant proposes to drill only 8 soil borings for the shorter spans (i.e., 40 to 44 feet spans). This A-32
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approach will reduce the total number of bridge borings from 39 to 20, while still providing adequate geotechnical information for design. If additional borings are required to satisfy the Caltrans/AASHTO guidelines of a boring per support, or to mitigate potential claims during construction, consultant’s scope and fee will need to be revisited to accommodate the additional borings.

Based on this information, the Consultant’s geotechnical field investigations plan is presented in Table

4.1. The boreholes will be excavated using a truck-mounted or track-mounted drilling rig. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.

Table 4.1. Proposed Soil Boring Information
Design Element Number of
Borings
Approximate Depth
(feet)
Bridge Abutments 2 80
Bridge Longer Spans Bents 10 125
Bridge Shorter Spans Bents 8 80
The consultant will prepare a boring location plan, which will be submitted to the City for review and approval. Once approved, the plan will be used to obtain the necessary well permits, no-fee City encroachment permit and USACE permits.

The Consultant will notify the City at least 48 hours prior to boring operations and work with USACE to obtain the appropriate permits. Immediately after obtaining soil samples, boring holes will be backfilled with non-shrink grout or an alternate material acceptable to the City’s Public Works Department or USACE.

The Consultant will provide all required traffic control measures during geotechnical field work in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices and in accordance with City regulations/ordinances and USACE.

The Consultant will obtain all required permits and utility mark-outs at least 48 hours prior to commencement of any geotechnical field work.

The Consultant will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples shall be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils shall be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the testing laboratory. In addition, the consultant shall obtain three representative soil specimens for scour study: one at 100’ upstream, one at bridge location and one at 100’ downstream. At bridge, specimens shall be collected at 1-2 feet, 5 feet, and 10 feet from a boring. At upstream and downstream, specimens shall be collected using a shovel at a depth of about 1 to 2 feet below the channel bottom.

Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing.

The Consultant will perform various laboratory tests to determine or derive physical and engineering characteristics of soils. Anticipated laboratory tests include: in-situ density and moisture content, grain A-33
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size, Atterberg Limits, direct shear, UU triaxial, consolidation, R-value, and soil corrosion tests. Laboratory tests will be conducted in general accordance ASTM International standards or California Test methods.

Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing shall be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses shall be performed for the project:
▪ Evaluation of seismicity and estimation of Peak Ground Accelerations based on the Caltrans design criteria, and recommendation of an ARS curve for bridge structural design. ▪ Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. ▪ Foundation analysis for bridge and retaining wall.
▪ Assessment of global slope stability.
▪ Evaluation of soil corrosivity conditions and recommendations for mitigation measures. ▪ Design of pavement structural sections in accordance with the Caltrans method.

Geotechnical Report
A licensed Geotechnical Engineer in the State of California will prepare and submit a Geotechnical Report to summarize subsurface results and provide all the geotechnical design and construction recommendations for the project, which will include recommendations for bridge, retaining wall, and pavement structural sections. All comments resulting from the City of Chino review will be addressed by the Consultant and incorporated into final report as necessary.

Assumptions ▪ Geotechnical investigation is allowed between 7 AM and 7 PM on weekdays. ▪ No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, work will immediately be terminated and the City will be notified.
▪ For the abutments and shorter span bents, the boring depths are based on small diameter piles (24-inch or less).
▪ No permit fee was assumed for encroachment permits. $8,000 was allocated for San Bernardino County well permit fee.
▪ No recommendations for sound walls, overhead signs, and soil infiltration rates. ▪ No site-specific ground motion analyses
▪ Site-specific traffic control plans are not required; CA MUTCD will be used for traffic control plans.
▪ Boring locations will be patched with rapid set concrete with black dye to replace asphalt that is removed by excavations; no hot mix/sawcut repair. ▪ No pavement rehabilitation recommendations.
▪ Design support during construction is not included.

Deliverables ▪ Preliminary Geotechnical Report
▪ Boring Location Map
▪ Log of Test Borings
▪ Draft/Final Geotechnical Report
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4.1.1 Biological Resources Memorandum
Consultant will prepare a brief Biological Resources Memorandum which will summarize pertinent information from the NES prepared for the project; this memorandum will support the CEQA Categorical Exemption for the geotechnical borings.

Assumptions ▪ No additional surveys beyond those conducted for the project’s NES are assumed or included.
▪ A CDFW Section 2081 Incidental Take Permit (ITP) is not assumed or included.

Deliverables ▪ Draft and Final Biological Resources Memorandum (electronic only)

4.1.2 Cultural Resources Memorandum
Consultant will prepare a brief Cultural Resources Memorandum which will summarize pertinent information from the HPSR prepared for the project; this memorandum will support the CEQA Categorical Exemption for the geotechnical borings.

Assumptions ▪ No additional studies beyond those prepared for the project’s HPSR are assumed or included.
▪ Borings will not be located on properties with identified cultural resources. ▪ No SHPO consultation will be required.
▪ No Native American consultation will be required beyond that conducted for the Pine Avenue Connector/Bridge project.

Deliverables ▪ Draft and Final Cultural Resources Memorandum (electronic only)

4.1.3 CEQA Categorical Exemption
Consultant will support the City to prepare the Notice of Exemption (NOE) form for the City’s filing with the County Clerk and LCI.

Assumptions ▪ The City will file the NOE with the County Clerk and LCI. ▪ The City is responsible for paying the County Clerk filing fee.

Deliverables ▪ Draft and Final NOE Form (electronic only)

4.1.4 NEPA Environmental Assessment
Consistent with the process that was implemented during the Pine Avenue Extension project, it is assumed that the U.S. Army Corps of Engineers (USACE) will require the preparation of an Environmental Assessment/Finding of No Significant Impact for the geotechnical borings that are performed and that the Corps will be the NEPA lead agency for this effort. This will require meeting/coordinating with USACE, preparing a short form NEPA Environmental Assessment (EA) for conducting the geotechnical borings on USACE-owned property. Consultant (i.e., up to two staff) will attend up to four (4) meetings with USACE to confirm the format and content of the NEPA EA, and to address comments provided on the Draft and Final EA. It is assumed that the short form EA that is required will be limited to just the EA short form, will utilize information developed for the technical studies, and will not be prepared until the technical studies for the Pine Avenue Connector/Bridge project have been completed. The level of effort shown is estimated based on what is known at this time. If additional effort is required for USACE A-35
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involvement/activities then this will be communicated to the City and a scope of work and cost estimate for this additional effort will be provided before Consultant begins that work. In addition, if the borings need to move forward prior to approval of the technical studies and then preparation and approval of the EA/FONSI by USACE then this would be considered out of scope and a separate scope and cost for this effort will be provided to the City for approval prior to conducting this work.

Assumptions ▪ Borings will not need to conducted before the EA/FONSI can be prepared and approved after the technical studies have been approved for the Pine Avenue Connector/Bridge project.
▪ A full NEPA EA will not be required; only a short-form EA is assumed and included.
▪ USACE will provide two rounds of review comments before approving the Draft EA.
▪ USACE is responsible for circulating the Draft EA for public review. ▪ No detailed analyses or evaluations will be required beyond those included in the approved technical studies for the Pine Avenue Connector-Bridge project. ▪ Any notice publication, if required, would be coordinated by the Consultant and the publication would be placed and paid directly to the newspaper(s) by the City.
▪ No public meeting(s)/hearing(s) are assumed or included. ▪ No comments will be received on the publicly-circulated Draft EA that will require studies or analyses beyond those prepared for the proposed project as part of the approved technical studies and no updates to the previously prepared studies and analyses will be required.
▪ USACE will provide no more than two rounds of review comments on the final EA/FONSI before approving the final EA/FONSI.

Deliverables ▪ Draft and Final short form NEPA EA (electronic only)

4.2 Hydraulic / Hydrology Analysis
A Hydraulics/Hydrology Study shall be prepared summarizing the findings and proposed drainage improvements/impacts to the area. In addition, the Consultant shall identify potential storm water quality impacts and develop options to avoid, reduce, or minimize the potential for storm water quality impacts.

The Consultant shall incorporate into its design Low Impact Development (LID) Best Management Practicesto mitigate any identified impacts. Drainage areas and total disturbed areas shall be defined, as will climatic conditions, existing drainage conditions, site permeability, soil texture, existing vegetation, and groundwater.

The Reservoir Operations of the USACE Los Angeles District is anticipated to require the preparation of a Hydraulic Impact Memorandum to demonstrate that the embankments and improved crossings will allow water to backflow in the reservoir without impediment. The legacy two-dimensional (2D) hydraulic model that was prepared and reviewed by ACOE Los Angeles District is not compatible with the newer versions of HEC-RAS and the integration of long span bridges. An updated hydraulic model needs to be built using the legacy model and the most recent model for the Euclid Avenue bridge.

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The proposed improvements are assumed not to impact the reservoir operations, including the federal project on the Santa Ana River Mainstream. The consultant shall prepare a two-dimensional (2D) hydraulic analysis to identify potential backwater and storage effects within the basin from 1,000 linear-feet downstream of the Euclid Ave bridge to the Chino Creek Levees. The 2D hydraulic analysis will also include the proposed improvements at Euclid Avenue for consistency. A one-dimensional (1D), steady-state, bed adjustment analysis shall be performed to determine if increased deposition or excessive scour will occur with the proposed design.

Coordination with the Hydraulic Group of ACOE Los Angeles District is anticipated to obtain consensus on the bridge geometry and support the issuance of the 408 Permit.

Consultant shall update the existing Location Hydraulic Study Report for review and approval by Caltrans.

The update shall define the updated scope of work and alternatives of this new alignment versus the original 2018 alignment and identify mitigation alternatives to floodplain encroachment.

Assumptions Advanced studies will focus on the preferred alignment selected by the City.

Deliverables ▪ Preliminary and Final Hydraulics / Hydrology Study ▪ Caltrans Local Hydraulic Study
▪ USACE – No Regional Adverse Impact Memorandum

4.3 Borrow Site(s) Studies
With a bridge design there should be limited soil import, but there will be some. A borrow site was identified from the previous Pine Avenue Connection project which is an attachment. Based on the 30% conceptual design, a certain number of cubic yards of soils will be required for the project. The extent of field investigation that will be required at each borrow site will depend on the amount of fill required.

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The consultant will investigate borrow sites and perform laboratory testing to determine moisture density of the in-situ soils, expansion potential, corrosivity, gradation, Atterberg limits, and modified proctor. Data obtained from the field investigation and laboratory will be evaluated and recommendations will be developed regarding the suitability of the proposed borrow sites material for use as potential fill at some limited locations.

Consultant shall prepare an earthwork volume analysis and exhibit for potential roadway embankment to assess the volume of displacement within the Prado Dam inundation area and coordinate with the City of Chino, City of Chino Hills, OCFCD, USACE, SBCTA, & Caltrans on identifying appropriate borrow areas within the Prado Dam inundation limits to offset the resulting displacement. Earthwork volume analysis and exhibit of the proposed borrow areas will also be prepared by the consultant. Consultant shall assist in the process through OCFCD and USACE for approval of the proposed volume balance plan and permit issuance.

Assumptions ▪ This scope assumes that geotechnical data / lab testing obtained for the borrow site during the prior phase of the Project can be reused for this this phase. ▪ One (1) round of revisions to the Borrow Site Report is anticipated.

Deliverables ▪ Borrow Site Report
▪ Earthwork Volume Analysis
▪ Borrow Site Areas Exhibit
▪ Borrow Site Grading Plans

4.4 Water Quality Management Plan (WQMP)
Consultant shall prepare and submit for review a preliminary and final water quality management plan (WQMP) per State of California - Santa Ana Regional Water Quality Control Board guidelines. The WQMP will be per the Transportation Project BMP Guidance and Template, which includes site design Best Management Practices (BMPs) and Low Impact Development (LID) BMPs to the maximum extent practicable based on the EPA Green Streets Guidance. The P-WQMP will include a conceptual grading plan, preliminary drainage report, preliminary geotechnical report., include the owner's certification, a detailed narrative of BMP implementation, and responsibilities for maintenance and inspection.

The Final WQMP will build upon the approved P-WQMP, and the F-WQMP will require recording through the County Clerk-Recorder’s Office.

Assumptions The implementation of BMPs will be per the Transportation Project BMP Guidance and Template.

Deliverables ▪ Preliminary Water Quality Management Plan ▪ Final Water Quality Management Plan (Three (3) hardcopies and one (1) electronic (Adobe PDF))
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TASK 5 – ENVIRONMENTAL PERMITTING
Consultant shall determine whether the project will require a USACE Individual Permit, or a Nationwide Permit based on the project impacts which will be determined by the Consultant at the 90% Conceptual Design of the Project.

1. Pre-Application Consultation with Agencies
Consultant shall initiate contact with the concerned agencies (USACE, CDFW, and the Regional Water Quality Control Board) to provide preliminary project information, solicit concerns, potential mitigation options, and discuss the requirements and timing associated with the regulatory permits. All effort will be made to conduct the pre-application consultation at a project site meeting. However, depending upon resource agency staff workload and availability, such contact may consist of a virtual meeting and written communication. It is assumed that three (3) virtual meetings will be required.

2. Determination from the Consultant & Required Permits Based on the determination by the Consultant, the specific permitting will be prepared for either the Nationwide or Individual Permit for the Project. The latest/current permits that will be prepared by the consultant based on their determination will include: Section 408 permissions for all modifications to the Congressionally authorized and constructed USACE project, Section 404 Permit Notification, Section 401 Water Quality Certification, CDFW Lake and Streambed Alteration Agreement, CDFW Section 2081 ITP, CWA 404(b)(1) Guidance Memorandum, Jurisdiction Delineation, draft Mitigation Plan, CRAM Memorandum, Phased Cultural Resources Reporting, Environmental Sensitive Area Action Plan/Monitoring & Discovery Plan, Finding and Effect and Phased Identification Plan, Tribal Consultation, and other potential documents necessary to secure permitting as determined by the consultant.

3. Coordination Processing
The resource agency notifications will be coordinated with USACE Los Angeles District, Santa Ana RWQCB (Region 8), and CDFW Inland Deserts Region (Region 6) throughout processing to ensure that any potential issues are made known to the project team and resolved at the earliest possible opportunity.

Additionally, as the project area is within and immediately adjacent to USFWS designated critical habitat for LBVI and as LBVI are known to occur within the project area, coordination and consultation will be held with USFWS. Coordination may include telephone, e-mail, virtual meetings, or written correspondence, or in person meetings with the agencies.

It is assumed by the City that up to four rounds of reviews and comments will be required by the reviewing agencies. It will be the responsibility of the consultant to prepare the path moving forward during the 90% design phase of the Project. Please note a CEQA Notice of Determination will be required before the final Streambed Alteration Agreement and Water Quality Certification can be issued for the project.

4. Permit Application Fees
The City will be responsible for any fees associated with the permits.

Assumptions ▪ At the time of proposal submittal, it is assumed the project will require a Section 404 Nationwide Permit (NWP) #14 – Linear Transportation Projects and that the project will result in less than 0.5 acre of impacts. This assumes the project will not change its limits, proposed activities, etc., beyond those permitted under NWP #14.

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▪ Currently issued NWPs will expire on March 14, 2026.

Deliverables Draft and Final applications/reports to secure the proper permits and permissions per the 90% Design Plan determined by the Consultant.

TASK 6 – PUBLIC OUTREACH
The Consultant shall coordinate all Pre-Design and Design-Phase Public Outreach efforts for the Project, which includes developing and implementing a public outreach plan. Public input will be an integral part of the Project, and the Consultant will oversee and direct outreach efforts and communications with a variety of audiences during this process, including residents, business owners, interest groups, neighborhood groups, and other stakeholders. Efforts may include developing and maintaining a project website, hosting community meetings, resident meetings, conducting community assessments, hosting design charrettes, and other related public outreach efforts.

Consultant shall develop a stakeholder list for contracting the public regarding meetings, and project updates. The Consultant will assist with scheduling and hosting public meetings both in Chino and Chino Hills, preparing and distributing notices, receiving and summarizing public comments, and distributing environmental documents during public review periods. The Project will require a CEQA Environmental Impact Report (EIR). The Consultant will assume participation in the following key EIR milestones:
a. Notice of Preparation
b. Scoping Meetings
c. Notice of Completion / Notice of Availability, and Public Circulation of Draft EIR and Final EIR d. Public Hearing(s)
e. Final EIR/EA
All public outreach efforts for the environmental phase shall comply with CEQA/NEPA requirements.

The Consultant shall facilitate stakeholder/community engagement activities. Activities may include a combination of community “pop-up” events, in person surveys, and traditional workshops. Two standalone community workshops may be required depending on initial community feedback.

Consultant shall attend Infrastructure Committee Meetings, Planning Commission Meetings, and City Council Meetings. The consultant will develop key messaging and collateral, consistent with City branding, such as posters, postcards, flyers, social media, and survey questions, to solicit participation and input as part of the engagement process for the EIR.

Consultant shall develop and host a website for the project while working closely with the City of Chino Public Outreach team. The project may have a direct link from the City’s homepage or a separate page from the City of Chino’s website, and a separate domain name may be utilized.

Consultant shall prepare Fact Sheets and Frequently Asked Questions (FAQ) to include on the website, and for use at briefings, presentations, meeting and events. Materials shall be prepared in English, Spanish, and Mandarin. Multilingual translation at meetings and of collateral material to be provided by Consultant, and final translation to be approved by the City.

Final approval of material will be determined by the City of Chino. Collaboration will be required with A-40
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other agencies such as City of Chino Hills, Caltrans, USACE, and SBCTA. The Consultant will host a community meeting, along with City staff prior to construction to update the public on the design features, anticipated construction staging, and other elements. Consultant will work closely with the City team for a groundbreaking ceremony as the project begins.

Assumptions ▪ Costs for implementing the groundbreaking ceremony are not included in the proposed budget
▪ Electronic surveys (up to 2) will be conducted as part of existing notification campaigns
▪ Participate in up to 10 community engagement events (pop-ups) and up to two online surveys
▪ Support at City Council (12) and Committee Meetings (12) ▪ Conduct large engagement forums at major environmental/project milestones – up to 3 per round; 2 in-person, 1 virtual
• Public scoping meetings
• Community workshops
• Public hearings
• Final Design Open Houses
Deliverables ▪ Public Outreach Plan (draft and final)
▪ Stakeholder/contact database (with regular updates)
▪ Comment/inquiry log and engagement log
▪ Collateral materials (fact sheet, FAQ), trilingual (English, Spanish and Mandarin) ▪ Project website (develop/update) and social media content calendar ▪ Work plans for major environmental milestones (NOP, Draft EIR/S, Final EIR/S) and other major engagement campaigns (workshops and open houses) ▪ Multilingual materials and notifications (mail, e-blasts, print ads, social media) ▪ Video recordings of virtual meetings
▪ Outreach summary reports
▪ Outreach plan to support a future groundbreaking ceremony A-41
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TASK 7 – TOPOGRAPHIC AND BOUNDARY SURVEYS
The Consultant shall conduct topographic and boundary surveys for all properties within the Project area.

The boundary survey shall establish ties to the SR-71 and Pine Avenue Interchange right-of- way and nearest established survey boundary markers and shall include the elevations, the locations of all rightsof-way, utility and other easements, and other encumbrances, and building locations and setbacks from all property lines. The topographic survey shall identify and map the contours of the ground and existing features on the surface of the earth or slightly above or below the earth's surface (i.e. trees, buildings, streets, walkways, manholes, utility poles, retaining walls, etc.).

It should be noted that prevailing wages will apply for certain professional services such as land surveying (flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils, or foundation investigations, environmental hazardous materials and so forth per the requirements of California State Prevailing Wage.

Other considerations include:

1. All boundary line data shall include all distance, bearing, delta, and other necessary information for all properties within the Survey Area.

2. General building outlines and locations shall be depicted with building setbacks by bearing and distance from each major corner.

3. Properties which abut with SR-71 Interchange at Pine Avenue shall be properly identified, showing distance to the nearest known datum point along the right-of-way.

4. Surveys shall be plotted using AutoCAD (latest version) and provided in a .dwg file format readable by the City’s Public Works Department’s (PWD) AutoCAD system. Boundary 9 lines, grade elevations, rights of way, easements, contours, and building locations shall be in separate layers.

5. Surveys shall be completed in accordance with all requirements of the San Bernardino County Registrar-Recorder/County Clerk’s Office, and suitable for recording. The City’s preferred data projection and datum is the National Geodetic Vertical Datum of 1929 (NGVD29).

6. It is assumed that Caltrans “ABC” mapping requirements shall apply to this project. Consultant will notify agency if this is not a requirement which can be removed from the scope.

1. Review of Existing Plans, Studies, and Other Relevant Documentation The Consultant, with assistance of the City, shall assemble all available information and reports pertaining to the Project including utility information, aerial maps, survey and right-of-way data, geotechnical reports, traffic analysis, environmental and biological studies, and any additional pertinent information for the Project to develop preliminary engineering. The Consultant shall provide a list of all other reports, plans, studies, documents and information that are needed for the design of the Project. The City will provide copies of all records that are available at the City. For all other records needed for the design of the Project, the Consultant shall be responsible for researching existing reports and obtaining and reviewing all pertinent Project-related data needed to prepare a complete PS&E package.

2. Field Surveys
The Consultant shall review existing utilities and improvement plans and conduct a visual field survey to review and record existing conditions in the Project study area to identify any unusual or special conditions that may affect the Project design or construction. This shall include an inventory of existing A-42
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facilities, including but not limited to roadways, irrigation, USACE and flood control facilities, utilities, drainage, and existing land use including general land parcel information along the project corridor including City-owned, State-owned, USACE-owned, Chino Hills-owned, OCFCD-owned, and private land parcels in the Project area.

Assumptions
Deliverables ▪ Documentation of pertinent information including photographs, mapping, schematics, field notes, as-built plans, and other required information ▪ Aerial Topography (CAD)
▪ Record Right of Way Base Map (Based on Record Data) (CAD and PDF) ▪ Field Cross Section Street Survey (CAD)
▪ Final Record of Survey Map (CAD and PDF)
TASK 8 – RIGHT OF WAY ENGINEERING / APPRAISALS AND ACQUISITIONS To acquire all necessary property and easements needed for the project, including license agreements with USACE for use of their flood control right-of-way, and right-of-way certifications with Caltrans, the Consultant shall obtain all existing property ownership information needed to complete the design of this Project and complete right-of-way and easement acquisition documentation needed to construct the proposed bridge. The Consultant shall obtain copies of Title Reports and other pertinent data, and coordinate with staff from public agencies and property owners in preparation of final right-of-way documentation. The final documentation shall identify all affected parcels and their owners and describe additional right-of-way or easements necessary to construct the proposed improvements. Specific tasks include:

1. The Consultant shall coordinate with USACE to finalize the easement or license agreements required to encroach, construct, and maintain the Project within USACE right-of-way.

2. The Consultant shall prepare legal descriptions and plats of all right-of-way acquisitions or easements needed for completion of the proposed improvements.

3. The Consultant shall appraise all properties where additional right-of-way or easements are required to construct the proposed improvements.

4. The Consultant shall negotiate with property owners to obtain additional right-of-way, easements, or “Right-of-Entry” agreements to construct the proposed improvements.

5. The Consultant shall process and record all agreements, deeds, easements, “Right-of-Entry”, and other property-related documentation.

6. The Consultant shall coordinate with the City, Chino Hills, USACE, and Caltrans to establish a uniform operation and maintenance program for the Project.

7. The Consultant shall also be responsible for the timely preparation and submittal of all required Caltrans forms and obtaining written authorization from Caltrans (E-76) to proceed with the rightof-way acquisition phase to secure any necessary right-of-way for the Project.

8. If required, the acquisition process shall be conducted in accordance with Caltrans procedures, the California Civil Code, and any applicable laws. Appraisals shall be conducted in conformance A-43
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with the Uniform Standards of Professional Appraisal Practice (USPAP) and Uniform Act requirements. Each appraisal shall include an independent formal appraisal review.

9. Consultant shall coordinate with the City on acquisition offer packages and negotiate in good faith to reach an acceptance of the offer. A condemnation action may be recommended should negotiations reach an impasse. Consultant assumes that no Resolutions of Necessity will be required for this project.

Assumptions ▪ Prepare Right-of-Way Data Sheets (Caltrans Exhibit 17-EX-21) for up to 2 build alternatives
▪ All files will be provided as one (1) electronic file (Adobe PDF) copy and one (1) electronic file copy in original file format
▪ Preparation of up to nine (9) appraisal reports
▪ Conduct up to nine (9) appraisal reviews
▪ Transmit up to nine (9) executed documents (Agreements and Deeds/Easements) Deliverables ▪ Survey field notes
▪ Right-of-Way requirements mapping
▪ Right-of-Way data sheets
▪ Legal descriptions and plat maps for all acquisitions and necessary easements ▪ Right-of-Entry agreements
▪ Calculation sheets, research records, a record-of-survey, and all necessary exhibits to complete an authorization to proceed into ROW phase (E-76) ▪ Appraisal reports
▪ Appraisal reviews
▪ Agreements and Deeds/Easements
TASK 9 – UTILITY COORDINATION AND RELOCATION
The Consultant shall coordinate with all potentially affected utility companies within the Project limits to ensure that all existing facilities, both underground and overhead, are identified accurately during the final design phase. The Consultant shall coordinate efforts with these resource agencies, to the extent needed, to prepare the PS&E package.

The Consultant shall review the preliminary utility survey and plans completed during the preliminary engineering phase for the Project to verify that all affected utilities including, but not limited to water, electric, gas, communication, storm drain, and sewer utilities have been identified within the Project limits.

The Consultant shall address any utility conflicts by modifying the design of the improvements or designing any required utility relocations, if the relocation is not covered by a franchise agreement. The design for any utility relocation shall conform to the standards of the utility owner. If utility relocations are necessary for the Project, the Consultant shall also be responsible for timely support of the City’s preparation and submittal of all required Caltrans forms and obtaining written authorization from Caltrans (E-76) to proceed with utility relocations.

Research should include both a field review/field work and review of available as-built drawings and encroachment permits for the Project area. The results of this review shall be a final database of utility records indicating type of utility, owner, drawing number, and other relevant information. Consultant shall A-44
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also prepare a final base utilities map of the Project area showing locations of all existing utilities including size and depth where applicable.

1. Utility Coordination: Develop a preliminary utility database/matrix and base map indicating any major utilities including national-trunk fiber-optic telecommunications, oil lines, and (reclaimed) water lines. The Consultant shall coordinate with all the affected utility companies and governmental agencies to obtain precise horizontal and vertical locations of their existing facilities. Said information shall be clearly shown and noted on the plans and taken into consideration for the final design for the project.

The Consultant shall keep accurate records of all correspondence with affected utility companies and governmental agency representatives. During the 30% design and layout, utilities shall be identified which may require relocation or adjustments. The City anticipates impacts to an Edison tower located east of SR-71, SCE power poles along Pine Avenue, and SAWPA lines. Consultant shall prepare and send Relocation Letters to utility owners as necessary, coordinate and plan meetings with the utility owner, design team, and the City as needed to discuss the project design, the utility conflicts, and design relocation alternatives.

Consultant shall send Letters of Project Notification to request facility maps and system information including property rights for utilities and substructures. City shall provide list of utilities and contact information. Consultant shall plot existing facilities on a base map and determine conflicts and relocation options and any interim relocations that may be required during construction. Consultant shall submit grading, and improvement plans for affected utilities for their use in relocation design. Consultant shall identify easement impacts and required new easements, if any. Consultant shall coordinate to obtain final relocation plans and agreements.

The coordination by the consultant will include the relocation of 66Kv lines, 12 Kv lines, AT&T, CATV, SCG, and the SCE Transmission Tower. Consultant shall send Letters of Project Notification and request facility maps and system information including property rights. Consultant shall plot existing facilities on a base map to include all the necessary information. Consultant shall request engineering fees from the various utilities and coordinate payment for the City. Consultant shall meet with the appropriate real estate groups to discuss project and probable conflict with facilities and impacts to existing facilities. Consultant shall perform the necessary topographic survey to obtain elevation data as required by SCE to perform necessary sag calculations.

Consultant shall submit grading, and improvement plans to the various utility companies during the stages of design submittals to coordinate with the various utility teams and City for required/requested modifications.

2. Utility Location / Depth Verification: To significantly reduce the risk of loss of property, damage, and injury associated with contacting or cutting underground utilities, the Consultant shall perform utility excavations (methodologies include potholing or Electronic Depth Verification), to confirm that the location and depth of affected utilities are correctly identified for final design and to avoid conflicts during construction. Dig Alert shall also be contacted to mark utility alignment in the field prior to any subsurface activity.

The Consultant shall identify all critical utilities (if any) that should be potholed or verified via Electronic Depth Verification (conductive/inductive locating). Potholing work shall be conducted by the Consultant, or coordinated through a licensed sub-consultant whose area of specialty is potholing utilities. The Consultant shall work with the City’s Project Manager and individual utility owner(s) to identify which utility companies will conduct their own potholing activities.

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The Consultant shall determine the precise horizontal and vertical location of each utility that is potholed.

This list of required potholes and the schedule to commence work shall be coordinated with the individual utility owner(s) and shall be approved in advance by the City’s Project Manager. Coordination and permits with USACE will also be required as part of the exploratory process. The Consultant shall notify the City at least 48 hours prior to potholing utilities and coordinate with USACE as necessary. Immediately after determining the precise location and depth of the utility, potholes shall be backfilled with non-shrink grout or an alternate material acceptable to the City’s Public Works Department or USACE.

3. The Consultant shall coordinate with City and other public and private service providers regarding traffic control and staging of construction and other field work. The Consultant shall also coordinate and cooperate with the City and all affected utility companies for their design of utility and relocations, and possible undergrounding of overhead utilities. The Consultant shall incorporate design and approval timelines needed by utilities to ensure Project milestones are met. The Consultant or sub-consultant(s) shall provide all required traffic control measures during excavation work in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices. The Consultant shall submit a report listing all the information obtained during potholing of existing utilities. The pothole information shall be shown on a map in plan and profile views. The report shall list the impact on the current 30% design and later design phases for the Project and recommend any necessary changes to the design or utility. The Consultant shall indicate all utility work on the plans and in the specifications. The Consultant shall also provide copies of the plans and/or in digital format if requested by the utility companies.

4. Consultant shall provide plans and work closely with the City and SAWPA for the relocation of the SAWPA brine line if the proposed bridge columns impact the brine line. A Design survey will be necessary to identify the location of the brine line, manholes and inlets. Dipping of manholes will be required. Legal descriptions will be required and prepared by the consultant for new easements if deemed necessary.

Consultant will assume 30%, 60%, 90%, and 100% designs to be submitted to SAWPA for their review along with an engineer’s estimate, and technical specifications based on SAWPA recommendations.

Consultant expects to attend meetings between the City and SAWPA.

Assumptions If relocation of brine line is required, participate in up to eighteen (18) meetings between the City and SAWPA
Deliverables ▪ Final Utility Database and Base Map
▪ Electronic file (Adobe PDF) copy, and an electronic file copy in original file format shall be provided if different from PDF
▪ Approved and accepted Caltrans Exhibit 13-B (Right-of-Way Certification) or equivalent required Caltrans forms
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TASK 10 – 30% SUBMITTAL (PRELIMINARY ENGINEERING / CONCEPTUAL LAYOUTS) Conceptual Design, Layout, and Cross Sections:

Based upon the project description and potential alignment, Consultant will prepare a conceptual design for the Bridge Design and connection improvements. Basic geometric treatments will be identified for all relevant street crossings, connections, and driveways to the Bridge Project. This conceptual design will be used to identify any environmental and utility impacts, and talking points with Caltrans, SBCTA, Chino Hills, IEUA, SAWPA, SCE, and the El Prado Golf Course. The conceptual design will be crucial to work the details with the El Prado Golf Course for specific grading, landscape designs, possible relocation of golf course amenities, and access to the golf course. Coordination with Chino Hills Staff, the community, USACE for the conceptual design, right-of-way easements or potential acquisitions, and plan reviews for Pine Avenue and the connections for Fairfield Ranch Road/Pomona Rincon Road, El Prado Road, and the El Prado Golf Course entrance will be crucial. Maintaining access for SCE and SAWPA will be important for their operations and maintenance of existing facilities in the area. Consultant shall provide concepts to keep viable options open for these utilities.

Consultant shall perform ground design topographic surveys including, edge of traveled way surveys, topographic surveys, topographic surveys of areas obscured to aerial photography, existing edge and join condition locations and existing drainage invert surveys. Coordination with Caltrans to acquire required encroachment permits for survey work at the Pine Avenue and SR-71 interchange and on SR-83 (Euclid Avenue) if relinquishment has not been finalized. Limits of survey include Pine Avenue from the intersection of SR-83 (Euclid Avenue) to the intersection of SR-71.

Preliminary Design and Cost Estimate:

Consultant shall prepare a Type Selection Report and preliminary design (30%) drawings for the Project.

Design will conform to Caltrans Highway Design Manual for Bicycle Facilities, California Manual on Uniform Traffic Control Devices, and other requirements. Structural design elements shall consider requirements of relevant agencies. Consultant shall prepare a Project cost estimate based on the Project drawings and other investigations and studies, broken down by major cost elements for final design, right-of-way, construction, and construction management. Consideration should be given to unique construction staging requirements and requirements of outside agencies. Consultant shall prepare a base street geometric exhibit depicting the conceptual layout of the proposed roadway, proposed bridge structures, utilities and drainage facilities. Review the conceptual street geometric exhibit with the City of Chino, City of Chino Hills, SBCTA, and Caltrans and obtain approval of the proposed alignment prior to starting detailed design.

Consultant shall develop preliminary roadway plans and profiles, utilize truck turning templates to verify corner radii at existing and proposed intersections between SR-71 and SR-83 (Euclid Avenue), perform sight distance analysis for roadway horizontal and vertical alignments, work closely with Chino, Chino Hills, and SBCTA on the appropriate design speed for the bridge project, rough grading, drainage plans, hydrology and hydraulic analysis, proposed traffic signal and interconnect design, striping layouts, utility relocations, and lighting plans will all be considered during this phase of the conceptual design.

Consultant shall perform preliminary engineering to establish a project base drawing and to calculate required hydrology and hydraulic information. Limits include Pine Avenue from the intersection of SR-83 (Euclid Avenue) to the intersection of SR-71. Consultant shall collect existing data as available to aid in the development of the base maps. Data collection will include as-builts of Pine Avenue, SR-71, and SRA-47 344

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83 (Euclid Avenue), related reports and mitigation reports previously prepared for the original project.

Rendering:

Consultant shall prepare rendering of the Project to share with stakeholders and the community.

Assumptions It is assumed that the traffic signal at SR-71 and Pine Avenue southbound ramps is not included as part of this scope.

Deliverables ▪ Type Selection Report
▪ 30% Design Drawings (i.e. General Plan and Foundation Plan) ▪ Exhibits of the proposed concepts
▪ Preliminary cost estimate
TASK 11 – 60% SUBMITTAL (PLANS AND COST ESTIMATES – P&E) Based on the work from the previous 30% preliminary engineering phase, and upon review and approval of the same by the City, the Consultant shall prepare and submit 60% design plans and updated cost estimates (value engineered) to produce refined estimates of probable construction costs for all segments of the proposed Project.

On all federal-aid construction projects, current regulations require that steel and iron used be made in the United States. All foreign steel and iron materials are covered by the “Buy America” provision regardless of percentage of steel in the manufactured product.

All required permit documents shall be close to completion and submitted or coordinated by this stage of the design. The Consultant shall assist the City to prepare and obtain all necessary regulatory permits required for construction, i.e., Notice of Intent for State Water Quality Control Board compliance, etc.

As part of the 60% design submittal to the City, the Consultant shall schedule a PDT meeting to present the draft 60% design to Project stakeholders for review and comments. After the Consultant receives comments from the stakeholders (PDT) on the 60% design submittal, the Consultant shall respond to comments initially (within two weeks of receiving them) and incorporate comments as part of the 90% submittal.

Consultant shall prepare 60% Roadway, Drainage, Traffic, Miscellaneous Plans, Special Provisions, the Engineer's Estimate and reports for review by the Cities, SBCTA, Caltrans, and USACE. The title sheet for specifications and reports, and each sheet of plans, will bear the professional seal, signature, certificate number, registration classification, expiration date of the certificate of the professional engineer responsible for their preparation. The approved PS&E package will include the following drawings and documents:
▪ Title Sheet
▪ Typical Sections/General Notes
▪ Key Map Index Sheet
▪ Roadway Plan/Profile Sheets
▪ Survey Sheets
▪ Construction Details Sheets
▪ Storm Drain Plan/Profile Sheets
▪ Grading Plan Sheets
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▪ Bridge Structural Sheets
▪ Utility Sheets
▪ Traffic Signal and Interconnect Sheets
▪ Street Lighting Sheets
▪ Signing and Striping Sheets
▪ Landscape Plans
▪ Irrigation Plans
▪ Special Provisions
▪ Preliminary Engineer's Estimate
▪ Water Quality Management Plan
▪ Erosion Control Plan
▪ Construction Schedule
Assumptions ▪ It is assumed that the traffic signal at SR-71 and Pine Avenue southbound ramps is not included as part of this scope.
▪ All copies of the drawings will be electronic files (Adobe PDF) copies ▪ All other documents will be electronic files (Adobe PDF) and one (1) electronic file copy in original file format
▪ The City of Chino and the City of Chino Hills are assumed to be the members of the PDT who will comment on the design submittals. This scope assumes that Caltrans and SBCTA will not provide formal comments on design submittals.

Deliverables ▪ Response matrix addressing comments from the 30% design submittal ▪ 60% Design Drawings
▪ 60% Engineer’s Estimate
▪ Special Provisions
▪ Water Quality Management Plan
▪ Erosion Control Plan
▪ Construction Schedule
TASK 12 – 90% SUBMITTAL (PLANS, SPECIFICATIONS, AND COST ESTIMATE – PS&E) The Consultant shall address all relevant items in the Local Assistance Procedures Manual (LAPM) and adhere to all federal, state, and local requirements, regulations, guidelines, and standards for the PS&E package.

After the Consultant receives comments from the stakeholders (PDT) on the 90% design submittal, the Consultant shall provide comment responses and incorporate changes as part of the 100% submittal.

Assumptions ▪ It is assumed that the traffic signal at SR-71 and Pine Avenue southbound ramps are not included as part of this scope.
▪ All copies of the drawings will be electronic files (Adobe PDF) copies A-49
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▪ All other documents will be electronic files (Adobe PDF) and one (1) electronic file copy in original file format
Deliverables ▪ Response matrix addressing comments from the 60% design submittal ▪ 90% Design Drawings
▪ 90% Engineer’s Estimate
▪ Special Provisions
▪ Water Quality Management Plan
▪ Erosion Control Plan
▪ Construction Schedule
TASK 13 – 100% SUBMITTAL (PS&E PACKAGE)
Once the City receives the final 90% design submittal, the Consultant shall schedule a meeting with the City (and PDT members to review the revisions on the final 90% design submittal package). Following this review session(s), the Consultant shall prepare the 100% PS&E Package.

The Consultant shall comply with Chapter 12 of the latest Caltrans Local Assistance Procedures Manual (LAPM), including timely support of the City’s preparation and submittal of all required Caltrans forms and obtaining written authorization from Caltrans (E-76) to proceed with construction.

The Consultant shall also ensure that all design calculations, deliverables, and other works are independently verified to ensure accuracy. An independent set of structural calculations will be required.

All exhibits, plans, and reports should be checked, corrected, and backchecked for accuracy and completeness.

The PS&E must be certified prior to submission to Caltrans. The Consultant shall assist the City in certifying the Project PS&E for compliance with all applicable federal and state regulations and procedures. A preliminary “PS&E Checklist” form, included as Exhibit 12-D in Chapter 12 (Plans, Specifications and Estimate) of Caltrans’ Local Assistance Procedures Manual, which summarizes the items requiring local agency compliance and identifies critical federal requirements shall be prepared by the Consultant. With prior approval and consent from the City, the Consultant shall prepare the final Project PS&E Certification Checklist, PS&E Certification Letter (Exhibit 12-C, LAPM Chapter 12), and preliminary estimate to be submitted to the Caltrans District Local Assistance Engineer (DLAE) along with a completed E-76 - “Request for Authorization” to proceed with construction. The PS&E Certification shall be signed by the design engineer responsible for the Project.

The Consultant shall prepare biddable construction plans, specifications, and assist the City in preparing bid documents for the Project. The plans shall be completed in accordance with Caltrans standards and regulations; “front end” bid documents shall conform to the Greenbook Specifications, latest version and other requirements of the City.

The Consultant shall prepare a construction schedule, to determine the contract time to be included in the Bidders’ proposals. The construction schedule shall provide estimates of all standard construction tasks, and shall include as a minimum, a task for each bid item in the cost estimate.

The schedule shall also consider lead times for long-lead equipment, such as signal poles, light poles, electric equipment, irrigation equipment, etc.

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In preparing the construction schedule, the Consultant shall ensure that mitigation measures presented as commitments in the environmental documents (Natural Environment Study and Biological Assessment) are considered and incorporated into the schedule.

The City of Chino has established a tentative 2-year schedule to complete the design work described in this RFP. As part of the response to this RFP, the Consultant shall propose a realistic, justifiable schedule to complete the above work in a reliable and cost-effective manner.

Assumptions ▪ It is assumed that a traffic signal at SR-71 & Pine Avenue SB ramps is not included as part of this scope.
▪ Up to three (3) copies of the Engineer’s Estimate and Specifications will be provided
Deliverables ▪ Response matrix addressing comments from the 90% design submittal ▪ 100% Design Drawings
▪ 100% Specifications
▪ 100% Engineer’s Estimate
▪ Special Provisions
▪ LAPM documents and exhibits necessary for submittal to Caltrans TASK 14 – CALTRANS LOCAL ASSISTANCE PROCESSING
Consultant shall prepare the “Request for Authorization to Proceed” packages and all required support documentation pursuant to Caltrans Local Assistance Manual to obtain the “E-76” to proceed with rightof- way, utility relocation and Construction. Consultant will prepare Request for Authorization for R/W Task 13.2, prepare Right-of-Way Certification, prepare Request for Authorization for Utility Relocations, prepare Notice to Owner and Report of Investigation, coordinate Utility Agreements, Field Review Form, and prepare Request to Proceed with Construction Package (RPC).

Transportation Management Plan (TMP):

A Transportation Management Plan (TMP) is required for all federal-aid construction projects. The TMP needs to include a Temporary Traffic Control (TTC) Plan that addresses traffic safety and control in the work zone. It consists of strategies to manage the work zone impacts of a Project. The TMP scope, content, and degree of detail may vary based upon the local agency’s work zone policy, and an understanding of the expected work zone impacts of the Project.

The Consultant shall develop the TMP in sustained consultation with stakeholders (e.g., other transportation agencies, railroad agencies/operators, transit providers, freight movers, utility suppliers, police, fire, emergency medical services, school, business communities, and regional transportation management centers).

Temporary Traffic Control (TTC) Plan:

The Temporary Traffic Control (TTC) Plan shall describe the measures to be used to facilitate road users through a work zone, an incident area, or other event that temporarily disrupts normal road user flow.

The TTC Plan shall be consistent with the provisions of the California Manual on Uniform Traffic Control Device (CAMUTCD) and with the work zone hardware recommendations in the AASHTO Roadside Design Guide.

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In developing and implementing the TTC Plan, the pre-existing roadside safety hardware shall be maintained at an equivalent or better level than what existed, prior to Project implementation. The scope of TTC Plan shall be determined by the Project characteristics and the traffic safety and control requirements identified by the City for the Project. The TTC Plan shall be either referenced to specific TTC elements in the CAMUTCD, approved standard TTC Plans, the California State Transportation TTC Manual, or to be designed specifically for the Project.

Assumptions
Deliverables ▪ TTC Plans
▪ Draft TMP report for the 60% submittal, 90% submittal and Final TMP report for 100% submittal.

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(new text shown in bold italics, deleted text in strikethrough) I. Federal Provisions shall be incorporated into the Agreement as set forth in Articles IX, XV, XVI, XVIII, XXIX, XXX, XXXI, and XXXII of the Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE, as follows:

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by City’s Director of Finance.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by City’s Director of Finance of unresolved audit issues. The request for review will be submitted in writing. At the Director of Finance’s discretion, recommendations to the CONSULTANT to address the audit findings shall be provided in writing. Thereafter, CONSULTANT shall make appropriate changes to address findings and recommendations.

C. Neither the pendency of a dispute nor its consideration by City will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by City Project Manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by City at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the City Project Manager to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or 350
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audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) – the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) – the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) – the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will 351
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apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

FEDERAL FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF

COMPLIANCE
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, 352
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genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. 353
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I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE)

PARTICIPATION
Effective October 3, 2025, all DBE goal requirements are suspended pursuant to the U.S.

Department of Transportation’s issued Interim Final Rule.

Consultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is Consultant’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type 354
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of work the firm will perform on the contract. Additionally, Consultant is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This Agreement is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultant who enter into a federally-funded agreement will assist City in a good faith effort to achieve California's statewide overall DBE goal.

The goal for DBE participation for this Agreement is_________% .

Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet this Agreement’s goal, or by documenting adequate good faith efforts to meet this Agreement’s goal. An adequate good faith effort means that Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, Consultant will complete and submit “Proposer/Consultant Good Faith Efforts” to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying Consultant from future bidding as non-responsible.

Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant obtains City’s written consent. Consultant shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from City. Unless the City’s prior written consent is provided, Consultant shall not be entitled to any payment for work 355
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or material unless it is performed or supplied by the listed DBE on the Construction Contract DBE Commitment form, included in the Bid.

Termination of DBE Subconsultants
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from City:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Consultants License Law, or is not properly registered with the California Department of Industrial Relations as a public works consultant.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the contract.

11. City determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, Consultant must use the following procedures:

1. Send a written notice to the DBE of Consultant’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both Consultant and City by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
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2. If the DBE does not respond within 5 business days, Consultant may move forward with the request as if the DBE had agreed to Consultant’s written notice.

3. Submit Consultant’s DBE termination request by written letter to City and include:
• One or more above listed justifiable reasons along with supporting documentation; • Consultant’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Consultant’s written notice; and • The DBE's response to Consultant’s written notice, if received. If a written response was not provided, provide a statement to that effect. The Agency shall respond in writing to Consultant’s DBE termination request within 5 business days.

City shall respond in writing to Consultant’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving City’s written authorization of DBE termination request, Consultant must obtain City’s written agreement for DBE replacement. Consultant must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to City which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Consultant Contract DBE Commitment

2. If Consultant has not identified a DBE replacement firm, submit documentation of the Consultant’s GFEs to use DBE replacement firms within 7 days of City’s authorization to terminate the DBE. Consultant may request City’s approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
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• Search results of certified DBEs available to perform the original DBE work identified and/or other work Consultant had intended to self-perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements • Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Consultant’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as City may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher • Additional documentation that supports the GFE
City shall respond in writing to Consultant’s DBE replacement request within five (5) business days. Consultant must submit a revised Subcontracting Request form if the replacement plan is authorized by City. City shall request Consultant to:

1. Notify City’s Project Manager of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (Monthly Disadvantaged Business Enterprise Payment)
If Consultant is a DBE Consultant, it shall include the date of work performed by its own forces and the corresponding value of the work.

DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. 358
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Consultant must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.

Consultant must provide written notification to City at least 15 days in advance of each DBE's initial performance of work or supplying materials for this Agreement. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, Consultant shall submit to City the initial evaluation and validation of DBE performance of a CUF using the Disadvantaged Business Enterprise Commercially Useful Function Evaluation.

Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
Consultant must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the DBE Commercially Useful Function Evaluation. Consultant must submit to City these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

Consultant must notify City immediately if they believe the DBE may not be performing a CUF.

City will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional City evaluations. City must evaluate DBEs and their CUF performance throughout the duration of a contract. City will provide written notice to Consultant and the DBE at least two (2) business days prior to any evaluation. Consultant and the DBE must participate in the evaluation. Upon completing the evaluation, City must share the evaluation results with Consultant and the DBE. An evaluation could include items that must be remedied upon receipt. If City determines the DBE is not performing a CUF, the Consultant must suspend performance of the noncompliant work.

Consultant and DBEs must submit any additional CUF related records and documents within five (5) business days of City’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE. If Consultant and/or City determine that a listed DBE is not performing a CUF in 359
01225.0001/863604.2 B-11
performance of their DBE committed work, Consultant must immediately suspend performance of the noncompliant portion of the work. City may deny payment for the noncompliant portion of the work. City will ask Consultant to submit a corrective action plan (CAP) to City within five (5) days of the noncompliant CUF determination. The CAP must identify how Consultant will correct the noncompliance findings for the remaining portion of the DBE's work. City has five (5) days to review the CAP in conjunction with Consultant’s review. Consultant must implement the CAP within five (5) days of City’s approval. City will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, Consultant may have good cause to request termination of the DBE.

Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. If Consultant is a DBE Consultant, it shall also show the date of work performed by its own forces along with the corresponding dollar value of the work.

If a DBE subconsultant is decertified during the term of this Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the term of this Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Project Manager within thirty (30) calendar days. 360
01225.0001/863604.2
B-12
CONSULTANT’s performance will be evaluated by City. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM CITY TO CONSULTANT
The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:

1. The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The City must return any payment request deemed improper by the City to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the City administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The City must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The City must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDIX A-E REFERENCED IN EXHIBIT “E” OF THIS AGREEMENT.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
361
01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
362
01225.0001/863604.2 C-2
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION
The Biggs Cardosa Team’s total proposed not-to-exceed fee to deliver the Scope of Services is $6,964,986.99
Task Description Totals
1 Project Management & Administration $349,686.44
2 Traffic Analysis & Preliminary Traffic Signal Design $183,696.46 3 Environmental Documentation $1,534,082.79
4 Supporting Studies $693,352.26
5 Environmental Permitting $339,724.23
6 Public Outreach $349,314.14
7 Topographic & Boundary Surveys $74,141.36
8 Right of Way Engineering / Appraisals & Acquisitions $234,526.72 9 Utility Coordination & Relocation $133,634.96
10 30% Submittal (Preliminary Engineering) $290,623.61
11 60% Submittal (Plans and Cost Estimates – P&E) $1,193,939.90 12 90% Submittal (Plans, Specifications & Estimates – PS&E) $644,821.24 13 100% Submittal (PS&E Package) $157,239.77
14 Caltrans Local Assistance Processing $248,157.79
Other Direct Costs (ODCs) $538,045.32
Total Not-To-Exceed Fee: $6,964,986.99
363
Pine Avenue Connector / Bridge
Fee Summary
Task Description Biggs Cardosa
Associates
Arellano
Associates
Earth Mechanics,
Inc.

EXP Fehr & Peers ICF MNS Engineers Monument Q3 Consulting RVA Totals 1 Project Management & Administration $153,696.72 $51,118.04 $0.00 $5,178.42 $28,221.77 $0.00 $34,524.93 $13,203.96 $15,710.20 $48,032.40 $349,686.44 2 Traffic Analysis & Preliminary Traffic Signal Design $20,862.53 $0.00 $0.00 $0.00 $162,833.93 $0.00 $0.00 $0.00 $0.00 $0.00 $183,696.46 3 Environmental Documentation $121,419.46 $0.00 $0.00 $0.00 $0.00 $1,122,103.07 $0.00 $0.00 $0.00 $290,560.26 $1,534,082.79 4 Supporting Studies $28,917.14 $0.00 $312,184.46 $0.00 $0.00 $159,885.64 $10,887.86 $0.00 $181,477.16 $0.00 $693,352.26 5 Environmental Permitting $63,772.56 $0.00 $0.00 $0.00 $0.00 $9,642.65 $0.00 $0.00 $0.00 $266,309.02 $339,724.23 6 Public Outreach $44,721.15 $294,698.46 $0.00 $0.00 $0.00 $0.00 $9,894.53 $0.00 $0.00 $0.00 $349,314.14 7 Topographic & Boundary Surveys $11,743.34 $0.00 $0.00 $0.00 $0.00 $0.00 $62,398.02 $0.00 $0.00 $0.00 $74,141.36 8 Right of Way Engineering / Appraisals & Acquisitions $33,299.43 $0.00 $0.00 $0.00 $0.00 $0.00 $123,691.84 $77,535.45 $0.00 $0.00 $234,526.72 9 Utility Coordination & Relocation $62,176.58 $0.00 $0.00 $0.00 $0.00 $0.00 $8,679.66 $62,778.72 $0.00 $0.00 $133,634.96 10 30% Submittal (Preliminary Engineering) $188,563.73 $0.00 $0.00 $21,309.43 $0.00 $0.00 $74,522.39 $6,228.06 $0.00 $0.00 $290,623.61 11 60% Submittal (Plans and Cost Estimates - P&E) $769,508.05 $0.00 $0.00 $0.00 $0.00 $0.00 $424,431.85 $0.00 $0.00 $0.00 $1,193,939.90 12 90% Submittal (Plans, Specifications & Estimates - PS&E) $310,655.85 $0.00 $0.00 $0.00 $0.00 $0.00 $329,643.09 $4,522.30 $0.00 $0.00 $644,821.24 13 100% Submittal (PS&E Package) $92,056.77 $0.00 $0.00 $0.00 $0.00 $0.00 $60,660.70 $4,522.30 $0.00 $0.00 $157,239.77 14 Caltrans Local Assistance Processing $66,769.02 $0.00 $0.00 $73,891.60 $94,238.12 $0.00 $6,964.56 $6,294.49 $0.00 $0.00 $248,157.79 Other Direct Costs (ODCs) $600.00 $73,850.00 $187,300.00 $100.00 $19,390.00 $59,913.10 $89,490.00 $104,614.72 $1,100.00 $1,687.50 $538,045.32 Totals $1,968,762.33 $419,666.50 $499,484.46 $100,479.45 $304,683.82 $1,351,544.46 $1,235,789.43 $279,700.00 $198,287.36 $606,589.18 $6,964,986.99 C-3
364
Pine Avenue Connector / Bridge Project
Biggs Cardosa Associates, Inc.

Eric Pheifer*
John
Leimberger*
Task PIC / PM
Structures
Manager Associate
Engineering
Manager
Senior
Engineer
Project
Engineer Staff Engineer
Assistant
Engineer
Junior
Engineer
Sr. Computer
Drafter
BIM/Visualiza
tion Specialist
Project
Administrator
Task 1 Project Management 658 $153,697

1.1 Project Kick-Off Meeting 4 4 8 4 20 $4,398

1.2 PDT Meetings 40 80 24 40 90 274 $64,156

1.3 Project Schedule 4 8 8 16 40 76 $18,435

1.4 Monthly Progress Reports 12 24 36 $10,053

1.5 Cost Accounting 4 2 16 24 46 $10,820

1.6 Quality Assurance / Quality Control 2 4 16 24 40 40 126 $27,949

1.7 Submittal of Project Deliverables and Formats $0

1.8 Project Management Plan 4 8 4 8 16 40 80 $17,886
Task 2 Traffic Analysis & Traffic Signal Design 90 $20,863

2.1 Meetings 6 24 30 $7,418

2.2 Collect / Compile Traffic Data 2 2 $446

2.3 Traffic Forecast Study 1 2 3 $790

2.4 Traffic Analysis 2 4 8 14 $3,391

2.5 Technical Report 1 8 9 $2,129

2.6 Vehicle Miles Traveled (VMT) Analysis 2 4 6 $1,580

2.7 Traffic Signal Plans 2 8 16 26 $5,107
Task 3 Environmental Documentation 530 $121,419

3.1 Environmental Meetings / Project Management 16 40 56 $14,425

3.2 Preliminary Environmental Study 2 4 8 20 34 $7,459

3.3 Scoping 8 24 24 40 96 $19,296

3.4 Technical Studies 40 80 120 $31,599

3.15 Environmental Document 16 60 80 156 $34,236

3.16 Final Environmental Document 4 24 40 68 $14,404
Task 4 Supporting Studies 142 $28,917

4.1 Geotechnical Investigations 1 4 8 16 29 $6,117

4.2 Hydraulic / Hydrology Analysis 2 4 8 14 $3,115

4.3 Borrow Site(s) Studies 8 16 24 40 88 $16,870

4.4 Phase I Environmental Site Assessment (ESA) 2 4 6 $1,580

4.5 Water Quality Management Plan (WQMP) 1 4 5 $1,236
Task 5 Environmental Permitting 315 $63,773

5.1 Section 400/1600 Permits (Design Phase Activities) 2 8 16 40 66 $12,229

5.2 Section 401 (RWQCB) Permit 1 4 5 $1,236

5.3 Section 404 (USACE) Permit 2 8 16 26 $5,542

5.4 Section 408 / Outgrant (USACE) 24 40 40 80 24 208 $42,292

5.5 Section 1602 (CDFW) Permit 2 8 10 $2,473
Budget
Per Task
Total
Hours
C-4
365
Pine Avenue Connector / Bridge Project
Biggs Cardosa Associates, Inc.

6.1 Notice of Preparation 2 4 6 $1,580

6.2 Scoping Meetings 4 8 12 $3,160

6.3 Notice of Completion / Notice of Availability 2 4 6 $1,580

6.4 Public Hearings 4 8 24 16 40 80 172 $29,131

6.5 Stakeholder / Community Engagement Activities 8 16 24 $6,320

6.6 Collateral Material (FAQ, Fact Sheet) 2 4 6 $1,580

6.7 Project Website 1 2 4 7 $1,371
Task 7 Topographic & Boundary Surveys 68 $11,743

7.1 Aerial Survey Base Map 4 8 12 $2,036

7.2 Field Survey Base Map 8 16 24 8 56 $9,708
Task 8 Right of Way Engineering / Appraisals & Acquisitions 162 $33,299

8.1 Title Reports 4 4 $1,374

8.2 Right of Way Base Map 2 8 16 26 $5,107

8.3 Appraisals 4 8 40 60 112 $20,429

8.4 Acquisition Services 16 4 20 $6,389
Task 9 Utility Coordination & Relocation 277 $62,177

9.1 Utility Notifications 4 8 12 $3,160

9.2 Utility Base Map 2 4 16 40 62 $11,771

9.3 Utility Conflict Matrix 1 2 4 7 $1,811

9.4 Utility Coordination 16 120 136 $32,283

9.5 SAWPA Brine Line Design 4 40 16 60 $13,152
Task 10 30% Submittal (Preliminary Engineering / Conceptual Layouts) 1,113 $188,564

10.1 Basis of Design Memo 2 4 8 16 30 $6,970

10.2 Roadway Plan, Profile, and Typical Sections 2 8 10 $2,473

10.3 Bridge General Plan & Foundation Plan 8 24 24 16 40 180 120 180 592 $97,246

10.4 Structure Type Selection Report 4 24 16 8 24 40 116 $23,818

10.5 Preliminary Cost Estimates 1 2 4 16 23 $4,765

10.6 Renderings 2 4 16 80 240 342 $53,292
Task 11 60% Submittal (Plans & Cost Estimates) 4,424 $769,508

11.1 Plans 40 120 24 60 80 120 240 360 240 720 2,004 $352,595

11.2 Calculations 12 60 80 120 160 240 360 960 120 40 2,152 $374,688

11.3 Cost Estimates 4 16 8 16 24 40 160 268 $42,225
Task 12 90% Submittal (Plans, Specifications & Cost Estimates) 1,602 $310,656

12.1 Plans 8 40 24 40 24 40 60 120 40 360 756 $137,996

12.2 Calculations 2 40 24 24 40 80 120 180 510 $92,582

12.3 Independent Check of Structures (Coordination w/Independent Check Team) 2 16 40 58 $15,865

12.4 Specifications 8 16 40 80 24 168 $44,285

12.5 Cost Estimates 2 4 8 16 16 24 40 110 $19,928
C-5
366
Pine Avenue Connector / Bridge Project
Biggs Cardosa Associates, Inc.

13.1 Plans 2 8 16 24 80 120 250 $42,286

13.2 Calculations 4 8 16 40 68 $13,886

13.2 Specifications 4 8 16 28 $7,802

13.3 Cost Estimates 1 2 4 8 8 16 24 63 $11,115

13.4 Issued for Bid Package 8 16 4 8 40 16 92 $16,967
Task 14 Caltrans Local Assistance Processing 306 $66,769

14.1 LAPM Field Review 2 8 16 24 50 $9,494

14.2 Request for Authorization (E-76) for Right of Way 2 24 26 $6,044

14.3 Request for Authorization (E-76) for Construction 4 40 80 24 148 $32,686

14.4 Right of Way Certification 2 80 82 $18,545

Subtotal Hours 413 1,310 332 436 412 1,000 1,276 2,080 744 1,768 324 326 10,421 Direct Rate / Actual Hourly Rate $107.88 $70.10 $91.12 $80.19 $71.09 $60.24 $51.71 $44.86 $38.63 $55.91 $45.58 $77.60 Indirect Rate 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% 159.79% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10%
Salary Increases 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% 11.43% Fully Burdened Hourly Rate $343.53 $223.22 $290.16 $255.35 $226.37 $191.82 $164.66 $142.85 $123.01 $178.04 $145.14 $247.10 Subtotal Budget $141,877 $292,421 $96,332 $111,334 $93,266 $191,825 $210,109 $297,127 $91,520 $314,769 $47,026 $80,556 $1,968,162 Other Direct Costs (ODC)
Mileage $350 $350
Reproduction $250 $250
TOTALS $1,968,762
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

C-6
367
Pine Avenue Connector / Bridge Project
Arellano Associates
Edgar
Gutierrez
Jason
Jackson Aja Stansell
Kyle
Santiago
Task
Principal-InChargeProject
Manager
Deputy
Project Mngr Creative Lead
Project
Coordinator
Assistant
Project Coord
Task 1 Project Management 345 $51,118

1.1 Project Kick-Off Meeting 5 5 5 15 $2,870

1.2 PDT Meetings (up to 30) 20 30 40 90 $16,301

1.4 Monthly Progress Reports (up to 30) 15 25 40 $6,465

1.7 Submittal of Project Deliverables and Formats 15 20 40 15 40 70 200 $25,482 Task 6 Public Outreach 2,225 $294,698

6.1 Notice of Preparation 5 10 20 5 30 30 100 $12,386

6.2 Scoping Meetings 10 25 50 5 60 75 225 $27,530

6.3 Notice of Completion / Notice of Availability 5 10 20 5 30 30 100 $12,386

6.4 Public Hearings 10 25 50 5 60 75 225 $27,530

6.5 Stakeholder / Community Engagement Activities 120 180 250 75 350 325 1,300 $174,086

6.6 Collateral Material (FAQ, Fact Sheet) 5 15 40 25 40 125 $18,335

6.7 Project Website 5 15 40 50 40 150 $22,445

Subtotal Hours 200 350 580 185 650 605 2,570
Direct Rate / Actual Hourly Rate $88.00 $63.00 $55.00 $59.00 $38.00 $28.00 Indirect Rate 139.94% 139.94% 139.94% 139.94% 139.94% 139.94% Profit 10% 10% 10% 10% 10% 10%
Salary Increases 5.58% 5.58% 5.58% 5.58% 5.58% 5.58%
Fully Burdened Hourly Rate $245.21 $175.55 $153.26 $164.40 $105.89 $78.02 Subtotal Budget $49,042 $61,442 $88,889 $30,414 $68,826 $47,203 $345,816 Other Direct Costs (ODC)
Public Notice Printing and Delivery (amount not to exceed) $16,000 $16,000 Printing (up to 50x boards) $9,000 $9,000
General Printing (fact sheet, flyers, posters, etc.) $6,000 $6,000 Online Communication Tools (web hosting, survey, helpline, etc.) $1,500 $1,500 Advertisements $10,000 $10,000
Translation (Spanish and Mandarin) $6,000 $6,000
Language Interpretation (Spanish and Mandarin) $12,000 $12,000 Court Reporters $12,000 $12,000
Event Registration Fees (assumes cities will waive event fees) $0 $0 Misc. Supplies, Refreshments & Participation Incentives $1,000 $1,000 Mileage/Parking $350 $350
Venue fees for in-person mtgs. (assumes no-cost at city facilities) $0 $0 TOTALS $419,666
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-7
368
Pine Avenue Connector / Bridge Project
Earth Mechanics, Inc.

Alahesh
Thurairajah*
Task Principal
Sr. Principal
Engineer /
Geologist
Principal
Engineer /
Geologist
Senior
Engineer /
Geologist
Sr. Project
Engineer /
Geologist
Project
Engineer /
Geologist
Sr. Staff
Engineer /
Geologist
Staff
Engineer /
Geologist
Senior
Technician Technician
Task 4 Supporting Studies 1,620 $312,184

4.1 Geotechnical Investigations 40 100 100 200 220 180 180 180 300 120 1,620 $312,184

Subtotal Hours 100 40 100 200 220 180 180 180 300 120 1,620 Direct Rate / Actual Hourly Rate $105.70 $105.60 $80.60 $71.80 $60.70 $60.30 $53.40 $41.80 $54.10 $30.20 Indirect Rate 167.89% 167.89% 167.89% 167.89% 167.89% 167.89% 167.89% 167.89% 167.89% 167.89% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10%
Salary Increases 7.65% 7.65% 7.65% 7.65% 7.65% 7.65% 7.65% 7.65% 7.65% 7.65% Fully Burdened Hourly Rate $335.30 $334.99 $255.68 $227.77 $192.55 $191.28 $169.40 $132.60 $171.62 $95.80 Subtotal Budget $33,530 $13,399 $25,568 $45,553 $42,362 $34,431 $30,491 $23,868 $51,485 $11,496 $312,184 Other Direct Costs (ODC)
Drill Rig Rental $150,000 $150,000
Traffic Control $2,000 $2,000
Well Permits $8,000 $8,000
Soil Cutting Contaminants Testing $5,200 $5,200
Soil Cuttings (drums) Disposal $20,000 $20,000
Mileage $2,100 $2,100
TOTALS $499,484
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-8
369
Pine Avenue Connector / Bridge Project
EXP
Syed Raza
Luis
Betancourt
Lismary
Gavillan
Andrew
Osaki
Task
Caltrans
Coordinator
Design
Manager
FHWA
Coordinator
Project
Engineer
Task 1 Project Management 13 $5,178

1.1 Project Kick-Off Meeting 4 4 $1,593

1.2 PDT Meetings 9 9 $3,585
Task 10 30% Submittal (Preliminary Engineering / Conceptual Layouts) 72 $21,309

10.2 Roadway Plan, Profile, and Typical Sections 24 8 40 72 $21,309 Task 14 Caltrans Local Assistance Processing 216 $73,892

14.1 LAPM Field Review 16 10 26 $9,368

14.2 Request for Authorization (E-76) for Right of Way 16 10 26 $9,368

14.3 Request for Authorization (E-76) for Construction 40 10 50 $17,445

14.4 Right of Way Certification 16 10 26 $9,368

14.5 Caltrans Coordination & Encraochment Permit 8 40 40 88 $28,342 Subtotal Hours 101 32 88 80 301
Direct Rate / Actual Hourly Rate $136.59 $122.46 $115.40 $81.88 Indirect Rate 151.12% 151.12% 151.12% 151.12%
Profit 10% 10% 10% 10%
Salary Increases 5.58% 5.58% 5.58% 5.58%
Fully Burdened Hourly Rate $398.34 $357.13 $336.54 $238.79 Subtotal Budget $40,232 $11,428 $29,616 $19,103 $100,379 Other Direct Costs (ODC)
Printing $100 $100
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
TOTALS $100,479
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-9
370
Pine Avenue Connector / Bridge Project
Fehr & Peers
Task Principal
Senior
Associate
Senior
Engineer
Transportatio
n Engineer III
Transportatio
n Engineer II
GIS
Technician
Supporting
Staff
Task 1 Project Management 129 $28,222

1.1 Project Kick-Off Meeting 2 2 2 6 $1,285

1.2 PDT Meetings 10 10 30 50 $12,483

1.4 Monthly Progress Reports 15 15 $2,930

1.5 Cost Accounting 30 30 $4,967

1.6 Quality Assurance / Quality Control 4 4 20 28 $6,556 Task 2 Traffic Analysis & Traffic Signal Design 804 $162,834

2.1 Meetings 14 10 24 24 6 78 $17,503

2.2 Collect / Compile Traffic Data 4 2 8 12 32 6 64 $12,235

2.3 Traffic Forecast Study 16 8 32 8 60 16 6 146 $29,358

2.4 Traffic Analysis 32 12 60 60 140 6 310 $61,788

2.5 Technical Report 16 4 16 16 30 16 6 104 $21,136

2.6 Vehicle Miles Traveled (VMT) Analysis 16 4 24 12 40 6 102 $20,815 Task 14 Caltrans Local Assistance Processing 476 $94,238

14.1 LAPM Field Review 60 20 60 40 240 20 36 476 $94,238

Subtotal Hours 74 174 291 148 568 52 102 1,409
Direct Rate / Actual Hourly Rate $116.50 $83.50 $59.00 $59.00 $51.50 $53.00 $50.00 Indirect Rate 179.12% 179.12% 179.12% 179.12% 179.12% 179.12% 179.12% Profit 10% 10% 10% 10% 10% 10% 10%
Salary Increases 7.85% 7.85% 7.85% 7.85% 7.85% 7.85% 7.85% Fully Burdened Hourly Rate $385.76 $276.49 $195.36 $195.36 $170.53 $175.50 $165.56 Subtotal Budget $28,546 $48,109 $56,851 $28,914 $96,861 $9,126 $16,887 $285,294 Other Direct Costs (ODC)
ODC 1 - Mileage $1,000 $1,000
ODC 2 - Intersection Counts $10,500 $10,500
ODC 3 - Segment Counts $3,960 $3,960
ODC 4 - Ramp Counts $2,880 $2,880
ODC 5 - Freeway Segent Counts $1,050 $1,050
TOTALS $304,684
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-10
371
Pine Avenue Connector / Bridge Project
ICF
Calvert,
Brian Yasui, Youji Franklin, Nina
Garcia,
Johnnie
Barrera,
Mario
Brown,
Sheryl Klier, John
Giffen,
Teresa
Witters,
Roxana
Rzeszutko,
Jakob
Higginson,
Jonathan
Anderson,
Keturah
Hoisington,
Greg
Martin,
Colleen Baker, Vincent
Richards,
Phillip
Klinefelter,
Kristen
Vargas,
Benjamin
SmithEscalera,
Shannon
Galvez, Hector
Manuel
ColonMorales,
Magaly
Markham,
John
MountainCastro,
Jenelle
Irvin,
Elizabeth Hardie, Jon
Hallman,
Ryan
Crawford,
Karen
Hambley,
Brooke
Downs,
Lauren
Yates,
Timothy
Roderick,
Margaret
Sukola,
Katrina
Jameson,
Megan Lin, Frances Varied Staff
Task
Sr Project
Director
Senior
Consultant III
Environmental
Technician II
Senior
Consultant I Consultant I
Senior
Consultant III
GIS Analyst /
Cartography
Senior
Consultant I
Environmental
Technician II
Associate
Consultant II
Project
Director
Managing
Consultant
Managing
Consultant Consultant II
Environmental
Technician I
Senior
Consultant I
Associate
Consultant II
Senior
Consultant III
Environmental
Technician I
Environmental
Technician I
Associate
Consultant I
Senior
Consultant III Consultant I
Senior
Consultant III
Project
Director Consultant I
Project
Director
Associate
Consultant I
Senior
Consultant I
Senior
Consultant III Consultant II
Associate
Consultant I
Senior
Technical
Analyst
Associate
Consultant I Invoicing
Classification
36 Task 3 Environmental Documentation 6,311 $1,122,103

3.1 Environmental Meetings / Project Management 278 398 30 706 $172,658

3.2 Preliminary Environmental Study 4 24 108 24 14 2 2 2 1 6 2 2 20 1 2 1 1 2 4 2 224 $32,822

3.3 Scoping 16 48 78 24 24 190 $32,220

3.4 Technical Studies $0
Task 3.4.1 Historic Property Survey Report 6 20 8 28 72 38 20 48 8 36 14 72 72 12 70 524 $88,315 Task 3.4.2 Supplemental Historic Property Survey Report 4 8 2 12 45 20 8 6 20 8 36 38 2 8 217 $38,121 Task 3.4.3 Visual Impact Assessment 4 12 4 24 156 68 18 16 24 326 $54,061 Task 3.4.4 Noise Study Report 8 10 8 44 10 288 8 4 28 82 490 $83,008 Task 3.4.5 Natural Environment Study Support 6 20 16 8 8 8 16 8 90 $16,358 Task 3.4.6 Biological Assessment Support 4 10 12 6 4 36 $6,556 Task 3.4.7 Paleontological Identification Report/Paleontological Evaluation Report 4 10 4 2 20 $3,991 Task 3.4.8 Paleontological Mitigation Plan 2 8 6 2 18 $3,167 Task 3.4.9 Air Quality Report 4 8 4 20 24 36 116 212 $41,547 Task 3.4.10 Air Quality Conformity Analysis Report 2 6 2 14 24 24 104 176 $33,785 Task 3.4.11 Section 4(f) Evaluation 4 148 40 36 24 16 268 $49,857 Task 3.4.12 Water Quality Assessment Report 4 8 4 16 24 108 164 $20,568 Task 3.4.13 Phase I Initial Site Assessment 4 12 4 2 22 $4,393

3.5 Draft Environmental Document $0
Task 3.5.1 Draft Environmental Document 64 364 424 28 44 20 6 48 8 8 16 48 24 8 16 10 6 4 18 98 38 52 6 18 4 12 20 8 14 1,434 $239,701 Task 3.5.2 Circulate Draft Environmental Document 4 12 24 8 8 8 12 76 $12,453 Task 3.5.3 Public Hearing 16 24 48 16 2 16 122 $21,422
Task 3.5.4 Public Comment Responses 8 60 78 8 8 8 8 8 16 4 6 6 4 16 36 12 12 2 2 6 6 2 4 320 $54,240 Task 3.5.5 Project Preferred Alternative 6 4 10 $2,713

3.6 Final Environmental Document $0
Task 3.6.1 Final Environmental Document 28 198 224 10 24 6 8 4 16 8 6 4 12 52 4 8 2 4 2 4 6 2 4 636 $104,862 Task 3.6.2 Notice of Determination (CEQA) and Federal Register Notice (NEPA) 2 8 12 8 30 $5,286 Task 4 Supporting Studies 1,000 $159,886

4.1 Geotechnical Investigations $0
Task 4.1.1 Biological Resources Memorandum 2 8 2 20 22 48 26 8 4 2 16 158 $26,077 Task 4.1.2 Biological Assessment Support 2 8 10 6 26 $4,541 Task 4.1.3 Cultural Resources Memorandum 2 8 2 16 8 2 12 4 40 6 32 132 $25,109 Task 4.1.4 CEQA Categorical Exemption 2 6 8 2 18 $3,137 Task 4.1.5 NEPA Environmental Assessment 16 48 224 44 22 6 20 22 8 32 8 4 12 8 6 48 8 24 2 12 4 16 12 6 24 636 $95,889 Task 4.1.6 Environmental Permitting Support 4 4 4 4 8 6 30 $5,132 Task 5 Environmental Permitting 62 $9,643

5.1 Environmental Permitting Support 4 6 6 6 24 16 62 $9,643

Subtotal Hours 514 1,460 1,318 392 130 198 68 46 16 376 16 32 107 214 90 32 64 155 58 28 54 30 84 540 205 318 39 126 166 33 150 156 60 68 30 7,373 Direct Rate / Actual Hourly Rate $110.92 $70.06 $37.28 $56.18 $50.17 $63.99 $39.24 $54.82 $36.83 $43.51 $85.88 $76.24 $77.57 $52.09 $36.62 $55.34 $46.32 $66.43 $36.56 $36.28 $40.55 $68.34 $49.01 $62.29 $84.45 $46.44 $93.76 $38.46 $51.92 $61.88 $50.18 $43.98 $82.00 $45.58 $40.00 $36.00 Indirect Rate 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 145.76% 202.38% 202.38% 202.38% 202.38% 202.38% 202.38% 202.38% 202.38% 69.68% 69.68% 69.68% 202.38% 202.38% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% Salary Increases 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% 6.10% Fully Burdened Hourly Rate $318.15 $200.95 $106.93 $161.14 $143.90 $183.54 $112.55 $157.24 $105.64 $124.80 $246.33 $218.68 $222.49 $149.41 $105.04 $158.73 $132.86 $190.54 $104.86 $104.06 $116.31 $196.02 $140.57 $219.83 $298.03 $163.89 $330.89 $135.73 $183.23 $218.38 $177.09 $87.10 $162.39 $90.26 $141.16 $127.05 Subtotal Budget $163,528 $293,388 $140,932 $63,167 $18,707 $36,341 $7,653 $7,233 $1,690 $46,924 $3,941 $6,998 $23,807 $31,973 $9,453 $5,079 $8,503 $29,534 $6,082 $2,914 $6,281 $5,881 $11,808 $118,706 $61,096 $52,117 $12,905 $17,102 $30,416 $7,207 $26,563 $13,587 $9,743 $6,138 $4,235 $0 $1,291,631 Other Direct Costs (ODC)
Meals, and Lodging $425.00 $425
Cultural Resources Records Search $2,000.00 $2,000
Reproductions $5,500.00 $5,500
Equipment Rental $250.00 $250
Postage and Delivery $750.00 $750
Travel, Auto, incld. Mileage at current IRS rate (.70/mile) $6,750.10 $6,750 County Clerk Filing Fees $100.00 $100
CEQA (CDFG) Filing Fee $4,000.00 $4,000
Project Supplies $250.00 $250
Bargas Environmental Consulting, LLC $21,733.00 $21,733 Group Delta Consultants, Inc. $18,155.00 $18,155
. $1,351,544
Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH Field OH FTE/Home OH FTE/Home OH FTE/Home OH FTE/Home OH FTE/Home OH FTE/Home OH FTE/Home OH FTE/Home OH On Call OH On Call OH On Call OH FTE/Home OH Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-11
372
Pine Avenue Connector / Bridge Project
MNS
Task
Principal/Proje
ct Manager Lead Engineer
Lead
Electrical/ITS
Lead Traffic
Design
Sr. Project
Engineer
Project
Engineer
Associate
Engineer
Assistant
Engineer
Engineering
Technician
Principal
Surveyor
Assistant Principal
Surveyor Party Chief Chain Person
Senior
Project/Program
Manager (Bridge)
Principal
Engineer
(Bridge)
Supervising
Engineer
(Bridge)
Project
Engineer
(Bridge)
Project
Engineer
(Bridge)
Total Hours
Budget
per Task
Task 1 Project Management 114 $34,525

1.1 Project Kick-Off Meeting 1 1 1 1 $1,083 4

1.2 PDT Meetings 30 30 $18,552 60

1.4 Monthly Progress Reports 10 15 $7,445 25

1.5 Cost Accounting 10 15 $7,445 25
Task 4 Supporting Studies 54 $10,888

4.3 Borrow Site(s) Studies 10 40 4 $10,888 54
Task 6 Public Outreach 32 $9,895

6.2 Scoping Meetings 12 12 $7,421 24

6.4 Public Hearings 2 2 $1,237 4

6.5 Stakeholder / Community Engagement Activities 2 2 $1,237 4 Task 7 Topographic & Boundary Surveys 354 $62,398

7.1 Aerial Survey Base Map 10 50 48 48 $27,557 156

7.2 Field Survey Base Map 10 60 64 64 $34,841 198
Task 8 Right of Way Engineering / Appraisals & Acquisitions 688 $123,692

8.2 Right of Way Base Map 10 48 40 40 $24,393 138

8.3 Appraisals/Legal & Plats 90 280 90 90 $99,299 550
Task 9 Utility Coordination & Relocation 62 $8,680

9.2 Utility Base Map 20 2 40 $8,680 62
Task 10 30% Submittal (Preliminary Engineering / Conceptual Layouts) 430 $74,522

10.1 Basis of Design Memo 40 50 4 100 $31,990 194

10.2 Roadway Plan, Profile, and Typical Sections 20 80 4 20 80 $34,803 204

10.5 Preliminary Cost Estimates 8 4 20 $7,729 32
Task 11 60% Submittal (Plans & Cost Estimates) 3,077 $424,432

11.1 Roadway Plans (Roadway, Drainage, Grading, Removals, Details, Utilities) $413,177 3,005 Traffic Plans (Signing and Striping, Traffic Control, Signals, Lighting, Interconnect)

11.2 Calculations $0

11.3 Cost Estimates 4 4 4 20 10 30 $11,254 72
Task 12 90% Submittal (Plans, Specifications & Cost Estimates) 1,899 $329,643

12.1 Roadway Plans (Roadway, Drainage, Grading, Removals, Details, Utilities) 26 43 8 67 91 77 417 301 115 $155,307 1,143 Traffic Plans (Signing and Striping, Traffic Control, Signals, Lighting, Interconnect)

12.2 Calculations $0

12.3 Independent Check of Structures 80 370 70 80 80 680 $158,676

12.4 Specifications 10 30 $10,033 40

12.5 Cost Estimates 2 2 2 10 5 15 $5,627 36
Task 13 100% Submittal (Plans, Specifications & Cost Estimates) 424 $60,661

13.1 Roadway Plans (Roadway, Drainage, Grading, Removals, Details, Utilities) 9 3 14 22 30 26 139 100 38 $51,769 381 Traffic Plans (Signing and Striping, Traffic Control, Signals, Lighting, Interconnect)

13.2 Calculations $0

13.2 Specifications 20 5 $6,078 25

13.3 Cost Estimates 1 1 1 5 3 8 $2,814 18

13.4 Issued for Bid Package $0
Task 14 Caltrans Local Assistance Processing 24 $6,965

14.1 LAPM Field Review 4 2 $1,741 6

14.2 Request for Authorization (E-76) for Right of Way 4 2 $1,741 6

14.3 Request for Authorization (E-76) for Construction 4 2 $1,741 6

14.4 Right of Way Certification 4 2 $1,741 6

Subtotal Hours 136 285 179 325 618 366 1,579 1,490 459 120 438 242 242 70 80 370 80 80 7,158 Direct Rate / Actual Hourly Rate $137.98 $95.00 $95.00 $80.00 $80.00 $65.00 $45.00 $37.00 $30.00 $95.00 $60.00 $67.00 $67.00 $117.79 $111.06 $85.00 $70.00 $70.00 Indirect Rate 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% 135.36% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% Salary Increases 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% Fully Burdened Hourly Rate $366.25 $252.16 $252.16 $212.35 $212.35 $172.53 $119.44 $98.21 $79.63 $252.16 $159.26 $177.84 $177.84 $312.65 $294.79 $225.62 $185.80 $185.80 Subtotal Budget $49,810 $71,866 $45,137 $68,906 $131,230 $63,147 $188,604 $146,284 $36,550 $30,259 $69,756 $43,037 $43,037 $21,886 $23,583 $83,479 $14,864 $14,864 $1,146,299 Other Direct Costs (ODC)
Potholing - Potholing Contractor $40,000 $40,000
Mileage $1,995 $1,995
Aerial Topo $47,495 $47,495
ODC 4 $0 $0
ODC 5 $0 $0
ODC 6 $0 $0
TOTALS $1,235,789
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work. 20 70 114 227 242 204 1,006 816 306
C-12
373
Pine Avenue Connector / Bridge Project
Monument
Name 1* Kim Bibolet
Curtis
Bibolet
Task
Principal In
Charge
Sr. Project
Manager
Utility
Manager Sr. Agent
Utility
Coordinator
Sr. Project
Coordinator
Project
Controller
Project
Support
Specialist
Sr. Technical
Advisor Sr. Analyst Task Lead Analyst
Task 1 Project Management 67 $13,204

1.1 Project Kick-Off Meeting 4 8 1 1 14 $2,991

1.2 PDT Meetings 35 35 $7,269

1.4 Monthly Progress Reports 3 3 $623

1.5 Cost Accounting 3 8 11 $1,490

1.6 Quality Assurance / Quality Control 4 4 $831
Task 8 Right of Way Engineering / Appraisals & Acquisitions 605 $77,535

8.3 Appraisals 20 20 1 20 61 $7,703

8.4 Acquisition Services 8 90 235 105 6 100 544 $69,832 Task 9 Utility Coordination & Relocation 503 $62,779

9.1 Utility Notifications 65 165 18 4 252 $31,433

9.4 Utility Coordination 1 60 180 10 251 $31,345
Task 10 30% Submittal (Preliminary Engineering / Conceptual Layouts) 45 $6,228

10.5 Preliminary Cost Estimates 1 4 17 6 17 45 $6,228
Task 12 90% Submittal (Plans, Specifications & Cost Estimates) 33 $4,522

12.5 Cost Estimates 1 2 12 6 12 33 $4,522
Task 13 100% Submittal (Plans, Specifications & Cost Estimates) 33 $4,522

13.3 Cost Estimates 1 2 12 6 11 32 $4,423
Task 14 Caltrans Local Assistance Processing 31 $6,294

14.1 LAPM Field Review 8 8 $1,407

14.4 Right of Way Certification 2 21 23 $4,887

Subtotal Hours 15 184 134 235 345 154 18 124 8 41 18 40 1,316 Direct Rate / Actual Hourly Rate $111.42 $87.98 $74.52 $55.29 $45.91 $43.27 $45.91 $29.62 $96.54 $63.65 $67.65 $42.26 Indirect Rate 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% 103.26% Profit 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% 10%
Salary Increases 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% Fully Burdened Hourly Rate $263.01 $207.68 $175.91 $130.51 $108.37 $102.14 $108.37 $69.92 $227.88 $150.25 $159.69 $99.76 Subtotal Budget $3,945 $38,213 $23,571 $30,670 $37,388 $15,729 $1,951 $8,670 $1,823 $6,160 $2,874 $3,990 $174,985 Other Direct Costs (ODC)
Preliminary Title Reports (9 @ $1,000) $9,000 $9,000
Appraisals (Private parcels) $6,000 $6,000
Appraisals (USACE & OCFCD) $60,000 $60,000
Review Appraisals $27,000 $27,000
Mileage $1,500 $1,500
Postage $1,215 $1,215
TOTALS $279,700
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-13
374
Pine Avenue Connector / Bridge Project
Q3
McCarthy Candaele Tong Hemati Rokhberg
Task Principal Sr. PM Project Eng. Design Eng. Admin
Task 1 Project Management 80 $15,710

1.1 Project Kick-Off Meeting 4 4 $954

1.2 PDT Meetings 24 4 28 $6,814

1.4 Monthly Progress Reports 12 12 24 $3,971

1.5 Cost Accounting 12 12 24 $3,971
Task 4 Supporting Studies 1,204 $181,477

4.2 Hydraulic / Hydrology Analysis 232 36 220 520 32 1,040 $157,630

4.5 Water Quality Management Plan (WQMP) 40 4 120 164 $23,848

Subtotal Hours 44 324 220 640 56 1,284
Direct Rate / Actual Hourly Rate $96.56 $84.42 $51.90 $39.00 $32.75 Indirect Rate 149.98% 149.98% 149.98% 149.98% 149.98%
Profit 10% 10% 10% 10% 10%
Salary Increases 2.72% 2.72% 2.72% 2.72% 2.72%
Fully Burdened Hourly Rate $272.74 $238.45 $146.59 $110.16 $92.50 Subtotal Budget $12,000 $77,256 $32,250 $70,500 $5,180 $197,187 Other Direct Costs (ODC)
Mileage $350 $350
Reprographics for meetings (36x48) $450 $450
Hard Drive/Submittal to USACE $300 $300
ODC 4 $0 $0
ODC 5 $0 $0
ODC 6 $0 $0
TOTALS $198,287
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

Budget
Per Task
Total
Hours
C-14
375
Pine Avenue Connector / Bridge Project
Ruth Villalobos Juan
Villalobos
Priyo
Majumdar
Miranda
Villalobos
Justinne
Manahan
Zach Jensen Ali Razo
Task
Environmental
Director/QAQC
Environmental
PM Section 408
Senior
Regulatory/
Biologist
Biologist/
Permitting Biologist PM Assistant/ Admin
Task 1 Project Management 244 $48,032

1.1 Project Kick-Off Meeting 12 12 8 32 $6,847

1.2 PDT Meetings 30 30 $13,797 60

1.4 Monthly Progress Reports 48 32 80 $14,512

1.5 Cost Accounting 48 24 72 $12,877
Task 3 Environmental Documentation 2,016 $290,560

3.1 Environmental Meetings / Project Management 116 72 20 16 224 $48,594

3.6 Natural Environment Study 12 4 90 124 40 270 $37,818 Focused Suvey-Burrowing Owl 4 6 20 64 40 134 $17,608
Focused Sensitive Plant Survey 4 6 20 62 40 132 $17,363 Focused Surveys for least Bell's vireo (LBV) 4 6 24 88 28 150 $19,959 Focused Surveys for SWW flycatcher 4 6 20 62 28 120 $16,106 Focused Suvey-White-Tailed Kite & Tricolored Blackbird 4 6 20 44 20 94 $13,061 Santa Ana Sucker/Arroyo Chub 4 6 16 44 20 90 $12,396
Fairy Shrimp (evaluation) 6 4 16 36 20 82 $11,415
Focused Crotch's Bumble Bee Survey 6 4 36 88 44 178 $23,628 Jurisdictional Waters Delineation 4 6 52 92 60 214 $28,452

3.7 Biological Assessment 8 4 88 168 60 328 $44,159
Task 5 Environmental Permitting 1,555 $266,309

5.2 Section 401 (RWQCB) Permit - Geotechnical Investigations 10 8 32 48 98 $15,289

5.3 Section 404 (USACE) Permit - Geotechnical Investigations 10 8 40 48 106 $16,617

5.4 Section 1602 (CDFW) Permit - Geotechnical Investigations 10 8 40 48 106 $16,617

5.5 Section 408-EA / Outgrant (USACE) - Geotechnical Investigations 16 30 180 10 236 $47,087

5.2 Section 401 (RWQCB) Permit - Design 10 8 80 50 148 $23,505

5.3 Section 404 (USACE) Permit - Design 10 8 80 52 150 $23,750

5.4 Section 1602 (CDFW) Permit - Design 10 8 80 50 148 $23,505

5.4 Section 408-EA / Outgrant (USACE) - Design 17 30 244 16 307 $60,551 Mitgation Plan 12 24 88 132 256 $39,387
Budget
Per Task
Total
Hours
RUTH VILLALOBOS & ASSOCIATES, INC.

C-15
376
Pine Avenue Connector / Bridge Project
Ruth Villalobos Juan
Villalobos
Priyo
Majumdar
Miranda
Villalobos
Justinne
Manahan
Zach Jensen Ali Razo
Task
Environmental
Director/QAQC
Environmental
PM Section 408
Senior
Regulatory/
Biologist
Biologist/
Permitting Biologist PM Assistant/ Admin
Budget
Per Task
Total
Hours
RUTH VILLALOBOS & ASSOCIATES, INC.

Subtotal Hours 290 393 444 892 1,300 400 96 3,815
Direct Rate / Actual Hourly Rate $100.00 $80.00 $75.00 $65.00 $48.00 $41.00 $65.00 Indirect Rate 120.00% 120.00% 120.00% 120.00% 120.00% 120.00% 120.00% Profit 10% 10% 10% 10% 10% 10% 10%
Salary Increases 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% 5.58% Fully Burdened Hourly Rate $255.49 $204.39 $191.62 $166.07 $122.64 $104.75 $166.07 Subtotal Budget $74,093 $80,327 $85,079 $148,134 $159,427 $41,901 $15,943 $604,902 Other Direct Costs (ODC)
Mileage $1,500 $1,500
Reproduction (documents) $188 $188
ODC 3 $0 $0
ODC 4 $0 $0
ODC 5 $0 $0
ODC 6 $0 $0
TOTALS $606,589
Notes: The rates provided above are fully burdened, including labor burden, overhead and 10% profit.

The billing will be done based on the actual rates for the individuals who work on the project, at the time they perform their work.

C-16
377
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Biggs Cardosa Associates, Inc.

Project No. Contract No. Date 10/15/2025
Hours Actual
Hourly Rate Total
PIC / PM 413 107.88 $ 44,554.44 $
Structures Manager 1310 70.10 $ 91,831.00 $
Associate 332 91.12 $ 30,251.84 $
Engineering Manager 436 80.19 $ 34,962.84 $
Senior Engineer 412 71.09 $ 29,289.08 $
Project Engineer 1000 60.24 $ 60,240.00 $
Staff Engineer 1276 51.71 $ 65,981.96 $
Assistant Engineer 2080 44.86 $ 93,308.80 $
Junior Engineer 744 38.63 $ 28,740.72 $
Sr. Computer Drafter 1768 55.91 $ 98,848.88 $
BIM/Visualization Specialist 324 45.58 $ 14,767.92 $
Project Administrator 326 77.60 $ 25,297.60 $

LABOR COSTS
$ 618,075.08
$ 70,649.84
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 688,724.92

INDIRECT COSTS

56.00% ) e) Total Fringe Benefits [(c) x (d)] 385,685.96 $ 103.79% ) g) Overhead [(c) x (f)] 714,827.60 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 1,100,513.56 $ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 178,923.85 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
500 Mile $0.70 350.00 $
1 LS $250.00 250.00 $
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 600.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Arellano Associates $419,667
Earth Mechanics, Inc. $499,484
EXP $100,479
Fehr & Peers $304,684
ICF Jones & Stokes $1,351,544
MNS Engineers $1,235,789
Monument $279,700
Q3 Consulting $198,287
RVA $606,589
m) TOTAL SUBCONSULTANTS' COSTS $4,996,225
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 4,996,824.66 TOTAL COST [(c) + (j) + (k) + (n)] $ 6,964,986.99
NOTES:

1. 2.

3. Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 9:

Subconsultant 8:
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Mileage
Reproduction
Subconsultant 1:
a) Subtotal Direct Labor Costs
Note: Mark-ups are Not Allowed
ST261

DIRECT LABOR
Classification/Title Name
Eric Pheifer*
John Leimberger*
C-17 378
Consultant
Project No. Contract No. Date 10/15/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 618,075.08 = $ 59.31 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 59.31 + = $ 62.28 Year 2 Avg Hourly Rate
Year 2 $ 62.28 + = $ 65.39 Year 3 Avg Hourly Rate
Year 3 $ 65.39 + = $ 68.66 Year 4 Avg Hourly Rate
Year 4 $ 68.66 + = $ 72.09 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 5.00% * = 521.1 Estimated Hours Year 1
Year 2 15.00% * = 1563.2 Estimated Hours Year 2
Year 3 35.00% * = 3647.4 Estimated Hours Year 3
Year 4 45.00% * = 4689.5 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 10421.0
Year 1 $ 59.31 * = $ 30,903.75 Estimated Hours Year 1
Year 2 $ 62.28 * = $ 97,346.83 Estimated Hours Year 2
Year 3 $ 65.39 * = $ 238,499.72 Estimated Hours Year 3
Year 4 $ 68.66 * = $ 321,974.62 Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 688,724.92
= $ 618,075.08
= $ 70,649.84 Transfer to Page 1
NOTES:

1. 2.

3. 4.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 521
1563
3647
4689
0 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
10421.0
Total

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) ST261
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
10421

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Biggs Cardosa Associates, Inc.

C-18 379
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Eric Pheifer Title *: Principal / Vice President
Signature: Date of Certification: 10/15/2025
Email: [email protected] Phone number: 714.352.8312 Address: 500 S. Main Street, Suite 1200, Orange, CA 92868 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Project Management
Structural Engineering
C-19 380
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Arellano Associates
Project No. Contract No. Date 10/7/2025
Hours Actual
Hourly Rate Total
Principal-In-Charge 200 88.00 $ 17,600.00 $
Project Manager 350 63.00 $ 22,050.00 $
Deputy Project Mngr 580 55.00 $ 31,900.00 $
Creative Lead 185 59.00 $ 10,915.00 $
Project Coordinator 650 38.00 $ 24,700.00 $
Assistant Project Coord 605 28.00 $ 16,940.00 $

LABOR COSTS
$ 124,105.00
$ 6,918.85
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 131,023.85

INDIRECT COSTS

0.00% ) e) Total Fringe Benefits [(c) x (d)] - $
139.94% ) g) Overhead [(c) x (f)] 183,354.78 $
0% ) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 183,354.78 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 31,437.86 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
12800 1.00 $1.25 16,000.00 $
60 1.00 $150.00 9,000.00 $
5000 1.00 $1.20 6,000.00 $
3 1.00 $500.00 1,500.00 $
4 1.00 $2,500.00 10,000.00 $
20 1.00 $300.00 6,000.00 $
12 1.00 $1,000.00 12,000.00 $
6 1.00 $2,000.00 12,000.00 $
0 1.00 $500.00 - $
10 1.00 $100.00 1,000.00 $
500 1.00 $0.70 350.00 $
8 1.00 $0.00 - $
l) TOTAL OTHER DIRECT COSTS 73,850.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 73,850.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 419,666.50
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Edgar Gutierrez
Jason Jackson
Aja Stansell
Kyle Santiago
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Public Notice Printing and Delivery (amount not to exceed) Printing (up to 50x boards)
Translation (Spanish and Mandarin)
Subconsultant 1:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

Advertisements
General Printing (fact sheet, flyers, posters, etc.)
Online Communication Tools (web hosting, survey, helpline, etc.) Language Interpretation (Spanish and Mandarin)
Court Reporters
Event Registration Fees (assumes cities will waive event fees) Misc. Supplies, Refreshments & Participation Incentives Mileage/Parking
Venue fees for in-person mtgs. (assumes no-cost at city facilities) Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

C-20 381
Consultant
Project No. Contract No. Date 10/7/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 124,105.00 = $ 48.29 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 48.29 + = $ 50.70 Year 2 Avg Hourly Rate
Year 2 $ 50.70 + = $ 53.24 Year 3 Avg Hourly Rate
Year 3 $ 53.24 + = $ 55.90 Year 4 Avg Hourly Rate
Year 4 $ 55.90 + = $ 58.70 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 514.0 Estimated Hours Year 1
Year 2 50.00% * = 1285.0 Estimated Hours Year 2
Year 3 30.00% * = 771.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 2570.0
Year 1 $ 48.29 * = $ 24,821.00 Estimated Hours Year 1
Year 2 $ 50.70 * = $ 65,155.13 Estimated Hours Year 2
Year 3 $ 53.24 * = $ 41,047.73 Estimated Hours Year 3
Year 4 $ 55.90 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 131,023.85
= $ 124,105.00
= $ 6,918.85 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Arellano Associates
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
2570

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Estimated % Total Hours
Completed Each Year per Cost Proposal
2570.0
2570.0
2570.0
2570.0
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 514
1285
771
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2570.0
Total
C-21 382
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Genoveva L. Arellano Title *: Principal
Signature: Date of Certification: 7/16/2025
Email: [email protected] Phone number: 909.627.2974 Address: 5851 Pine Avenue, Suite A, Chino Hills, CA 91709 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Public Outreach
C-22 383
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Earth Mechanics, Inc.

Project No. Contract No. Date 10/15/2025
Hours Actual
Hourly Rate Total
Principal 100 105.70 $ 10,570.00 $
Sr. Principal Engineer / Geologist 40 105.60 $ 4,224.00 $ Principal Engineer / Geologist 100 80.60 $ 8,060.00 $
Senior Engineer / Geologist 200 71.80 $ 14,360.00 $
Sr. Project Engineer / Geologist 220 60.70 $ 13,354.00 $ Project Engineer / Geologist 180 60.30 $ 10,854.00 $
Sr. Staff Engineer / Geologist 180 53.40 $ 9,612.00 $
Staff Engineer / Geologist 180 41.80 $ 7,524.00 $
Senior Technician 300 54.10 $ 16,230.00 $
Technician 120 30.20 $ 3,624.00 $
-$ - $
-$ - $

LABOR COSTS
$ 98,412.00
$ 7,528.52
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 105,940.52

INDIRECT COSTS

50.72% ) e) Total Fringe Benefits [(c) x (d)] 53,733.03 $ 117.17% ) g) Overhead [(c) x (f)] 124,130.50 $
0% ) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 177,863.54 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 28,380.41 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
25 Day $6,000.00 150,000.00 $
1 Day $2,000.00 2,000.00 $
20 Permit $400.00 8,000.00 $
16 Test $325.00 5,200.00 $
80 Drum $250.00 20,000.00 $
3000 Mile $0.70 2,100.00 $
l) TOTAL OTHER DIRECT COSTS 187,300.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 187,300.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 499,484.46
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Alahesh Thurairajah*
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Drill Rig Rental
Traffic Control
Mileage
Subconsultant 1:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

Soil Cuttings (drums) Disposal
Well Permits
Soil Cutting Contaminants Testing
Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

C-23 384
Consultant
Project No. Contract No. Date 10/15/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 98,412.00 = $ 60.75 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 60.75 + = $ 63.79 Year 2 Avg Hourly Rate
Year 2 $ 63.79 + = $ 66.97 Year 3 Avg Hourly Rate
Year 3 $ 66.97 + = $ 70.32 Year 4 Avg Hourly Rate
Year 4 $ 70.32 + = $ 73.84 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 10.00% * = 162.0 Estimated Hours Year 1
Year 2 30.00% * = 486.0 Estimated Hours Year 2
Year 3 60.00% * = 972.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1620.0
Year 1 $ 60.75 * = $ 9,841.20 Estimated Hours Year 1
Year 2 $ 63.79 * = $ 30,999.78 Estimated Hours Year 2
Year 3 $ 66.97 * = $ 65,099.54 Estimated Hours Year 3
Year 4 $ 70.32 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 105,940.52
= $ 98,412.00
= $ 7,528.52 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Earth Mechanics, Inc.

Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1620

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Estimated % Total Hours
Completed Each Year per Cost Proposal
1620.0
1620.0
1620.0
1620.0
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 162
486
972
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
1620.0
Total
C-24 385
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Alahesh Thurairajah Title *: President
Signature: Date of Certification: 10/15/2025
Email: [email protected] Phone number: 714-751-3826 Address: 17800 Newhope Street, Suite B, Fountain Valley, CA 92708 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 541330 - Geotechnical Engineering
541380 - Laboratory Testing
C-25 386
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: EXP
Project No. Contract No. Date 7/16/2025
Hours Actual
Hourly Rate Total
Caltrans Coordinator 101 136.59 $ 13,795.59 $
Design Manager 32 122.46 $ 3,918.72 $
FHWA Coordinator 88 115.40 $ 10,155.20 $
Project Engineer 80 81.88 $ 6,550.40 $

LABOR COSTS
$ 34,419.91
$ 1,918.91
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 36,338.82

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] - $
151.12% ) g) Overhead [(c) x (f)] 54,915.22 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 54,915.22 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 9,125.40 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 LS 100.00 $
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 100.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 100.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 100,479.45
NOTES:

1. 2.

3. Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Printing
Subconsultant 1:
a) Subtotal Direct Labor Costs
Andrew Osaki
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Syed Raza
Luis Betancourt
Lismary Gavillan
C-26 387
Consultant
Project No. Contract No. Date 7/16/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 34,419.91 = $ 114.35 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 114.35 + = $ 120.07 Year 2 Avg Hourly Rate
Year 2 $ 120.07 + = $ 126.07 Year 3 Avg Hourly Rate
Year 3 $ 126.07 + = $ 132.38 Year 4 Avg Hourly Rate
Year 4 $ 132.38 + = $ 139.00 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 60.2 Estimated Hours Year 1
Year 2 50.00% * = 150.5 Estimated Hours Year 2
Year 3 30.00% * = 90.3 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 301.0
Year 1 $ 114.35 * = $ 6,883.98 Estimated Hours Year 1
Year 2 $ 120.07 * = $ 18,070.45 Estimated Hours Year 2
Year 3 $ 126.07 * = $ 11,384.39 Estimated Hours Year 3
Year 4 $ 132.38 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 36,338.82
= $ 34,419.91
= $ 1,918.91 Transfer to Page 1
NOTES:

1. 2.

3. 4.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 60 151
90 0
0 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
301.0
Total

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
301

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
EXP
C-27 388
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Syed Raza Title *: Vice President
Signature: Date of Certification: 7/16/2025
Email: [email protected] Phone number: 909.217.5779
Address: 1650 Iowa Avenue Suite 110, Riverside CA 92507 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Caltrans Interchange Coordination
C-28 389
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Fehr & Peers
Project No. Contract No. Date 7/16/2025
Hours Actual
Hourly Rate Total
Principal 74 116.50 $ 8,621.00 $
Senior Associate 174 83.50 $ 14,529.00 $
Senior Engineer 291 59.00 $ 17,169.00 $
Transportation Engineer III 148 59.00 $ 8,732.00 $
Transportation Engineer II 568 51.50 $ 29,252.00 $
GIS Technician 52 53.00 $ 2,756.00 $
Supporting Staff 102 50.00 $ 5,100.00 $

LABOR COSTS
$ 86,159.00
$ 6,760.90
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 92,919.90

INDIRECT COSTS

60.79% ) e) Total Fringe Benefits [(c) x (d)] 56,486.01 $ 118.33% ) g) Overhead [(c) x (f)] 109,952.11 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 166,438.12 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 25,935.80 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 1.00 $1,000.00 1,000.00 $
30 1.00 $350.00 10,500.00 $
22 1.00 $180.00 3,960.00 $
16 1.00 $180.00 2,880.00 $
2 1.00 $525.00 1,050.00 $
$ -
l) TOTAL OTHER DIRECT COSTS 19,390.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 19,390.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 304,683.82
NOTES:

1. 2.

3. Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

ODC 5 - Freeway Segent Counts
ODC 3 - Segment Counts
ODC 4 - Ramp Counts
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
ODC 1 - Mileage
ODC 2 - Intersection Counts
ODC 6
Subconsultant 1:
a) Subtotal Direct Labor Costs
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
C-29 390
Consultant
Project No. Contract No. Date 7/16/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 86,159.00 = $ 61.15 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 61.15 + = $ 65.43 Year 2 Avg Hourly Rate
Year 2 $ 65.43 + = $ 70.01 Year 3 Avg Hourly Rate
Year 3 $ 70.01 + = $ 74.91 Year 4 Avg Hourly Rate
Year 4 $ 74.91 + = $ 80.15 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 281.8 Estimated Hours Year 1
Year 2 50.00% * = 704.5 Estimated Hours Year 2
Year 3 30.00% * = 422.7 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1409.0
Year 1 $ 61.15 * = $ 17,231.80 Estimated Hours Year 1
Year 2 $ 65.43 * = $ 46,095.07 Estimated Hours Year 2
Year 3 $ 70.01 * = $ 29,593.03 Estimated Hours Year 3
Year 4 $ 74.91 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 92,919.90
= $ 86,159.00
= $ 6,760.90 Transfer to Page 1
NOTES:

1. 2.

3. 4.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 282
705
423
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
1409.0
Total

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
7%
7%
7%
7%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) OC25-P2705
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1409

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Fehr & Peers
C-30 391
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Steven J. Brown Title *: Senior Vice President
Signature: Date of Certification: 7/15/2025
Email: [email protected] Phone number: (949) 306-3308 Address: 101 Pacifica, Ste 300, Irvine, CA 92618
List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Traffic
C-31 392
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: ICF Jones & Stokes, Inc.

Project No. Contract No. Date 10/3/2025
Hours Actual
Hourly Rate Total
Sr Project Director Field OH 514 $ 110.92 $ 57,012.88
Senior Consultant III Field OH 1460 $ 70.06 $ 102,287.60 Environmental Technician II Field OH 1318 $ 37.28 $ 49,135.04 Senior Consultant I Field OH 392 $ 56.18 $ 22,022.56
Consultant I Field OH 130 $ 50.17 $ 6,522.10
Senior Consultant III Field OH 198 $ 63.99 $ 12,670.02
GIS Analyst / Cartography Field OH 68 $ 39.24 $ 2,668.32 Senior Consultant I Field OH 46 $ 54.82 $ 2,521.72
Environmental Technician II Field OH 16 $ 36.83 $ 589.28 Associate Consultant II Field OH 376 $ 43.51 $ 16,359.76 Project Director Field OH 16 $ 85.88 $ 1,374.08
Managing Consultant Field OH 32 $ 76.24 $ 2,439.68
Managing Consultant Field OH 107 $ 77.57 $ 8,299.99
Consultant II Field OH 214 $ 52.09 $ 11,147.26
Environmental Technician I Field OH 90 $ 36.62 $ 3,295.80 Senior Consultant I Field OH 32 $ 55.34 $ 1,770.88
Associate Consultant II Field OH 64 $ 46.32 $ 2,964.48
Senior Consultant III Field OH 155 $ 66.43 $ 10,296.65
Environmental Technician I Field OH 58 $ 36.56 $ 2,120.48 Environmental Technician I Field OH 28 $ 36.28 $ 1,015.84 Associate Consultant I Field OH 54 $ 40.55 $ 2,189.70
Senior Consultant III Field OH 30 $ 68.34 $ 2,050.20
Consultant I Field OH 84 $ 49.01 $ 4,116.84
Senior Consultant III FTE/Home OH 540 $ 62.29 $ 33,636.60 Project Director FTE/Home OH 205 $ 84.45 $ 17,312.25
Consultant I FTE/Home OH 318 $ 46.44 $ 14,767.92
Project Director FTE/Home OH 39 $ 93.76 $ 3,656.64
Associate Consultant I FTE/Home OH 126 $ 38.46 $ 4,845.96 Senior Consultant I FTE/Home OH 166 $ 51.92 $ 8,618.72
Senior Consultant III FTE/Home OH 33 $ 61.88 $ 2,042.04 Consultant II FTE/Home OH 150 $ 50.18 $ 7,527.00
Associate Consultant I On Call OH 156 $ 43.98 $ 6,860.88 Senior Technical Analyst On Call OH 60 $ 82.00 $ 4,920.00 Associate Consultant I On Call OH 68 $ 45.58 $ 3,099.44 Invoicing FTE/Home OH 30 $ 40.00 $ 1,200.00

LABOR COSTS
$ 433,358.61
$ 26,434.88
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 459,793.49
INDIRECT COSTS for FIELD staff 145.76%

40.61% ) e) Total Fringe Benefits [(c) x (d)] $ 139,977.92 105.15% ) g) Overhead [(c) x (f)] $ 362,439.75
INDIRECT COSTS for FTE/HOME staff 202.38%

40.86% ) e) Total Fringe Benefits [(c) x (d)] $ 40,580.99 161.52% ) g) Overhead [(c) x (f)] $ 160,417.08
INDIRECT COSTS for ON CALL staff 69.68%

16.64% ) e) Total Fringe Benefits [(c) x (d)] $ 2,627.13

53.04% ) g) Overhead [(c) x (f)] $ 8,373.97
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 714,416.84
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 117,421.03 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:

Lin, Frances
Varied Staff
Richards, Phillip
Klinefelter, Kristen
Vargas, Benjamin
Smith-Escalera, Shannon
Galvez, Hector Manuel
Colon-Morales, Magaly
Markham, John
Mountain-Castro, Jenelle
Irvin, Elizabeth
Hardie, Jon
Hallman, Ryan
Crawford, Karen
Hambley, Brooke
Downs, Lauren
Yates, Timothy
Hoisington, Greg
Martin, Colleen
Baker, Vincent
Roderick, Margaret
Sukola, Katrina
Jameson, Megan
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Calvert, Brian
Yasui, Youji
Franklin, Nina
Garcia, Johnnie
Barrera, Mario
Brown, Sheryl
Klier, John
Giffen, Teresa
Witters, Roxana
Rzeszutko, Jakob
Higginson, Jonathan
Anderson, Keturah
C-32 393
Quantity Unit Unit Cost Total
$ 425.00
$ 2,000.00
$ 5,500.00
$ 250.00
$ 750.00
9643 mile $0.70 $ 6,750.10
$ 100.00
$ 4,000.00
$ 250.00
l) TOTAL OTHER DIRECT COSTS $ 20,025.10
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Bargas Environmental Consulting, LLC $21,733
Group Delta Consultants, Inc. $18,155
m) TOTAL SUBCONSULTANTS' COSTS $39,888
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 59,913.10 TOTAL COST [(c) + (j) + (k) + (n)] $ 1,351,544.46
NOTES:

1. 2.

3. Consultant
Project No. Contract No. Date 10/3/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 433,358.61 = $ 58.78 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 58.78 + = $ 61.72 Year 2 Avg Hourly Rate
Year 2 $ 61.72 + = $ 64.80 Year 3 Avg Hourly Rate
Year 3 $ 64.80 + = $ 68.04 Year 4 Avg Hourly Rate
Year 4 $ 68.04 + = $ 71.44 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 1474.6 Estimated Hours Year 1
Year 2 40.00% * = 2949.2 Estimated Hours Year 2
Year 3 40.00% * = 2949.2 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 7373.0
Year 1 $ 58.78 * = $ 86,671.72 Estimated Hours Year 1
Year 2 $ 61.72 * = $ 182,010.62 Estimated Hours Year 2
Year 3 $ 64.80 * = $ 191,111.15 Estimated Hours Year 3
Year 4 $ 68.04 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 459,793.49
Subconsultant 2:
1475
2949
2949
0 0
Total Direct Labor Cost with Escalation
7373.0
Total

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
7373
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Anticipated salary increases calculation (page 2) must accompany.

CEQA (CDFG) Filing Fee
Travel, Auto, incld. Mileage at current IRS rate (.70/mile) County Clerk Filing Fees

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
ICF Jones & Stokes, Inc.

Description of Item
Meals, and Lodging
Cultural Resources Records Search
Project Supplies
Subconsultant 1:

Reproductions
Equipment Rental
Postage and Delivery
C-33 394
= $ 433,358.61
= $ 26,434.88 Transfer to Page 1
NOTES:

1. 2.

3. 4.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification:

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided.

Certification of Direct Costs:

Environmental documentation.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

Karolyn R. Gardner Sr. VP, Contracts Procurement & Pricing 10/03/2025
[email protected] 571-499-7571
1902 Reston Plaza, Reston, VA 20190
C-34 395
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: MNS Engineers, Inc.

Project No. Contract No. Date 10/3/2025
Hours Actual
Hourly Rate Total
Principal/Project Manager 136 137.98 $ 18,765.38 $
Lead Engineer 285 95.00 $ 27,075.00 $
Lead Electrical/ITS 179 95.00 $ 17,005.00 $
Lead Traffic Design 325 80.00 $ 25,960.00 $
Sr. Project Engineer 618 80.00 $ 49,440.00 $
Project Engineer 366 65.00 $ 23,790.00 $
Associate Engineer 1579 45.00 $ 71,055.00 $
Assistant Engineer 1490 37.00 $ 55,111.50 $
Engineering Technician 459 30.00 $ 13,770.00 $
Principal Surveyor 120 95.00 $ 11,400.00 $
Assistant Principal Surveyor 438 60.00 $ 26,280.00 $
Party Chief 242 67.00 $ 16,214.00 $
Chain Person 242 67.00 $ 16,214.00 $
Senior Project/Program Manager (Bridge) 70 117.79 $ 8,245.30 $ Principal Engineer (Bridge) 80 111.06 $ 8,884.80 $
Supervising Engineer (Bridge) 370 85.00 $ 31,450.00 $
Project Engineer (Bridge) 80 70.00 $ 5,600.00 $
Project Engineer (Bridge) 80 70.00 $ 5,600.00 $

LABOR COSTS
$ 431,859.98
$ 10,904.46
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 442,764.44

INDIRECT COSTS

61.03% ) e) Total Fringe Benefits [(c) x (d)] 270,197.00 $

74.34% ) g) Overhead [(c) x (f)] 329,128.95 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 599,325.95 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 104,209.04 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 LS $40,000.00 40,000.00 $
2850 LS $0.70 1,995.00 $
1 LS $47,495.00 47,495.00 $
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 89,490.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 89,490.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 1,235,789.43
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Brandon Reyes
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Potholing - Potholing Contractor
Mileage
ODC 6
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Anticipated salary increases calculation (page 2) must accompany.

ODC 5
Aerial Topo
ODC 4
C-35 396
Consultant
Project No. Contract No. Date 10/3/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 431,859.98 = $ 60.33 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 60.33 + = $ 63.35 Year 2 Avg Hourly Rate
Year 2 $ 63.35 + = $ 66.52 Year 3 Avg Hourly Rate
Year 3 $ 66.52 + = $ 69.84 Year 4 Avg Hourly Rate
Year 4 $ 69.84 + = $ 73.33 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 60.00% * = 4294.8 Estimated Hours Year 1
Year 2 30.00% * = 2147.4 Estimated Hours Year 2
Year 3 10.00% * = 715.8 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 7158.0
Year 1 $ 60.33 * = $ 259,115.99 Estimated Hours Year 1
Year 2 $ 63.35 * = $ 136,035.89 Estimated Hours Year 2
Year 3 $ 66.52 * = $ 47,612.56 Estimated Hours Year 3
Year 4 $ 69.84 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 442,764.44
= $ 431,859.98
= $ 10,904.46 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
MNS Engineers, Inc.

Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
7158

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Estimated % Total Hours
Completed Each Year per Cost Proposal
7158.0
7158.0
7158.0
7158.0
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 4295
2147
716
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
7158.0
Total
C-36 397
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Brandon Reyes Title *: Vice President
Signature: Date of Certification: 10/3/2025
Email: [email protected] Phone number: 951-532-4510 Address: 3850 Vine Street, Suite 100, Riverside, CA 92507 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Roadway and Traffic Design. Structural Independent Check.

C-37 398
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Monument
Project No. Contract No. Date 7/16/2025
Hours Actual
Hourly Rate Total
Principal In Charge 15 111.42 $ 1,671.30 $
Sr. Project Manager 184 87.98 $ 16,188.32 $
Utility Manager 134 74.52 $ 9,985.68 $
Sr. Agent 235 55.29 $ 12,993.15 $
Utility Coordinator 345 45.91 $ 15,838.95 $
Sr. Project Coordinator 154 43.27 $ 6,663.58 $
Project Controller 18 45.91 $ 826.38 $
Project Support Specialist 124 29.62 $ 3,672.88 $
Sr. Technical Advisor 8 96.54 $ 772.32 $
Sr. Analyst 41 63.65 $ 2,609.65 $
Task Lead 18 67.65 $ 1,217.70 $
Analyst 40 42.26 $ 1,690.40 $

LABOR COSTS
$ 74,130.31
$ 4,132.76
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 78,263.07

INDIRECT COSTS

38.20% ) e) Total Fringe Benefits [(c) x (d)] 29,896.49 $

65.06% ) g) Overhead [(c) x (f)] 50,917.96 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 80,814.45 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 15,907.75 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
9 Each $1,000.00 9,000.00 $
1 Each $6,000.00 6,000.00 $
8 Each $7,500.00 60,000.00 $
9 Each $3,000.00 27,000.00 $
Actual Actual Federal Rate 1,500.00 $
Actual Actual Actual 1,214.72 $
l) TOTAL OTHER DIRECT COSTS 104,714.72 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 104,714.72 TOTAL COST [(c) + (j) + (k) + (n)] $ 279,700.00
NOTES:

1. 2.

3. Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

Mileage
Appraisals (USACE & OCFCD)
Review Appraisals
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Preliminary Title Reports (9 @ $1,000)
Appraisals (Private parcels)
Postage
Subconsultant 1:
a) Subtotal Direct Labor Costs
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Kim Bibolet
Curtis Bibolet
C-38 399
Consultant
Project No. Contract No. Date 7/16/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 74,130.31 = $ 56.33 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 56.33 + = $ 59.15 Year 2 Avg Hourly Rate
Year 2 $ 59.15 + = $ 62.10 Year 3 Avg Hourly Rate
Year 3 $ 62.10 + = $ 65.21 Year 4 Avg Hourly Rate
Year 4 $ 65.21 + = $ 68.47 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 263.2 Estimated Hours Year 1
Year 2 50.00% * = 658.0 Estimated Hours Year 2
Year 3 30.00% * = 394.8 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1316.0
Year 1 $ 56.33 * = $ 14,826.06 Estimated Hours Year 1
Year 2 $ 59.15 * = $ 38,918.41 Estimated Hours Year 2
Year 3 $ 62.10 * = $ 24,518.60 Estimated Hours Year 3
Year 4 $ 65.21 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 78,263.07
= $ 74,130.31
= $ 4,132.76 Transfer to Page 1
NOTES:

1. 2.

3. 4.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 263
658
395
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
1316.0
Total

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1316

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Monument
C-39 400
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Joey Mendoza Title *: Vice President
Signature: Date of Certification: 7/14/2025
Email: [email protected] Phone number: 949.378.0687 Address: 200 Spectrum Center Suite 300, Irvince CA 92618 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Right of Way Appraisals & Acquisition, Utility Coordination & Agreements C-40 401
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Q3 Consulting
Project No. Contract No. Date 9/30/2025
Hours Actual
Hourly Rate Total
Principal 44 96.56 $ 4,248.64 $
Sr. PM 324 84.42 $ 27,352.08 $
Project Eng. 220 51.90 $ 11,418.00 $
Design Eng. 640 39.00 $ 24,960.00 $
Admin 56 32.75 $ 1,834.00 $

LABOR COSTS
$ 69,812.72
$ 1,897.51
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 71,710.23

INDIRECT COSTS

91.98% ) e) Total Fringe Benefits [(c) x (d)] 65,959.07 $

58.00% ) g) Overhead [(c) x (f)] 41,591.93 $
0% ) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 107,551.00 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 17,926.12 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
500 mi $0.70 350.00 $
50 sheet $9.00 450.00 $
1 ea. $300.00 300.00 $
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 1,100.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,100.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 198,287.36
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
McCarthy
Candaele
Tong
Hemati
Rokhberg
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Mileage
Reprographics for meetings (36x48)
ODC 6
Subconsultant 1:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

ODC 5
Hard Drive/Submittal to USACE
ODC 4
Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

C-41 402
Consultant
Project No. Contract No. Date 9/30/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 69,812.72 = $ 54.37 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 54.37 + = $ 56.00 Year 2 Avg Hourly Rate
Year 2 $ 56.00 + = $ 57.68 Year 3 Avg Hourly Rate
Year 3 $ 57.68 + = $ 59.41 Year 4 Avg Hourly Rate
Year 4 $ 59.41 + = $ 61.20 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 30.00% * = 385.2 Estimated Hours Year 1
Year 2 50.00% * = 642.0 Estimated Hours Year 2
Year 3 20.00% * = 256.8 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1284.0
Year 1 $ 54.37 * = $ 20,943.82 Estimated Hours Year 1
Year 2 $ 56.00 * = $ 35,953.55 Estimated Hours Year 2
Year 3 $ 57.68 * = $ 14,812.86 Estimated Hours Year 3
Year 4 $ 59.41 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 71,710.23
= $ 69,812.72
= $ 1,897.51 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Q3 Consulting
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1284

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
3%
3%
3%
3%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Estimated % Total Hours
Completed Each Year per Cost Proposal
1284.0
1284.0
1284.0
1284.0
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 385
642
257
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
1284.0
Total
C-42 403
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: John McCarthy Title *: Principal/Secretary
Signature: Date of Certification: 9/30/2025
Email: [email protected] Phone number: 949.259.6730 Address: 27051 Towne Centre Drive, Suite 270, Foothill Ranch, CA 92610 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. - USACE No Regional Adverse Impact Study and Modeling
- Caltrans Local Hydraulic Study
- Hydrology & Hydraulic Report
- Public Transportation Project WQMP
C-43 404
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Ruth Villalobos & Associates, Inc.

Project No. Contract No. Date 10/4/2025
Hours Actual
Hourly Rate Total
Environmental Director 290 100.00 $ 29,000.00 $
Env Project Manager 393 80.00 $ 31,440.00 $
Section 408 444 75.00 $ 33,300.00 $
Senior Biologist/Permitting 892 65.00 $ 57,980.00 $
Biologist/Permitting 1300 48.00 $ 62,400.00 $
Biologist 400 41.00 $ 16,400.00 $
PM Assistant/Admin 96 65.00 $ 6,240.00 $

LABOR COSTS
$ 236,760.00
$ 13,199.37
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 249,959.37

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] - $
120.00% ) g) Overhead [(c) x (f)] 299,951.24 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 299,951.24 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 54,991.06 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
5000 per mile $0.30 1,500.00 $
750 per page $0.25 187.50 $
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS 1,687.50 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,687.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 606,589.18
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Ruth Villalobos
Juan Villalobos
Priyo Majumdar
Miranda Villalobos
Justinne Manahan
Zach Jensen
Ali Razo
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Mileage
Reproduction (documents)
ODC 6
Subconsultant 1:

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 8:

ODC 5
ODC 3
ODC 4
Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Subconsultant 6:

Subconsultant 7:

C-44 405
Consultant
Project No. Contract No. Date 10/4/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 236,760.00 = $ 62.06 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 62.06 + = $ 65.16 Year 2 Avg Hourly Rate
Year 2 $ 65.16 + = $ 68.42 Year 3 Avg Hourly Rate
Year 3 $ 68.42 + = $ 71.84 Year 4 Avg Hourly Rate
Year 4 $ 71.84 + = $ 75.43 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 763.0 Estimated Hours Year 1
Year 2 50.00% * = 1907.5 Estimated Hours Year 2
Year 3 30.00% * = 1144.5 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 3815.0
Year 1 $ 62.06 * = $ 47,352.00 Estimated Hours Year 1
Year 2 $ 65.16 * = $ 124,299.00 Estimated Hours Year 2
Year 3 $ 68.42 * = $ 78,308.37 Estimated Hours Year 3
Year 4 $ 71.84 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 249,959.37
= $ 236,760.00
= $ 13,199.37 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Ruth Villalobos & Associates, Inc.

Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
3815

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Estimated % Total Hours
Completed Each Year per Cost Proposal
3815.0
3815.0
3815.0
3815.0
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 763
1908
1145
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
3815.0
Total
C-45 406
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Juan Villalobos Title *: Principal
Signature: Date of Certification: 10/4/2025
Email: [email protected] Phone number: (909)289-0621 Address: 3602 Inland Empire Blvd, Suite C310, Ontario, CA 91764 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

USACE Coordination & Permitting; Biological Resources
C-46 407
01225.0001/863604.2 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”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
408
Activity ID Activity Name Original
Duration
Start Finish
Pine Avenue Connector / Bridge 1280 16-Sep-25 12-Aug-30 A1000 Notice to Proceed 0 16-Sep-25*
Project Management & Administration 20 16-Sep-25 13-Oct-25 A1010 Project Management Plan 20 16-Sep-25 13-Oct-25
A1015 Quality Management System Manual 20 16-Sep-25 13-Oct-25 A1020 Baseline Project Controls 10 16-Sep-25 29-Sep-25
Project Approval / Environmental Document (PA/ED) Phase 1130 14-Oct-25 11-Feb-30 Data Collection & Preliminary Engineering 160 14-Oct-25 25-May-26 A1030 Survey, Right of Way, and Utility Base Mapping 60 14-Oct-25 05-Jan-26 A1040 Traffic Data Collection & Traffic Analyses 100 11-Nov-25 30-Mar-26 A1050 Preliminary Roadway Plans 40 06-Jan-26 02-Mar-26
A1060 Preliminary Bridge Plans 40 17-Feb-26 13-Apr-26
A1065 Structure Type Selection Report 20 14-Apr-26 11-May-26 A1070 Preliminary Foundation Report 30 06-Jan-26 16-Feb-26 A1080 Preliminary Hydraulics Report 30 14-Apr-26 25-May-26 A1090 30% Submittal 0 25-May-26
Caltrans Local Assistance Coordination 90 12-May-26 14-Sep-26 A1100 Caltrans LAPM Field Review 0 22-Jun-26
A1110 Caltrans Structure Type Selection Report Review 90 12-May-26 14-Sep-26 Environmental / Permitting 950 23-Jun-26 11-Feb-30
A1120 Preliminary Environmental Study (PES) 50 23-Jun-26 31-Aug-26 A1130 Environmental Surveys & Technical Studies 200 01-Sep-26 07-Jun-27 A1140 CEQA EIR / NEPA Document Preparation 450 08-Jun-27 26-Feb-29 A1150 Environmental Clearance 0 26-Feb-29
A1160 Section 400/1600 Permits (Borings & Potholing) 200 18-Jan-28 24-Oct-28 A1170 Section 401/404/408/1602 Permits (Construction) 250 27-Feb-29 11-Feb-30 Plans, Specifications & Estimates (PS&E) Phase 470 24-Oct-28 12-Aug-30 A1180 60% Plans & Cost Estimates 150 27-Feb-29 24-Sep-29 A1185 Reports (Geotechnical, Hydrology & Hydraulics, Etc.) 200 24-Oct-28 30-Jul-29 A1190 QA/QC Activities (Level 1 Internal & Level 2 Interdisciplinary) 20 25-Sep-29 22-Oct-29 A1200 60% Submittal 0 22-Oct-29
A1210 90% Submittal 0 25-Feb-30
A1220 100% Submittal 0 20-May-30
A1230 E-76 for Construction 40 18-Jun-30 12-Aug-30
A1240 Issued for Bid Submittal 0 12-Aug-30
Right of Way (ROW) Phase 340 27-Feb-29 17-Jun-30
A1250 E-76 for Right of Way 40 27-Feb-29 23-Apr-29
A1260 Right of Way Appraisals & Acquisitions 300 24-Apr-29 17-Jun-30 A1270 Utility Notifications & Relocation Agreements 150 24-Apr-29 19-Nov-29 A1280 Right of Way Certification 0 17-Jun-30
Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 2025 2026 2027 2028 2029 2030 2031
Notice to Proceed
30% Submittal
Caltrans LAPM Field Review
Environmental Clearance
60% Submittal
90% Submittal
100% Submittal
Issued for Bid Submittal
Right of Way Certification
Remaining Level of Effort
Actual Level of Effort
Primary Baseline
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary
QA/QC periods are built into the schedule to ensure adequate time to follow the procedures of the project-specific Quality Management System Manual that we will develop for the project.

Shortly after Notice to Proceed, we will develop a project-specific Project Management Plan, Quality Management System Manual, and baseline project controls like a fully detailed schedule (this schedule has been condensed to provide a high-level overview of the major activities).

Caltrans Local Assistance has recently required that Structure Type Selection Reports be reviewed by Structures Local Assistance prior to NEPA clearance. We will start preparing this report early both to satisfy that requirement, and to fully define the type and cost of one of the most expensive elements of the Pine Avenue Connector / Bridge Project.

The 30% Submittal is a critical milestone, and we will work rapidly to get that submittal to the Cities and to Caltrans. Shortly thereafter, we will conduct a Field Review as required by the Caltrans LAPM. The 30% Submittal will also give us sufficient detail to develop a fully-defined project description for the CEQA EIR and the NEPA document.

The environmental activities will be the major driver of the critical path schedule. This is a highly-sensitive area subject to USACE review and Caltrans Local Assistance oversight due to federal funding. Our team's experience with USACE, Caltrans, and within the Prado Basin will help to keep this critical path item as streamlined as possible.

We will get Section 400/1600 permissions for geotechnical borings and potholing ahead of clearance for construction of the overall project. This will allow us to conduct these exploratory activities needed for final design off of the critical path.

Once the project has been environmentally cleared, we will work with Caltrans to get authorization for the right of way phase via an E-76. Design elements impacting right of way will be progressed ahead of the overall 60% submittal so that this long-lead activity can be started as soon as possible.

The Caltrans LAPM does
not permit final design
activities until the
environmental phase has
been completed. We
have the depth of staff to
progress the final design
milestones quickly.

EXHIBIT “D-1”

SCHEDULE
D-2
409
01225.0001/863604.2 E-1
EXHIBIT “E”

TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
410
01225.0001/863604.2 E-2
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 411
01225.0001/863604.2 E-3
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S.

Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the EXHIBIT "E"

TITLE VI ASSURANCES

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned non-discrimination conditions, the Department will have a right to enter or reenter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 412
01225.0001/863604.2 E-4

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
EXHIBIT "E"

TITLE VI ASSURANCES
413
01225.0001/863604.2 E-5

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

EXHIBIT "E"

TITLE VI ASSURANCES
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
414
01225.0001/863604.2 E-6

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with EXHIBIT "E"

TITLE VI ASSURANCES
415
01225.0001/863604.2 E-7
disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 416
01225.0001/863604.2 F-1
EXHIBIT "F"

PROMPT PAYMENT CERTIFICATION FORM
417

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Amendment to the Construction Reimbursement Agreement for the Ontario Ranch Business Park Project (referred to as the REDA Project) - Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements Project R2501.
..end

RECOMMENDATION
..recommendation
1) Approve a budget amendment, as shown in the Fiscal Impact section of this report, reallocating and updating project funding sources for Project R2501 (Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements) to reflect approved change order work and updated cost allocations among appropriate funding sources, and increase the total project budget by $1,983,767, for a revised total project budget not to exceed $17,692,868; 2) appropriate $2,322,542 to the Transportation Fund 320 with a back fill from the Citywide Circulation Development Impact Fee Fund 220 to support the revised project budget and reduce the Preserve Fund 260 budget by ($338,775); 3) approve an amendment to the Construction Reimbursement Agreement between the City of Chino and Euclid Land Venture, LLC, a Delaware limited liability company, increasing the reimbursement amount by $1,983,767 for a total not-to-exceed amount of $17,692,868; and 4) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The budget adjustment includes an additional appropriation of $2,322,542 from the Citywide Circulation DIF Fund (220) to address increased costs associated with Euclid Avenue change orders and additive work with a budget reduction of ($338,775) from the Preserve DIF Fund 260. The Merrill Avenue portion of the project is anticipated to close with a surplus of $338,775, which will be returned to the Preserve Circulation DIF fund balance as summarized in the table below.

Funding Source Original
Budget
Budget
AppropriationAmendment
Revised Project
Budget
Scannell Deposit Fund
320-35335 $4,764,984 $0.00 $4,764,984
Preserve DIF (Fund 260) $5,613,104 ($338,775) $5,274,329 Citywide DIF (Fund 220) $2,021,986 $2,322,542 $4,344,528 418
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AMENDMENT TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT FOR THE

ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS THE REDA PROJECT) -

MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.

PAGE: 2
Funding Source Original
Budget
Budget
AppropriationAmendment
Revised Project
Budget
Euclid Deposits Fund 220-
24270 $3,309,027 $0.00 $3,309,027
Total Budget $15,709,101 $1,983,767 $17,692,868

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
 Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure: 3207100-40010-R2501/2601000- R2501/2201000-r2501
Transfer In: 3201000-50000 Transfer Out: 2201000-40001
419
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AMENDMENT TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT FOR THE

ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS THE REDA PROJECT) -

MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.

PAGE: 3

BACKGROUND
On October 27, 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016. The subdivision includes seven numbered lots and one lettered lot totaling approximately 80.65 acres, proposed by Euclid Land Venture, LLC (“Developer”). The project consists of an industrial and business park featuring seven warehouse buildings ranging from 43,400 to 1,099,000 square feet (sf), totaling up to 1,676,000 sf of warehouse and office uses (“Project”). The Project area is bounded by Eucalyptus Avenue to the north, Sultana Avenue to the east, Merrill Avenue to the south, and Euclid Avenue to the west, within the Ontario Ranch Business Park Specific Plan area (Exhibit A).

Under the conditions of project approval and the Development Agreement between the Developer and the City of Ontario, the Developer was required to design and construct public improvements along the north side of Merrill Avenue within the Ontario city limits. These improvements included full-width ultimate street improvements (curb, gutter, sidewalk, landscaping, and streetlights) as part of the Merrill Avenue widening.

The Developer was also conditioned to construct certain public improvements along the south side of Merrill Avenue within the City of Chino, adjacent to Chino Airport. These improvements included roadway pavement, signing and striping, curb and gutter, ADA ramps, and storm drain catch basins. The conditioned improvements did not include sidewalks, landscaping, or streetlights, as these elements were not part of Ontario’s negotiated conditions of approval. The estimated cost for these conditioned improvements is $7,015,250, inclusive of a 10% contingency and 25% soft costs.

On October 18, 2022, the Developer entered into a Public Improvement Agreement with the City of Chino, providing the required securities to guarantee completion of the conditioned improvements (Exhibit B).

Subsequently, the City and Developer mutually agreed to expand the Merrill Avenue scope to include additional improvements such as traffic signal interconnect, sidewalks, landscaping, and streetlights (beyond those required by the City of Ontario’s conditions of approval). The estimated cost for the additional improvements is $3,362,838, including 10% contingency and 25% soft costs.

The City received $5.0 million from the Scannell/FedEx project, earmarked for enhancements along the Chino Airport perimeter, primarily Merrill Avenue. A portion of these funds supported a comprehensive airport right-of-way survey, critical for implementing full-width improvements.

The remaining Scannell developer deposit is allocated toward sidewalk, landscape, and streetlight improvements along the south side of Merrill Avenue.

As part of the project approval, the Developer was also required to design and construct improvements on Euclid Avenue between Merrill and Eucalyptus Avenues within the City of Chino. These improvements include median construction and traffic mitigation work.

Over the years, developments along the Euclid Avenue corridor north of Kimball Avenue have contributed in-lieu-of-construction fees for the median and widening improvements. The City 420
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AMENDMENT TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT FOR THE

ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS THE REDA PROJECT) -

MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.

PAGE: 4
intends to utilize these deposits to offset costs associated with the Euclid Avenue work, estimated at $5,331,013, including contingencies and soft costs. While the deposits do not fully cover the City’s share, the remaining costs are being offset through the Citywide Circulation DIF program, which will be updated to include the Euclid Avenue median north of Kimball Avenue so that it’s consistent with The Preserve DIF program, which already contains the Euclid median south of Kimball Avenue.

As a result, the total estimated cost for the Merrill Avenue and Euclid Avenue improvements is $15,709,100.

On June 10, 2024, staff presented an informational update to the Infrastructure Committee outlining the Merrill and Euclid Avenue improvements, right-of-way coordination with San Bernardino County, and the forthcoming construction reimbursement agreement. The Committee expressed no objections to the proposed approach.

On July 30, 2024, the City and Developer executed a Construction Reimbursement Agreement (Exhibit C), establishing the framework for reimbursing the Developer for eligible improvement costs. Per the Agreement, the City’s Preserve and Citywide Circulation DIF programs shall fund any costs not covered by developer deposits, consistent with Chapters 3.40 and 3.45 of the Chino Municipal Code.

Per the City’s DIF Ordinance, when a developer constructs a public facility identified in the Nexus Report, they are entitled to reimbursement for eligible construction costs through an executed reimbursement agreement with the City.

ISSUES/ANALYSIS
The Merrill Avenue and Euclid Avenue improvements are nearing completion. On September 30, 2025, staff provided an update to the Infrastructure and Streets Committee outlining project progress, current expenditures, and the anticipated budget adjustment needed to close out the construction phase.

Under the DIF Construction and Reimbursement Agreement with the Developer, the project’s not-to-exceed budget was established at $15.7 million, supported by four primary funding sources:
 Merrill Avenue Improvements: Scannell/FedEx Deposit and Preserve Circulation DIF  Euclid Avenue Median Improvements: Citywide Circulation DIF and Euclid Avenue inlieu-of-construction deposits To date, the City has processed nine progress payments totaling approximately $15.4 million.

Throughout construction, City staff and the developer worked closely together to review change orders, evaluate cost impacts, and track expenditures to ensure the project remained in compliance with the reimbursement agreement.

Following a detailed cost reconciliation, the total estimated actual cost for the Merrill Avenue and Euclid Avenue improvements is now projected at $17.69 million, an increase of approximately $1.98 million from the original budget, as detailed in the Fiscal Impact section of this report.
421
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: AMENDMENT TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT FOR THE

ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS THE REDA PROJECT) -

MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.

PAGE: 5
Several factors contributed to the overall cost increase:
 Reconstruction of an existing 24-inch City domestic water line along Bon View Avenue north of Merrill Avenue to resolve a utility conflict with a planned master storm drain improvement.
 Removal of an unforeseen concrete base layer within Euclid Avenue right-of-way that conflicted with the proposed project improvements.
 Expansion of the street pavement rehabilitation limits to include southbound No. 2 Lane on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.  Installation of additional concrete pavement at the intersections of Euclid Avenue with both Eucalyptus Avenue and Merrill Avenue.

These increases were partially offset by savings in other areas, including reduced traffic signal interconnect work, unused contingency funds, and the developer’s ability to maintain 2022-unit pricing with All American Asphalt. This helped limit escalation despite rising material and labor costs throughout construction.

Completion of the Merrill Avenue and Euclid Avenue Improvement Project represents a major step forward in improving circulation and connectivity in the southern portion of the City. The project delivers full-width street improvements, upgraded utilities, landscaped parkways, and new safety enhancements along one of Chino’s most visible corridors.

As construction nears completion, staff may coordinate with the developer to reduce the performance and labor bonds to cover only the remaining work associated with the Chino Airport perimeter, including landscaping, sidewalk, streetlights, and other related frontage improvements along the south side of Merrill Avenue. Once this remaining work is completed, staff will return to the City Council for formal acceptance of the public improvements, at which time final retention will be released to the developer.

Staff and the developer have worked collaboratively from design through construction to manage costs, coordinate field changes, and minimize escalation. The outcome reflects a wellcoordinated effort that strengthens the City’s transportation network, enhances the appearance of the Airport corridor, and supports Chino’s long-term infrastructure and economic development goals.

Attachments:

Exhibit A – Location Map, PM 20016
Exhibit B – Fully Executed Public Improvement Agreement Exhibit C – Construction and Reimbursement Agreement
Exhibit D – Amendment No. 1 Construction and Reimbursement Agreement 422
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Contract # 2023- 159
Approved: 10/ 18/ 2022

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

EUCLID LAND VENTURE, LLC
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PUBLICIMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

EUCLID LAND VENTURE, LLC
Agreement Date; October 18, 2022
Developer Name: Euclid Land Venture, LLC
Description: Euclid Land Venture, LLC to construct the Ontario Ranch Business Park (ORBP) consisting of eleven parcels totaling 80. 653 acres in the City of Ontario located east of Euclid Avenue, north of Merrill Avenue, west of the unimproved right-of-way ofSultana Avenue and south of Eucalyptus Avenue.

Estimated Total Cost ofImprovements: $ 6, 241, 300. 00
Security:

Bond No.:

Surety:
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Deslgnees for the Service of Written Notice:

CITY: DEVELOPER
Jesus Plasencia
Assistant City Engineer
Euclid Land Venture, LLC
Attn: Jeff Johnston
13220 Central Avenue
Chino, CA 91710
4450 MacArthur Boulevard, Suite 100
Newport Beach, California 92660
909) 334- 3417 ( 949) 945- 6809
iiohnston(5) redaiic. com

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & inspection Supervisor
13220 Central Avenue
Chino. CA 91710
909) 334- 3501
iorteaa( a>citvofchino. ora
01225, 0005^84688. 1
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TABLE OF CONTENTS

1. Constnjction Obligations

1. 1 Works of improvement

1. 2 Other Obligations Referenced in Conditions of Approval

1. 3 Intent ofPlans

1. 4 Survey Monuments

1. 5 Performance ofWork

1. 6 Changes jn the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority ofthe City Engineer

1. 10 Documents Available atthe Site

1. 11 Inspection

1. 12 Compliance With Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Developer' s Obligation to Warn Public During Construction

1. 18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2. 1 Commencement and Completion Dates

2. 2 Liquidated Damages for Delays

2. 3 Force Majeure

2. 4 Continuous Work

3. Labor

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security

4. 1 Required Security

4. 2 Form ofSecurity Instruments

4. 3 Developer' s Liability

4. 4 LettersofCredit

4. 5 Release ofSecurity Instruments
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5. Cost of Construction and Provision of Inspection Service

5. 1 Developer Responsible for Aii Related Costs of Construction

5. 2 Payment to City for Cost of Related Inspection and Engineering Services

5. 3 Payment of Development Impact Fees

6. Acceptanceof Offers of Dedication

7. Warranty of Work

8. Default

8. 1 Default by Developer

8. 2 Remedies

8. 3 Remedies Not Exclusive

8. 4 Attorney' s Fees and Costs

8. 5 Waiver

9. Indemnity/ Hold Harmless

10. Developer' s Indemnity ofProject Approval

11. Insurance Requirements

12. Environmental Warranty

13. GeneralProvisions

13. 1 Successors and Assigns

13. 2 No Third Party Beneficiaries

13. 3 No Vesting; Rights

13. 4 Developer Is Not Agent of City

13. 5 Time ofthe Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severablllty

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority
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PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") Is entered into this 18^ day of October, 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County ofSan Bernardino, under and by virtue ofthe laws ofthe State of California, (" CITY"), and Euclid Land Venture, LLC (" DEVELOPER").

RECITALS
A. Developer is the owner of certain real property located in the City of Ontario, County of San Bernardino, State of California ( the " Propert/), as described on Exhibit " A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter setforth.

B. Developer has applied for and received City of Ontario approval to construct warehouse buildings for the Ontario Ranch Business Park, located north of Chino. ( the Project").

C. The City desires to assure that certain public infrastructure improvements proposed for the Project and located in the City of Chino will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.

D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference.

Developer agrees to timely perform all of its obligations as setforth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto as well as the work identified in the plans listed in the Drawing Log as a part of Exhibit B (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement, together with all related documents, ( the " Plans"). The estimated construction costforthe Works ofImprovement is $6, 241, 281. 75.

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing. Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.
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1. 3. Intent of Plans. The intent of the Plans referenced in Section 1. 1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer' s obligations under this Agreement.

1. 5. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order reasonable extra work or may make reasonable changes consistent with the original intended scope of work by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. These changes shall not significantly expand the scope of work originally intended under the Plans, without Developer' s written approval. The City Engineer shall notify Developer or its contractor in writing ( by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer shall mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 6. Defective Work. Developer shall repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1. 7. No Warrantv bv Citv. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy ofthe Plans or related documents.

1. 8. Authoritv of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all 01225. 0005/ 784688. 1
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questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

1. 9. Documents Available at the Site. Developer shall keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.

1. 10. Inspection. Developer shall have an authorized representative on the Job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer' s contractor( s) regarding the Works of Improvement.

Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer or its contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer or its contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City' s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable' materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1. 11. Compliance With Law: Applicable Standards for Improvements. In addition to the express provisions ofthis Agreement and the Plans, Developer shall cause construction ofthe Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions ofall necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.

Developer shall construct the improvements in accordance with the City standards in effect atthe time ofthe adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1. 12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer' s contractor to comply with law pursuant to Section

1. 12. In case of suspension of work for any cause whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/ or dust control measures, and erect temporary structures where necessary.

1. 13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 01225. 0005/ 784688. 1
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flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Pians shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1. 14. Final Acceptance of Works of Improvement. After Developer has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer has completed these items, the procedure shall then be the same as specified above for the Developer' s or its contractor' s Initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) "final" inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement ofthe work performed subsequent to the date ofthe previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City' s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed asfinal acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date ofthe Notice ofAcceptance.

1. 15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership ofthe Works ofImprovement shall vest in the City.

1. 16. Developer' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty- eight ( 48) hours' advance written notice to all neighboring property owners and tenants affected by Developer' s operations or construction of the hours, dates and duration ofany planned construction activities.

1. 17. Iniurv to Public Improvements. Public Propertv or Public Utilitv. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 01225. 0005/ 784688. 1
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surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost- of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, ofthe City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation ofthe Notice ofAcceptance ofthe work or improvemente.

2. TimeforPerformance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below.

Developer shall (i) commence with construction and installation of the Works of Improvement thirtv ( 30) davs following City' s approval of the Plans, assuming that other agencies having jurisdiction over the improvements have also issued necessary permits and approvals to begin Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) vears after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her reasonable discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension oftime for completion of the improvements. City may apply the standards in effect at the time of the extension.

2. 2. Liquidated Damages for Delays. The proposed full closure of Merrill Avenue between Euclid Avenue and Stearman Drive for the purposes of constructing storm drain facilities shall be limited to a 60 day period. Subject to Section 2. 3 below, Developer shall be liable for and shall pay to the City the sum of Five Thousand Dollars ($ 5, 000) as liquidated damages for each day of delay in the opening of Merrill Avenue to vehicle travel in both east and west directions ifsuch opening is delayed beyond such 60 day period for the completion of such storm drain work. City and Developer acknowledge and agree that it would be impractical and/ or extremely difficult to fix or establish the actual damage sustained by City as a result of such delay by Developer, and agree that the aforementioned damages for each day of delay is a reasonable approximation thereof.

2. 3. Force Maieure. Notwithstanding the provisions of Sections 2. 1 and 2. 2, Developer' s time for commencement and completion of the Works of Improvement hereunder shall be extended for the period of any enforced delay caiused due to circumstances beyond the control and without the fault of Developer, including without limitation and to the extent applicable adverse weather conditions, flood, earthquakes, fire, acts of God or of a public enemy, strikes, lockouts, labor disputes, inability to obtain labor or materials or reasonable substitutes therefor, pandemics, acts orfailures to actofa public agency (including City), delay 01225. 0005/ 784688. 1
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in issuance of permits, approvals or inspections, utility company delays, unknown utility conflicts, unforeseen adverse soils conditions, required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City' s receipt of a written notice from Developer or its contractor detailing the grounds for Developer' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination after consultation with Developer regarding the length of any extension of time for commencement and/ or completion of the Works of Improvement.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Developer shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. It is expressly acknowledged by City that there are multiple scopes of work involved with these improvements, some of which occur in the City of Ontario, and that certain work in the City of Chino that is connected to work in the City of Ontario will not be completed until such work can be performed jointly, which may produce gaps in timing of work sequence. Certain work must necessarily be completed in City of Ontario before certain work can be completed in City of Chino, and such gap in timing shall not be considered an abandonment.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, ail of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works ofImprovement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors forthe performance ofthis Agreement.

3. 3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Developer' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and 01225. 0005/ 784688. 1
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subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3. 4. Worker' s Compensation. Developer shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Securitv.

4. 1. Required Securitv.
a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4below (hereinafter " Security Instruments"):
i) A Security Instrument securing Developer' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $6, 241, 300. 00 equal to 100% of the estimated construction costreferenced in Section 1. 1.
ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 3, 120, 600. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Securitv Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $624, 100. 00 equal to 10% of the estimated construction cost set forth in Section 1. 1 or a suitable amount determined by the City Engineer.

4. 2. Form of Securitv Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirements and othenwise shall be in a form provided by City or otherwise approved by the City Attorney:
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a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A- IX, as rated by the current edition of Best' s Key Rating Guide published by A. M. Best' s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Mood/ s or Standard & Poor' s.
b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions ofSection 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Securitv Instruments.
i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Developer' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
ill) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. iv) If the Developer seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Developer to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City 01225. 0005/ 784688. 1
8 436
Engineer' s acceptance of a replacement security, the former security shall be released by the City.

4. 3. Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety orfinancial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City' s sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expiration ofthe original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as ofthe date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing. City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City' s security Interest in such account.

4. 5. Release of Securitv Instruments. The City shall release ail Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and asfollows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all ofthe following have occurred:
i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
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iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
Iv) after passage ofthe time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part6of Division 4ofthe Civil Code ofthe State of California. Iflien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Developer' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney' s fees.

5. CostofConstruction and Provision ofInspection Service.

5. 1. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.

5. 2. Pavment to Citv for Cost of Related Inspection and Engineering Services.

Developer shall compensate City for all of City' s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. PavmentofDevelopment ImpactFees. N/ A

6. Acceptance ofOffers of Dedication. N/ A

7. Warrantv of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date offinal acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen ( 15) 01225. 0005/ 784688. 1
10 438
days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/ or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default bv Developer. Default by Developer shall include, but not be limited to:
a) Subject to Section 2. 3, Developer' s failure to timely commence construction of Works of Improvement under this Agreement; b) Subject to Section 2. 3, Developer' s failure to timely complete construction of the Works of Improvement;
c) Subject to Section 2. 3, Developer' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; however, Developer' s work in City of Ontario which is necessary to continue and complete work in City of Chino shall be considered as proper performance of construction work and not a failure in timing; d) Developer' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Developer' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damages in the event of default by Developer. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City' s damages for Developer' s default shall be measured by the cost of completing the required Improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer' s surety. Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the 01225. 0005/ 784688. 1
11 439
Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event. City, without liability for doing so, may complete the Works of Improvement using any of Developer' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8. 3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer' s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of.

City' s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8. 4. Attornev' s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Developer' s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement ofthe action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.

9. Indemnitv/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a 01225. 0005/ 784688. 1
12 440
consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of improvements shall not constitute an assumption by the City ofany responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one ( 1) year; however. Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction ofthe improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions ofthis Paragraph.

Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs. Incurred by City in enforcing this Section.

10. Developer' s Indemnitv of Project Approval. Developer shall defend, indemnify, and hold harrnless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnity, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements. Developer, at Developer' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City' s authorized designee for Risk Management prior to commencing any work:
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a) Commercial General Liability poiicy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage with a $50, 000. 00 deductible:
i) Premises operations; including X, 0, and U coverage; ii) Owners' and contractors' protection;
iii) Bianket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limit for bodily injury and property damage, providing ai! of the following minimum coverage with a $50, 000. 00 deductible:
i) . Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and ail mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensation and Employers' Liability poiicy in accordance with the laws of the State of California and providing coverage for any and ail employees ofthe Developer:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies:"/ am aware ofthe provisions ofSection 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance ofthe work ofthis contract."
Prior to commencement of work, the Developer shall file with the City' s Risk Manager a Certificate of insurance or certification of 01225. 0005/ 784688. 1
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permission to self- insure workers' compensation conforming to the requirements ofthe Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each ofthe above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added asadditional insureds."
ii) " This policy shail be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall actfor each Insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." iv) " Thirty ( 30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and
Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Developer- under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shail be attached to the Certificate of Insurance which shall be provided by the Developer' s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warrantv. ( Not applicable - Developer is not dedicating anv propertv to Citv. 1 ,

13. General Provisions.
01225. 0005/ 784688. 1
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13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer' s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of improvement, whereby the third party is intended to assume Developer' s responsibilities with regard to this Agreement, ( the " Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City' s approval of this Agreement, shall remain Developer' s responsibility to maintain until such time as Developer and Its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' s responsibility to furnish replacement Security Instruments meeting the City' s approval pursuant to Section 4 of this Agreement, at which time Developer' s Security Instruments shall be released and Developer shall thereafter have no obligations hereunder. Until such time as a Transfer Agreement, meeting the City' s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City' s approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4ofthis Agreement.

13. 2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member ofthe general public, or other person or entity.

13. 3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to vest Developer' s rights with respect to any change in any zoning or building law or ordinance.

13. 4. Developer is Not Agent of Citv. Neither Developer nor Developer' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer' s obligations under this Agreement.

13. 5. Time ofthe Essence. Time is of the essence of Developer' s performance of all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
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Either party may provide a new designated representative and/ or address by written notice as provided in this Section.

13. 7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severabilitv. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13. 9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13. 10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms ofthis Agreement.

13. 11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13. 12. Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13. 13. Counterparts. This Agreement may be executed in one or more counterparts, including the execution and delivery of counterparts via electronic means without the need to exchange original signatures, all of which taken together shall be deemed one original.

14. Authoritv. The persons executing this Agreement on behalf of the parties warrant the (I) 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 of this Agreement does not violate any provisions of any other agreement to which said party is bound.

SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM:

SIGNED IN COUNTERPART
Fred Galante, City Attorney
Euclid Land Venture, LLC
A Delaware limited liability company
APPROVED ASTO CONTENT:

Nicholas 8. Ligudri, AlCP
DevelopmenrServlces Director
By: RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member
ohnstdn
President
ATTEST:

Angel^ f^obles, City Clerk
Dated: | l - ^ -2^2.^
CITYO
Reich, City Manager
Dated:_
01225, 0005^84688. 1
18 446
DocuSign Envelope ID: 6E1CCABC- FFC8- 4E11- B913- E4BB03D8D40F IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.

APPROVED ASTO FORM:

DocuSlj DocuSlgnedby:^.—
APPROVED AS TO CONTENT:
fn, l
N— 7O0FS5700FSgilggMF405
Fred Galante, City Attorney Nicholas S. ILlgudri, AlCP
DevelopmenrS^ vices Director
Euclid Land Venture, LLC
A Delaware limited liability company
By; RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member .
ohnston
Si^n) br Vice Presi
ATTEST:

CITY OF CHINO
Linda Reich, City Manager
Dated:

By:

Angela Robjes, City Clerk
Dated:
01225. 0005^764688. 1
18 447

ACKNOWLEDGMENT
A notary public or other offlcer completing this
certificate verifies only the identity ofthe Individual who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State of California
County of J
On before me. T^Pr (^ jr
insert name and title of the officer)
is ofsatisfactdry evidence to be the pers
personally appeared
who proved to me on the basis of satisfactdry evidence to be the person( 8fwhose name( 8j(is?are^ Inscribed to the within instrument and acknowlec^ d to me thatftie&he/ they executed the same in Pher/ their authorized capacity( iee); and that by t^her/ their signature( s) on the instrument the person( s) rorthe entity upon behalf of which the person( s)- acted, executed the instrument.

I certify under PENALPi^ OF PERJURY under the laws ofthe State of California thattheforegoing paragraph is true and correct.

WITNESS my hand and
Signature

DANA D' ANGELO L
COMM. # 2394774 z
Notary Public • California 5
Orange CountyMy Comm. Expires Feb. 23. 2026 [
Seal)
448
EXHIBIT " A"
ORBP
J L_ EUCALYPTUSAVL J11
c
Q
O
WestLAMP
iGroup, Inc.
r : 7iK

PROPOSED
BUILDINOS Ic
1<
i<
ico
en _CITY OF ONTARIO _ J
L_

CITY OF CHINO
MERRILL AVE.

STDRU DRAM lUPRmQJENTS TO " 1500* SOUTH OF UERRtLL
STREET ITPROVOenS ID "«»'
LEGEND:

PROPERTY BOUNDARY

STREET RIGHT OF WAY

STREET CENTERLINE

STREET WIDENING & STORM DRAIN WORK WITHIN
Engineering • Geospatial • Land Planning
4150 CONCOURS, ONTARIO, OA 91764
PHONE: ( 909) 989- 9789 FAX: ( 909) 989- 9660
0N. T. S.

Ontario Ranch Business Park Specific Plan
DATE: 06/ 17/ 2022
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449
EXHIBIT " B"

WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. N/ A
F. N/ A
G. N/ A
H. Disposal of all rocks and debris located within any public right- of- way within said development or on the boundary streets thereof.

I. installation of concrete curbs, gutters, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

J. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

K. Street signs at intersections per the City Standards.

L. Installation ofapproved landscaping (plants and materials).

M. Setting monuments as required by the State Code.

The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work, in accordance with Section

1. 5 ofthe Agreement.

See Drawing Log ( following herein) of approved Plans for work to be built in City of Chino.
01225. 0005/ 784688. 1 B- 1
450
EXHIBIT " B'
Title:

For:

Drawing Log
Plans by WestLAND Group, Inc.)
Street Improvement Plans
Euclid Avenue ( SR- 83) 840' south of Merrill Avenue to 835' north of Eucalyptus Avenue
Sheet# Sheet Name Sheet Date
1 Title Sheet 7/ 20/ 2022
2 Sheet Index and Typical Sections 7/ 19/ 2022
3 Plan & Profile - Euclid Avenue - 840' South to 345' North of Merrill Avenue 7/ 20/ 2022 4 Plan & Profile - Euclid Avenue - 345' North of Merrill Avenue to 1146' South of Eucalyptus Avenue 7/ 20/ 2022
5 Plan 8t Profile - Euclid Avenue - 1146' South of Eucalyptus Avenue to 104' North of Eucalyptus Avenue 7/ 20/ 2022
6 Plan & Profile - Euclid Avenue - 104' North of Eucalyptus Avenue to 871' North of Eucalyptus Avenue 7/ 20/ 2022
7 Details and Cross Sections 7/ 20/ 2022
8 StreetTransition Details 7/ 19/ 2022
9 Concrete Pavement Details - Euclid Avenue and Merrill Avenue 7/ 19/ 2022 Title:

For:

Street Improvement Plans
Parcel Map 20016 Merrill Avenue, Eucalyptus Avenue, & Sultana Avenue Sheet # Sheet Name Sheet Date
1 Title Sheet 4/ 5/ 2022
2 SheetIndex 4/ 5/ 2022
3 Merrill Avenue - From 128' East ofEuclid Ave to 1100' East ofEuclid Ave 4/ 5/ 2022 4 Merrill Avenue - From 1100' East of Euclid Ave to 2300' East ofEuclid Ave 4/ 5/ 2022 5 Merrill Avenue - From2300' East ofEuclid Ave to 3425' East of Euclid Ave 4/ 5/ 2022 6 Merrill Avenue - From 3425' East of Euclid Ave to 4600' East ofEuclid Ave 4/ 5/ 2022 7 Merrill Avenue - From 4600' East of Euclid Ave to 5800' East of Euclid Ave 4/ 5/ 2022 8 Merrill Avenue - From 5800' East of Euclid Ave to 6509' East of Euclid Ave 4/ 5/ 2022 9 Eucalyptus Avenue - From 130' East ofEuclid Ave to 960' East of Euclid Ave 4/ 5/ 2022 10 Eucalyptus Avenue - From 960' East of Euclid Ave to 654' East ofSultana Ave 4/ 5/ 2022 11 Sultana Avenue - From Merrill Ave to 1100' North of Merrill Avenue 4/ 5/ 2022 12 Sultana Avenue - From 1100' North of Merrill Avenue to 2150' North of Merrill Ave 4/ 5/ 2022 13 Sultana Avenue - From 2150' North of Merrill Ave to Eucalyptus Ave 4/ 5/ 2022 14 Details 4/ 5/ 2022
15 Merrill Avenue Driveway Details 4/ 5/ 2022
16 Merrill Avenue Local Depression Details 4/ 5/ 2022
17 Concrete Pavement Plan - Merrill Avenue from 130' E/ 0 Euclid Avenue to 300' E/ 0 Euclid Ave 4/ 5/ 2022
18 Concrete Pavement Plan - Merrill Avenue from 300' E/ 0 Euclid Avenue to475' E/ 0 Euclid Ave 4/ 5/ 2022
19 Concrete Pavement Plan - Merrill Avenue from 1, 521' E/ 0 Euclid Avenue to 1, 800' E/ 0 Euclid Ave 4/ 5/ 2022
20 Concrete Pavement Plan - Merrill Avenue from 1, 800' E/ 0 Euclid Avenue to 2, 000' E/ 0 Euclid Ave 4/ 5/ 2022
451
Sheet# Sheet Name Sheet Date
21 Concrete Pavement Plan - Merrill Avenue from 2, 824' E/ 0Euclid Avenue to 3, 100' E/ 0 Euclid Ave 4/ 5/ 2022
22 Concrete Pavement Plan - Merrill Avenue from 3, 100' E/ 0 Euclid Avenue to 3, 338' E/ 0 Euclid Ave 4/ 5/ 2022
23 Concrete PavementPlan - Merrill Avenuefrom 4, 162' E/ 0 Euclid Avenueto4, 400' E/ 0 Euclid Ave 4/ 5/ 2022
24 Concrete Pavement Plan - Merrill Avenue from 4, 400' E/ 0 Euclid Avenue to 4, 640' E/ 0 Euclid Ave 4/ 5/ 2022
Title: Storm Drain improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name Sheet Date
1 Title Sheet 6/ 6/ 2022
2 Index/ System Map 6/ 6/ 2022
3 Eucalyptus Ave - From Euclid Ave to900' East ofEuclid Ave 6/ 6/ 2022 4 Eucalyptus Ave -' From 900' East of Euclid Ave to Sultana Ave 6/ 6/ 2022 5 Sultana Ave - From Merrill Ave to800' North of Merrill Ave 6/ 14/ 2022 6 Sultana Ave - From 800' North of Merrill Ave to 1400' North of Merrill Ave 6/ 14/ 2022 7 Merrill Ave - From Euclid Ave to 800' East ofEuclid Ave 6/ 14/ 2022 8 Merrill Ave - From 800' East of Euclid Ave to 160' East ofSultana Ave 6/ 14/ 2022 9 Merrill Ave - From 160' East ofSultana Ave to 260' West of Campus Ave 6/ 6/ 2022 10 Merrill Ave - From 260' West ofCampus Ave to 640' East of Campus Ave 6/ 6/ 2022 11 Merrill Ave - From 640' East of Campus Ave to 220' East of Bon View Ave 6/ 6/ 2022 12 Merrill Ave - From 220' East of Bon View Ave to 1300' East of Bon View Ave 6/ 6/ 2022 13 Merrill Ave - From 1300' East ofBon View Ave to 1650' East ofBon View Ave 6/ 14/ 2022 ! 14 Eucalyptus Ave - Lateral Details B- 1 to B- 9 8i D- 18 & D- 19 6/ 15/ 2022 15 Merrill Ave - Lateral Details D- 1 to D- 15, F- 1 to F- 3, Line E and D Bon View Ave 6/ 14/ 2022 16 Sultana Ave - Lateral Profiles C- 1 to C- 6 6/ 14/ 2022 17- 18 CDS Details 6/ 15/ 2022
19- 24 Details 6/ 6/ 2022
Title: Storm Drain Improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name SheetDate
1 Title Sheet 6/ 16/ 2022
2 Sheet Index and Typical Sections 6/ 3/ 2022
3 Euclid Avenue - From Merrill Ave to 912' North of Merrill Ave 6/ 16/ 2022 4 Euclid Avenue - Frorri 912' North of Merrill Ave to 1812' North of Merrill Ave 6/ 16/ 2022 5 Euclid Avenue - From 1812' North of Merrill Ave to Eucalyptus Ave 6/ 16/ 2022 6 Euclid Avenue - From 2171' to 3071'- North of Kimball Ave 6/ 8/ 2022 7 Euclid Avenue - From 3071' North of Kimball Ave to 1310' South of Merrill Ave 6/ 16/ 2022 8 Euclid Avenue - From 1310' South of Merrill Ave to 590' South of Merrill Ave 6/ 16/ 2022 9 Euclid Avenue - From 590' South of Merrill Ave to Merrill Ave 6/ 16/ 2022 10 CDS & Utility Crossing Details 6/ 16/ 2022
11- 21 Details 6/ 3/ 2022
452
EXHIBIT "C"

ENGINEERING COST ESTIMATES
01225. 0005/ 784688. 1 0- 1
453
RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- a0016
LOCATION : Merrill Avenue • Euclid to Grove
By:

DATE:

Slew MecKtnney
S/ 2/ 3022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
LS Traffic Control ( 5% of construction cost) 5%$ 135. 047. 68 LS Clear & Grub Site ( 5% of construction cost) 5%$ 135. 047. 68 EA Tree Removal $ 800. 00 t
CY Concrete Removal $ 300. 00 s
2939 CY AC Pavement Removal S 100. 00 % 293. 900. 00
LS Excavation ( Clean Material) ( 5% of Consbuction Cost) 5%$ 135. 047. 68 CY Imoorted Common Fill (Incl. Compaction)$ 34. 00 s
136936 SF Preparation of Subgrade S 1. 00 $ 136. 936. 00 6328 LF PCC 8" Curb & 24" Gutter $ 23. 00 145. 544. 00
3181 LF PCC Curb Onlv S 20. 00 63. 620. 00
130 LF 8" A. C. Berm $ 20. 00 $ 2. 600. 00
SF 8" PCC Cross Gutter S 11. 00 $
SF 4' PCC Sidewalk $ 5. 80 s
7984 SF 6" PCC Thick Drive Approach $ 7. 40 $ 59. 081. 60 SF 8' PCC Thick Drive Approach $ 9. 00 $
1225 LF 2" X6" Redwood Header $ 5. 00 $ 6. 125. 00
EA Street Sion $ 475. 00 $
33 EA Traffic Sign and Post $ 400. 00 s 13. 200. 00
EA Reflector Sign and Post $ 175. 00 $
52 EA Painted Leoend S 6. 50 $ 338. 00
SF Prime or Tack Coat $ 0. 05 $
67187 SF PCC Pavement S 5. 00 s 285. 935. 00
TON AC Variable - <300T $ 90. 00 s
11371 TON AC Variable - > 300T S 80. 00 $ 909. 680. 00
EngCoetEstimate Pagei of 14 Effective Dele: January 1, 2016 454 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM. 2&016
LOCATION : MttIU Av» ny - Euclid to Grovt
By: Stan MacKlnrwy
DATE: 8/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
TON CAB Variable - < 300T $ 75. 00 $
7372 TON CAB Variable - > 300T $ 65. 00 $ 479. 180. 00
5 EA Adjust Sewer Manhole to Grade S 665. 00 $ 3. 325. 00 LS Mobilization 5%$ 135, 047. 68
EA Adjust Sewer Cleanout to Grade S 350. 00 $
10 EA Adjust Water Valve to Grade $ 265. 00 $ 2. 650. 00 EA Street Uaht ( Citv Owner) S 6. 700. 00 $
EA Lot Monument Setting Fee $ 550. 00 $
5000 IF Sawcut A. C. S 3. 00 $ 15. 000. 00
LF Sawcut Concrete S 3. 00 $
5150 SF Cold Plan A. C 15footwide)$ 0. 28 $ 1. 442. 00
LF Sionino & Strioino for
7650 Arterial S 19. 00 $ 145. 350. 00
Collector S 13. 00 $
Local $ 7. 00 $
EA Traffic Signal ( 8 - Phase Conb' olier) S 250. 000. 00 $ EA Modify exisbno Traffic Signal oer Quadrant $ 50. 000. 00 $ LF Chain Link Fence
4 foot Residential Grade ( Add $ 7. 00/ LF for Removal
of Existing Fence) S 25. 00 $
837
6footSchoolfence (Add $9. 00/ LF for Removal of
Existing Fence)$ 35. 00 $ 29. 295. 00
2358
6footSchoolfence (Add $9. 00/ LF for Removal of
Existing Fence)$ 44. 00 8 103. 752. 00
EA Utllitv Poles
Transmission $ 11. 500. 00 $
Distribution $ 8. 000. 00 $
Service $ 3. 000. 00 $
EngCostEstimale Page 2of14 EfTective Date: January 1. 2016 455 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO; PM- 2Mie
LOCATION : Mtfrill Av> nu» - Euclid to Grove
By: Slifi MtcKlntwy
DATE: tnnm
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
SF
Landscape ( including shrubs. Hardscape. Irrigation,
Ground Cover. Lighting, Installation Labor and Connection to Existina Svstemsl $ 10. 00 $
LF
14 foot Median with Landscape. Irrigation, Lighting,
Hardscape. Curb. Gutter & Pavement $ 300. 00 $
Rail Road Crossing
LS
Safety Equipment ( Complete Including Crossing
Gates. Signs, and Lights)$ 400. 000. 00 $
SF Track Crossing ( Concrete) S 150. 00 $
SF Aoproach $ 2. 25 $
1 EA S. W. Ramos (A. DA. Compliant) S 4. 000. 00 $ 4. 000. 00 EA Traffic Signal Loops S 400. 00 $
STREET SUBTOTAL $ 3. 241, 144. 32
PROJECT ADDITIVES Project Contingencies 10%$ $ 24, 114. 43 Construcf/ on Slakina 3%$ 97. 234. 33
Soils Testina 1%S 32. 411. 44
Material Testing 1%S 32. 411. 44
Construction Inspection 2%S 64, 822. 89
Contract Adminisnation 1% S 32. 411. 44
GRAND TOTAL STREETS ONLY 3, 824, 550. 30
EngCostEstiinate Page 3of14 Effective Dale: January 1, 2016 456 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- aooie
LOCATION : Merrill Avenue - Euclid to Grove
By: SUri MacKlnney
DATE: 9/ 2/ 2022
Quantity Unit Kem Unit Total Cost
Price Per Item
WATER
LS Traffic Contn^ ( 5% of Construction Cost) 5%$
LF Trench SuoDort/ Shorina ( 6foot decth)$ 15. 00 $
CY Pioe Bedding llmDorted)$ 45. 00 $
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and oavement restoration $ 60. 00 $
LF
8' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration. S 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 80. 00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddirK). backfill and oavement restoration $ 105. 00 $ EA 6' Gate Valve S 1. 500. 00 $
EA 8" Gate Valve $ 2. 000. 00 $
EA 10" Gate Valve S 2. 400. 00 $
EA 12' Gate Valve $ 2, 800. 00 $
EA 16" Gate Valve $ 3. 500. 00 $
EA Fire Hvdrant Assembly oer Citv Std. S 7. 500. 00 $
EA Blow- off Assembly 6" oer City Std.$ 4, 500. 00 S
EA 2" Air Relief Assembly
o
e
d
o>
ri
EA 1" Water Service/ Meter $ 3. 500. 00 $
EA 2" Water Service/ Meter $ 4. 500. 00 $
EngCostEstfmate Page 4 of 14 Etfecttve Dale: January 1. 2016 457 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM. 20016
LOCATION : MerflM Avenu* - Euclid to Grove
By: Slara ItacKinnty
DATE: 812/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingertcies 10%$
Construction Staking 3%$
Soils Testing 1%$
Material Testing 1%$ •
Construction Inspection 2% S
ContractAdministration 1%$

GRAND TOTAL WATER ONLY
EngCoetEstimate Page 5 of 14 Enective Date: January 1. 2016 458 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001«
LOCATION : MarriH Awnue - Euclid to Grow
By: Stara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit hem Unit
Price
Total Cost
Per Item

RECYCLED WATER
LS Traffic Control ( 5% of Construction Cost) 5% S
LF Trench Suooort/ Shorino f6 foot deoth)$ 15. 00 $
CY Pioe Beddino ( imoorted) S 45. 00 s
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and pavement restoration S 60. 00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.$ 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 80. 00 s
LF
12" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddino, backfill and pavement restoration $ 105. 00 $
EA 6' Gate Valve $ 1. 500. 00 $
EA 8" Gate Valve $ 2, 000. 00 $
EA 10' Gate Valve $ 2. 400. 00 $
EA 12' Gate Valve $ 2. 800. 00 $
EA 16' Gate Valve $ 3. 800. 00 s
EA Fire Hydrant Assembly per City Std.$ 7. 500. 00 s
EA Blow- off Assembly 6" per City Std.$ 4. 500. 00 $
EA 2" Air Relief Assembly $ 4. 500. 00 $
EA 1' Water Service/ Meter S 3. 500. 00 $
EA 2" Water Service/ Meter S 4. 500. 00 $
EngCostEstimsia Page6of14 Effective Date: January 1, 2016 459 RESOLUTION NO 2015- 078

EXHIBIT C
CIT\ OFCMINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001>
LOCATION : Mrrill Avnm • Euclid to Gfw
By: SItri MacKlniwy
DATE: % i2n022
Quantity UnH Item Unit
Price
Total Cost
Per Item

RECYCLED WATER
RECYCLED WATER SUBTOTAL $
PROJECT ADDITIVES Pmyecf Continaencies 10% i
Construcf/ on Stakina 3%s
SoHs Testinq 1%$
Malarial Tastina 1%$
Construction Insoaction 2%$
Contract Administration 1%s

GRAND TOTAL RECYCLED WATER ONLY
EngCosCetimate Page 7 of 14 EffBctive Date: Januaiy 1, 2016 460 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : MwtHI Avtnu* - EuclM to Grove
By: Slara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Hem
SEWER
LS Traffic Control ( 5% of Construction cost) 5%$
LF Trench SupDort/ Shorlno $ 15. 00 $
LF
8* V. C. P Installed, including excavation, bedding, backfill and oavement restoration S 92. 00 $
LF
10' V. C. P. Installed, including excavation, bedding,
backfill and oavement restoration $ 98. 00 $
LF
12' V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 104. 00 $
LF
15" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration S 110. 00 $
LF
18" V. C. P. Installed, Including excavation, bedding,
backfill and pavement restoration S 140. 00 $
LF
21" V. C. P. installed, including excavation, bedding,
backfill and pavement restoration S 150. 00 $
LF
24" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 170. 00 $
EA Sewer Saddle S 450. 00 $
EA Wves 4' x8' Tvpical $ 225. 00 $
EA 48" Sewer Manhole $ 5. 000. 00 $
EA 60" Sewer Manhole $ 6. 400. 00 $
EA Sewer Cleanout $ 1. 800. 00 $
LF
36" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 255. 00 $
LF 54' Steel Casino with 1/ 2" wall thickness $ 350. 00 $ LF
30' V. C. P. Installed, including excavation, bedding,
backfiil andoavementrestoration S 300. 00 $
EA 72' Sewer Manhole $ 7. 700. 00 $
LF Remove Exisitina 16' Sewer $ 70. 00 $
EA Remove Existina Manhole S 1. 200. 00 $
EA Temporarv Sewer Piua $ 200. 00 $
EA Connect to Existina S 500. 00 $
EngCostEsUmate Page 8 of 14 Effective Date: January 1, 2016 461 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM. 200H
LOCATION : UtenliiAvnut»Euclid toGrow
By: Siwi MicKlnnty
DATE: e/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item
SEWER
SEWER SUBTOTAL $
PROJECT ADDITIVES Project Corttlngencles 10%$
Construction StaMna 3%$
Soils Testina 1%$
Material Testina 1%t
Construction Inspection 2%$
ContractAdministration 1%$

GRAND TOTAL SEWER ONLY
EngCostEstitnate Page 9 of 14 Effective Date: January 1. 2016 462 RESOLUTION NO 2015^ 78

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : Marrfll Avenue - Euclid to Grove
By: Siara MacKinney
DATE: 6/ 2/ 2022
Quantity Unit Item Unit Total Cost
Piice Per Item

STORM DRAIN
LS Traffic Control ( 5% of Construction Cost) 5%% 97, 527. 50 LF 24" X 36" C. M. PA (10 Gauge)$ 230, 00 $
LF 27" X 43" C. M. PA ( 10 Gauae) S 250. 00 $
15 EA Storm Drain Manhoie # 1 $ 5. 000. 00 $ 75. 000. 00 0 EA Junction Structure # 2 (24" or larger)$ 4. 400. 00 $ 0 EA Junction Structure # 4 (24" or smaller)$ 2. 500. 00 $ 0 EA Outlet Sbucture $ 5. 000. 00 $
EA Catch Basin 3. 5' Width $ 5. 500. 00 $
EA Catch Basin T Width/ L. D. S 6. 100. 00 $
8 EA Catch Basin 10' Width/ L. D.$ 7. 000. 00 S 56. 000. 00 EA Catch Basin 14' Width/ L. D.$ 8. 000. 00 $
EA Catch Basin 21' Width/ L. D.% 10. 000. 00 $
0 LF
24 inch HOPE Installed, including excavation, bedding,
backfill and oavement restoration $ 50. 00 $
400 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 130. 00 $ 52. 000. 00 0 LF
24 inch HDPE Installed, including excavation, bedding,
backfill and oavement restoration S 150. 00 $
5550 LF
24 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 85. 00 $ 471. 750. 00 LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 160. 00 $
0 LF
30 inch RCP installed, including excavation, bedding,
backfill and oavement restoration S 175. 00 S
LF
33inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 190. 00 $
LF
36 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 240. 00 $
LF
39inch RCP Installed, indudtng excavation, bedding,
backfill and oavement restoration S 260. 00 $
LF
42 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration % 275. 00 $
EngCostEstimate Page 10 of 14 Eftactive Date: January 1. 2016 463 RESOLUTION NO2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- aoOK
LOCATION : MttHIAvnw - EucHd toGrove
By: Stow ltocKinn» y
DATE: «/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item

STORM DRAIN
LF
45inch RCP Installed, including excavation, bedding,
backfill and pavementrestoration $ 280. 00 $
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 300. 00 $
LF
51 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 325. 00 $
0 LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 350. 00 $
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 360. 00 $
LF
63inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 370. 00 $
0 LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 400. 00 $
0 LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 460. 00 $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 470. 00 %
LF
81 inch RCP installed, including excavation, bedding,
bad( fill and pavement restoration S 490. 00 %
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 510. 00 $
0 LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 540. 00 i
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavementrestoration S 570. 00 %
0 LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 610. 00 $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 640. 00 $
0 LF
120 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 675. 00 $
LF
T X 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 700. 00 $
LF
7' X 8. 5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 820. 00 $
LF
7' X 9. 5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 870. 00 (
LF
8' X 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration S 1. 000. 00 $
LF
8' X 13' RCB Installed, including excavation, bedding,
baddill and pavement restoration S 1. 100. 00 $
0 LF
DBLE lO' xIO' RCB Installed, including excavation,
bedding, backfill and pavement restoration $ 1. 800. 00 $ LF
9' X 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1. 100. 00 $
LF
4' X6' RCB Installed, including excavation, bedding,
backfill and pavement restoration S 680. 00 $
639 LF
Dbl lO' xIO' RCB Installed, including excavation. t>edding. backfill and pavementrestoration S 1. 800. 00 $ 1. 150. 200. 00 2 £ A Brick and Morter Bulkhead $ 600. 00 S 1. 600. 00
EngCostEAImate Page 11 of14 Effective Date: January 1, 2016 464 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM^ OOie
LOCATION : MerrlU Avanu* - Euclid to Grove
By: Sltra ItocKinnty
DATE: a/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per item
36 EA RGB Stand pipe riser $ 4. 000. 00 $ 144. 000. 00
EngCostEstimate Page 12 of 14 Effective Date: January 1. 2016 465 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20O16
LOCATION : M« rrm Avtnu* - EucBd to Grov»
By: Stif* ItecKinn^ y
DATE; •/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STORM DRAIN
STORM DRAIN SUBTOTAL $ 2, 048, 077. 50
PROJECT ADOmVES Project Contingencies 10% S 204, 807. 7$ Construction Staklna 3%$ 61. 442. 33
Soils Testing 1%S 20. 480. 78
Material Testing 1% t 20. 480. 78
Construction Insoection 2% S 40. 961. SS
Contract Administration 1% S 20. 480. 78
GRAND TOTAL STORM DRAIN ONLY 2, 416, 731. 48
EngCostEstimate Page 13 of 14 Effective Date: January 1, 2016 466 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO
H

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001S
LOCATION: MefTlli Avenue - Euclid to Grove
By: Slare MacKhney
DATE: 8/ 2/ 2022
Quantity Unit Item Unit Total Cost
Price Per item
ENGINEER' S ESTIMATE GRAND TOTAL 6, 241, 281. 75

BY ENGINEER
Prepared By:

R. C. E. Number:

Expiration:
85559
9/ 30/ 2024
09/ 30/ 24
Place R. C. E. Stamp Here

BY CITY
Faithful Performance Bond (100% of Construction Cos^
LaborA materialBond (50% ofConstruction Cos^
WarrantyBond (10% ofConstruction Cos^
6, 241, 300. 00
3, 120, 600. 00
624, 100. 00
EngCos£ stimate Page 14 of 14 Effecttve Date: January 1. 2016 467 Contract No.:

Approval Date:

CONSTRUCTION REIMBURSEMENT AGREEMENT

MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN
(Euclid Land Venture, LLC Project / City of Ontario)
This CONSTRUCTION REIMBURSEMENT AGREEMENT ("Agreement") is entered into this 30^ day of July 2024 ("Effective Date"), by and between CITY OF CHINO, a California municipal corporation ("City"), and EUCLID LAND VENTURE, LLC, a Delaware limited liability company ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties".

RECITALS
A. On December 1, 2020, the City of Ontario ("Ontario") approved a subdivision of approximately 80.653 acres of land into eight parcels within the Ontario Ranch Business Park Specific plan area, located on the northeast comer of Merrill and Euclid Avenues as shown on Exhibit A . The development project consists of seven warehouse buildings ranging from 43,400 square feet to 1,099,000 square feet, totaling a maximum of 1,676,000 square feet of warehouse and office uses (the "Project"). In response to the EIR for the Project, tlie City submitted a comment letter requesting full width improvements on Euclid Avenue and Merrill Avenue and noted that it had funding to contribute to the costs relating thereto.

B. Pursuant to that certain Development Agreement No. PDA 19-001, effective between Ontario and Developer ("Development Agreement"), and the conditions of approval provided on F.vhihit B for said Project, Developer was required to design and construct public improvements along the perimeter of Merrill Avenue to mitigate traffic impacts resulting from the Project as a condition of development approval.

C. Developer is obligated to construct full-width ultimate street improvements on the north side of Merrill Avenue within Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue Widening to be eligible for reimbursement from Ontario's Development Impact Fee ("DIP') program.

D. On the south side of Merrill Avenue within Chino City limits, fronting the San Bemardino County Airport, Developer is obligated to construct street improvements up to the curb, excluding sidewalk, landscaping, and streetlights ("Merrill Improvements").

E. On October 18, 2022, the Developer entered into a Public Improvement Agreement with City and provided necessary securities to ensure timely completion of the Merrill Improvements.

F. The Merrill Improvements are estimated to cost $7,015,250, based on competitive bids.

G. Subsequently, Developer and City reached an agreement for full-width ultimate street improvements on the south side of Merrill Avenue, which will include traffic signal interconnect, sidewalks, landscaping, and streetlights ("Additional Improvements"). 7-lO-20v2
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H. Developer has elected to construct the Additional Improvements in excess of those specifically required by the conditions of approval, which are estimated to cost $3,362,838.

I. The City received $5.0 million from the Scannell/Fed-Ex project ("Developer Deposit") which is designated for future improvements along the San Bernardino County Airport perimeter.

J. City completed a comprehensive airport right-of-way survey funded by the Developer Deposit. Upon approval by the Federal Aviation Administration ("FAA"), the City will proceed to acquire the necessary ultimate right-of-way for the streets surrounding the airport.

K. Concurrently with this Agreement, the City entered into a Right of Entry Agreement with San Bernardino County to facilitate the construction of the Additional Improvements, while the City awaits approval from the FAA to proceed with the formal right-of-way dedications along Merrill Avenue.

L. The remaining Developer Deposit will fund additional enhancements on Merrill Avenue, including sidewalks, landscaping, and lighting.

M. The Preserve Circulation DIF program will offset costs not covered by the Developer Deposit for the construction of Merrill Avenue and the Additional Improvements, as established in Chapter

3.45 of the Chino Municipal Code ("DIF Ordinance**).

N. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance ("Nexus Reports").

O. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, Developer shall be entitled to reimbursement for eligible costs of constructing the public facility. The DIF Ordinance specifically requires that the Developer and City enter into a reimbursement agreement.

P. Additionally, pursuant to the terms of the Development Agreement and the conditions of approval for said Project, Developer was required to design and construct public improvements along the perimeter of Euclid Avenue to mitigate traffic impacts resulting from the Project as a condition to the development.

Q. As part of the Euclid Avenue widening efforts, the City is responsible for the west half of the street improvements and raised Euclid Median between Merrill and Eucalyptus Avenues ("Euclid Improvements")
R. Over the years, City developments along the Euclid Avenue corridor located in the Citywide DIF program paid an in-lieu-of-construction fee for the Euclid Median and Widening. The City will utilize these in-Iieu deposits to offset costs associated with the Euclid Improvements.

S. The City will include a new project in the next update to the Nexus Report to cover costs not funded by the in-lieu fees for Euclid Avenue Improvements. DIF ensures adequate funding for regional infrastructure in the general City area.

T. The Euclid Improvements are estimated to cost $5,331,013 based on competitive bids.

U. Developer will proceed with finalizing engineering plans for the Additional Merrill Improvements concurrently with the commencement of construction for Merrill and Euclid Improvements (referred to collectively as "Public Improvements") as shown on Exhibit C. This coordinated approach 469
is essential to avoid project delays, niinimi2» road closures, and maintain the project schedule, thereby minimizing disruptions to traffic and the local community.

V. Developer agreed, at its own expense, to flunish all equipment and materials necessary to perform and complete in a good and workmanlike manner, the improvements and to advertise, publicly bid, and award a contract for construction of the Public Improvements in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code.

W. The City and Developer are committed to expediting the completion of Public Improvements, which may require overtime pay for night and weekend work to meet this objective. City will allow additional expenses under the construction contract for this effort, recognizing its community benefits and the financial burdens faced by affected businesses in the area.

X. Allowances for soft costs related to engineering and inspection shall not exceed 25% of the construction costs. If these soft costs exceed the 25% threshold, the excess amount will be borne solely by the Developer.

Y. Developer and City desire to memorialize herein Developer's right to the highest priority reimbursement of funds from the Preserve Circulation DIP Fund, Citywide Circulation DIF Fund, and InLieu Fees in consideration of the construction of the Public Improvements.

Z. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensiue that construction of the Public Improvements is undertaken in accordance with the City's Plans and Specifications, and the laws and ordinances pertaining to the construction of the Public Improvements, (iii) to provide the methodology for establishing the reimbursement amount to which Developer shall be entitled after completion of the Public Improvements.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parlies hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Construction of Public Improvements. Developer shall construct the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to complete the Public Improvements fully and adequately.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until ail plans and specifications for the Public Improvements have been submitted to and approved in writing by City ("Plans and Specifications"). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.

2.2 Permits and Notices. Prior to commencing any work. Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full 470
compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City's Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Developer's general contractor for the construction of the Public Improvement (''General Contractor") shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (b) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.

2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Schedule of Performance attached as Exhibit D.

2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of their performance of the work.

2.6 Alterations to Public Improvements. AH work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent material alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any material alterations to the Plans and Specifications, it shall provide written notice to City of such proposed material alterations.

City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such material alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the material alterations within such ten (10) business day period, City will be deemed to have disapproved such material alterations to the Plans and Specifications. Any and all material alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement.

2.7 Force Maieure. Developer agrees that tlie time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer's detailed efforts to avoid such delay, which references this section and deliver such notice within twenty (20) days of discovering such delay, and Developer's obligations 471
shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer's performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.

3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City's request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by (Ility and in the form and upon terms approved by City ("Security"). The amount of the Security shall be based on the estimated actual costs ("Estimated Costs") to constnict the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.

Providing the Security shall not release Developer of its indemnification obligation in Section 4.

3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as defined in Section 13, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are completed by Developer, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.

3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, malerialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than fiffy percent (50%) of the Estimated Costs.

All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.

3.3 Additional Requirements. The surety fOr any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.

4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of 472
or incident to any acts, omissions, negligence or wiUfiil misconduct of Developer in connection with the performance of this Agreement ("Claims")- This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonable attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence, fi-aud, or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction and excludes any Claims arising out of incidents occurring after the date of the City's acceptance of the Public Improvements. Developer's obligation to indemnify regarding Claims arising from incidents occurring prior to the date of the City's acceptance of the Public Improvements shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

5. Insurance.

5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($ 1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such Insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 53 Additional Insured: Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard 473
separation of insureds provisions and shall contain no special limitations on the scope of ite protection to City, its elected officials, officers, employees, or agents.

5.4 Primary Insurance: Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term: Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to City.

5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least -'A-" and FSC-VIII.

6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.

Prior to acceptance by the City, it shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section. City may, upon written notice and Developer's failure to remedy as provided in Section 13, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence, fi-aud, or willful misconduct of City, its elected officials, employees, and/or agents.

7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into confonnity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer's contractors shall make all such modifications and corrections requested by City Engineer. 474

8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the subject property.

9. Acceptance of Improvements: As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 ("Notice of Completion"), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor, except as expressly set forth herein. Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides the "as-built" or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials ^mished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance wth the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for reimbursement. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. Reimbursement.

11.1 The City Engineer has determined that the total cost of the Public Improvements that are eligible for reimbursement are estimated to be Fifteen Million Seven Hundred Nine TTiousand One Hundred dollars ($15,709,100) (^'Estimated Costs"). The Estimated Costs shall be subject to adjustment based on the final accepted and approved "as-built" plans and specifications and the review of actual cost documentation by the City Engineer upon the final acceptance of the Public Improvements by the City ("Actual Cost").

11.2 Developer shall be reimbursed for the Actual Cost that the Developer incurs to construct the Public Improvements pursuant to the procedure set forth in this section. 113 Reasonable Soft Costs. City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement. Such amounts may include 475
professional engineering and design services, constraction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys' fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed twenty-five percent (25%) of the construction costs. Any soft costs incurred by Developer in excess of such twenty-five percent (25%) of the construction costs, as approved by the City Engineer shall be the sole responsibility of Developer. Additionally, City Engineer may, in his or her reasonable discretion, reduce or disallow reimbursement for any costs he finds excessive or unreasonable.

11.4 Developer may submit to the City payment requests during the course of construction based on completed work. Developer shall provide documentation supporting each payment request, including but not limited to progress reports, material receipts, and any other relevant documentation requested by City.

11.5 City shall, within ten (10) days after the submittal of such payment request, review and approve the invoice or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. City may extend this review for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal. In the event of the delivery by City to Developer of a request for revision, Developer, City and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate, and City shall then, within five (5) days after the resubmittal of such invoice, review and approve the invoice or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City shall provide payment of the invoice to Developer within five (5) days after such approval. City's review of invoices hereunder shall be conducted in good faith and City's approval shall not be unreasonably withheld, conditioned, or delayed.

11.6 The City shall retain five percent (5%) of each progress payment as retention until final completion and acceptance of the Public Improvements by the City. The retention amount shall serve as security for the satisfactory completion of all obligations under this contract, including rectification of defects and outstanding workmanship prior to the final acceptance of Public Improvements. Acceptance of the Public Improvements shall be subject to the procedures in Section 9 of this Agreement.

11.7 Final Payment. City shall reimburse the remaining balance of the Actual Costs to Developer, including any withheld amounts, upon satisfaction of the following:

11.7.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.

11.7.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics' lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the 476
reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.

11.7.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted final as-built drawings for the Public Improvements to City Engineer.

11.7.4 Acceptance of Required Public Improvements bv Citv. The City Council shall have accepted title to the Public Improvements. 11«8 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
11'9 Citv Ability to Reimburse. The City represents and warrants that it has the financial ability and means to pay all reimbursements described in this Agreement. The City further warrants that it has allocated sufficient funds and identified future funding sources and obtained all necessary approvals to fulfill its payment obligations under this Agreement.

12. Assiunment. Prior to completion of the Public Improvanents, Developer may assign this Agreement to a third party ("Assignment"), subject to the approval of City's Director of Development Services ("Director") in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee ("Assignee") as requested by City including but not limited, evidence of Assignee's right to acquire the subject property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release the assignor.

13. Default: Notice: Remedies.

13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Norice of Default"). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days after its receipt of the Notice of Default, or such longer period as is reasonably necessary to substantially commence such remedial work. If the default or violation constitutes an immediate threat to the public health, safety, or welfare. City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.

13.2 Failure to Remedy: Citv Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 13.1 of this Agreement and diligently prosecuted to completion. City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
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133 Other Remedies. No action by City pursuant to tiiis Section 13 shall prohibit City from exercising any other right or pursuing any other legd or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Develop)er fails to comply with any other obligation contained herein. Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys* fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

15. Miscellaneous.

15.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

15.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the lime of mailing if mailed as provided in this Section:

To City; City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Hye Jin Lee, P.E.

Director of Public Worics
Email; [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Atm; Fred Galante, Esq.

Email; [email protected]
To Developer: Euclid Land Venture, LLC
c/o Real Estate Development Associates, LLC
4450 MacArthur Blvd., Suite 100
Newport Beach, California 92660
Attn; Jeff Johnston
Email; iiohnston@j'edallc.com
11 478
With Copy To: Allen Matkins Leek Gamble Mallory & Natsis LLP 2010 Main Street, Eighth Floor
Irvine, California 92614
Email: [email protected]

15.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

15.5 Construction: References: Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, au^ent, or describe the scope, content, or intent of this Agreement.

15.6 Amendment: Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.

15.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15.10 invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.11 Governing Law: Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties* activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

15.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.14 City Officers and Emoiovees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successoifs) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or 12 479
any successors) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terras of this Agreement.

15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

15.16 Attorneys' Fees. Notwithstanding the provisions of Section 14 above, in the event of any litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of litigation reference:

15.17 Eyhlhits. The following exhibits are attached hereto and incorporated herein by Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D Schedule of Performance
Exhibit E Estimated Costs
(SIGNATURES ON FOLLOWING PAGE]
13 480
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

APPROVED AS TO FORM:

ALESHIRE & WtoDER^LLP
Fred Galante
City Attorney
APPROVED AS TO CONTENT:

Hye Le
Director of Public Works
ATTEST:

By:

Natalie Gonzaga
City Clerk
, -y

EUCLID LAND VENTURE, LLC,
a Delaware limited liability company:

By: RBV Euclid, LLC,
a Delaware limited liability company,
its managing member
By: REDA Bascom Ventures, LLC,
a Delaware limited liability company,
its managing member
By: Real Estate Development Associates, LLC,
a California limited liability company,
its administrative member
By:

Carl W. Golte^ann
Authorized Sw^atory

CITY OE NO
Dr da Reich
anager
Dated:
14 481
CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT CIVIL CODE 9 1188 A notary public or cither officer completing this certificate verifies only the Idently of the indhMual who signed the document to which this certificate is attached, wd net the truthfuinees, accuracy, or vaBdIty of that dociffnert.

State of California
County of
On
Dete
personally appeared
before me, ^
Hem Inswt Name and Tide of the Officer
uD.

Name(s) of Sfgner^)
who proved to me on tiie basis of satisfactory evidence to be the person^^whose name^T^^are subscribed to the within instrument and acknowledged to me that (ff^^e/they executed the sarne in ^fiS/her/their authorized capacity(ies); and that byfi^er/their signatureW'on the Instrument the person(8). or the entity upon behalf of which the person^s) acted, executed the instrument ' 'OANAOmELo' I
COMM. #2394774 2
Notary Public • California g
Orange County
My Cynrn. Expires Fefa^ 23^ 2(^ [
I certify under PENALTY OF PERJURY under the laws
of the State of Caiifomia that the foregoing paragraph
is true and
WfTNESS hand and Qffi^isrseal.

Signature
StgrmtumxeNot
Place Notary Sea/ Atx>ve

OPTIONAL
Though this section is opffonaf, completing this information can dbfer alteration of the doci^nent or fraudulent mattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:

Number of Pages: Slgner(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Doc
Signer's Nam
ument Date:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Cons«vator
□ Other.

Signer Is Representing:
e:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other
Signer Is Representing:

Q2014 National Notary Association • virww.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6^7) it^n #5907 01225
482

EXHIBIT A

LOCATION MAP
lATTACHEDl
483
A-l
_j
n n
C
EXHIBIT "A"
ORBP
k_ EUCM-YPTIIS_AVL jlL
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P
]

PROPOSED

BUILDINGS
c
c
c
<
(/)
D
en CITY OF ONTARIO _ JI

CITY OF CHINO
MERRILL AVE.
jnm DRAM MPRmoors 10 ~i500' south of yosou.
sncn VRMkons to •400'
LEGEND:

PROPERTY BOUNDARY

STREET RIGHT OF WAY

STREET CENTERUNE

STREET WIDENING & STORM DRAIN WORK WITHIN
WestLAWP
JCrOUp/ Inc. Engineering •GeospaCal* land Planning
4150 CONCOURS, ONTARIO. OA 91764
PHONE: (909) 989-9789 FAX: (909) 969-9660 N.T.S.

Ontario Ronch Business Pork Specific Plan
484

EXHIBIT B

CONDITIONS OF APPROVAL
lATTACHEDl
485
B-l
EXHIBIT "E"

TO THE DEVELOPMENT AGREEMENT

DESCRIPTION OF REQUIRED IMPROVEMENTS

1. OWNER shall design, construct, and complete the following Improvements, Potable Water (WT), Storm Drain (SD), Streets (ST), Sewer (S\AO, Recycled Water (RW), and Fiber Optics (FO), as descnbed, prior to OWNER'S request for final occupancy of the first building:
a. WT on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water GIF Project WT-011).
b. WT on Sultana Avenue between Eucalyptus Avenue and Memll Avenue.
c. WT on Eucalyptus Avenue between Euclid Avenue and Grove Avenue (Local Water OIF Project WT-011).
d. WT on Eucalyptus Avenue between Grove Avenue and Carpenter Avenue {Regional Water DIF Project, portion of Phase 2A Water). e. WT on Merrill Avenue between Euclid Avenue and Walker Avenue (Local Water DIF Project WT-011).
f. WT on Walker Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water DIF Project WT-011).
g. SD onsite detention shall be designed, constructed, and completed by OWNER prior to issuance of the first building permit. However.

OWNER is eligible to request from CITY a grading permit prior to the completion of the SD onsite detention.
h. OWNER shall contribute to the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall participate in funding the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall pay the CITY within thirty (30) days of the execution of the Agreement, in the amount of Two Million Four Hundred Forty Six Thousand One Hundred Ninety One Dollars ($2,446,191) in recognition of OWNER'S contribution to the ultimate Euclid Avenue SD connection south of Merrill Avenue. Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIF Credit in the Regional Storm Drain Category equal to the contribution amount 37 486
B-2
paid to the CITY. Such Regional Storm Drain Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. OWNER shall also mitigate flooding of existing storm drain facilities downstream of the Project site, in the City of Chino, caused by the Project, to the satisfaction and approval of the City of Chino and the City Engineer.
(. SD on Euclid Avenue from Eucalyptus Avenue to Merrill Avenue.

J. SD on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
k. SD on Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.

I. SD on Merrill Avenue between Euclid Avenue and Sultana Avenue. m. As part of the SD improvements the OWNER shall be responsible for the Plan and Profile drawings of the ultimate SD improvements downstream on Euclid Avenue from Merrill Avenue to the ultimate point of connection south to Pine Avenue, in the City of Chino. to the satisfaction of the City Engineer.
n. SD bleeder line or alternative interim connection at the discretion of the City on Euclid Ave south of Merrill Ave. This shall connect to the SD on Merrill Ave between Euclid Ave and Sultana Avenue. o. Two (2) Debris Separation Baffle Boxes at the intersections of Euclid Avenue and Merrill Avenue.
p. Full half ST improvements on the south half and circulation lane improvements on the north half of Eucalyptus Avenue from Euclid Avenue to Sultana Avenue.
q. Full half ST improvements on both sides of Merrill Avenue between Euclid Avenue and Sultana Avenue.
r. Full half ST improvements on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
s. Full half ST improvements on the west side and circulation lane improvements on the east side of Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.
38 487
B-3
t. Modifications to existing traffic signals at intersections of Euclid/Eucalyptus Avenues and Euclid/Merrill Avenues.
u. Bus rapid transit (BRT) Improvements along Euclid Avenue.

V. Traffic Signal at Sultana/Eucalyptus Avenues.
w. Traffic Signal at Sultana/Merrill Avenues.

X. SW (Westem Trunk Sewer) in Euclid Avenue (or through the Chino Airport) between Kimball Avenue and Merrill Avenue (Regional Sewer DIE Project SW-002).
y. SW (Westem Trunk Sewer) on Merrill Avenue between Euclid Avenue and Sultana Avenue (Regional Sewer DIP Project SW-002). z. SW in Euclid Avenue between Merrill Avenue and Eucalyptus Avenue (Local Sewer DIP Project SW-011).
aa.SW in Sultana Avenue between Merrill Avenue and Eucalyptus Avenue.
bb.RW in Euclid Avenue between lEUA point of connection on Eucalyptus Avenue and Merrill Avenue.
cc. RW in Merrill Avenue between Euclid Avenue and Sultana Avenue. dd.RW in Sultana Avenue between Menil! Avenue and lEUA point of connection on Eucalyptus Avenue.
ee.FO on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
ff. FO on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
gg. FO on Merrill Avenue between Euclid Avenue and Sultana Avenue.

2. CITY shall design, construct, and complete the Phase 2 Water (WT) Improvements and Interim Chino Avenue Loop. The Phase 2 Water Improvements wilt be constructed by the CITY In phases, with the Initial improvements, designated as Phase 2A Water Improvements, Interim Chino Avenue Loop, and Phase 2B Water Improvements as described below
39 488
B-4
a. Phase 2A Water Improvements shall consist of the following:
i. WT on Grove Avenue between Eucalyptus Avenue and Chino Avenue (Regional Water DIP Project WT-010).
b. Interim Chino Avenue Loop shall consist of the following:
i. WT on Chino Avenue between Cucamonga Channel and
Grove Avenue, which will provide the second point of
connection from the 1010 Pressure Zone (Local Water DIP Project WT-009).
ii. Pressure Reducing Station at Grove Avenue and Chino Avenue, which will provide the second point of connection from 1010 Pressure Zone (Puture Local Water DIP Project wr-009).

OWNER shall pay one hundred percent (100%) of the costs to construct the Phase 2A Improvements and the Interim Chino Avenue Loop, within forty-five (45) days prior to the CITY'S award of contract, and such payment shall be the "Phase 2A Water Payment". The costs in the foregoing sentence shall equal the actual bid amount of the awarded contracts for the work, plus fifteen percent (15%). Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIP Credit in the Regional Water Category and/or the Local Adjacent Water Category, as appropriate. Each DIP Water Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment.
c. Phase 2B Water Improvements shall consist of the following:
i. WT on Prancis Street between Grove Avenue and Bon View Avenue (Regional Water DIP Project WT-010).
il. WT on Bon View Avenue between Prancis Street and the Bon View Reservoir Site (Regional Water DIP Project WT-010). ill. WT - Nine (9) Million Gallon reservoir at Bon View Reservoir Site (Regional Water DIP Project WT-014).
iv. WT - Two (2) Groundwater Production Wells in vicinity of Bon View Reservoir Site (Regional Water DIP Project WT-007). 40 489
B-5
V. WT on Grove Avenue between Chino Avenue and Francis
Street (Regional Water DIP Project WT-010). The final design and alignment north of Riverside Drive is subject to change at the reasonable discretion of the CITY.

The Phase 2B Water Improvements will be constructed by the CITY and funded by future developers. In recognition of OWNER'S payment towards funding one hundred percent (100%) of the Phase 2A Water Improvements and Interim Chino Avenue Loop, the OWNER'S obligation to participate in the funding of the Phase 2B Water Improvements shall not be required for the Property. CITY and OWNER mutually agree and understand, that with completion of Phase 2A and the Interim Chino Avenue Loop, the project will be utilizing interim water supply and storage capacity from the 1010' Pressure Zone and that other developers will be required to participate in the funding of future Phase 2 Water Improvements to support the permanent water supply and storage needs of future development within Ontario Ranch.
41 490

EXHIBIT C

PUBLIC IMPROVEMENTS
(ATTACHEDl
491
C-1
r LOCATION MAP
*
rTT'«ap» (its
I'
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E0a^':dPPCy
is 1
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TJ EUCALYPTUS AVENUE
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MERRILL AVENUE
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492
C-2 INFRASTRUCTURE EXHIBIT

CITY OF CHINO
UJ
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MATCHLINE - SEE BELOW LEFT
T
LEGEND

EUCALYPTUS AVENUE

INSTALLED PUBLIC STREET

INSTALLED LANDSCAPE

INSTALLED TRAFFIC LIGHTS

INSTALLED TRAFFIC SIGNAL

INTERCONNECT
MATCHLINE - SEE ABOVE RIGHT MATCHLINE - SEE SHEET 2
^estLAND
[Group/ Inc. Engineering •Geospatlal* Land panning
4150 CONCOURS, ONTARIO. CA 91764
PHONE; (909) 989-9789 FAX: (909) 989-9660
200
sea e
r= 200'
200
EE
400
feet
SHEET 1 OF 2
493
03 INFRASTRUCTURE EXHIBIT

CITY OF CHINO
MATCHLINE - SEE SHEET 1
MERRILL AVENUE ^1
o
cmr or Ontario
f.w

CITY BOUNDARY
cm^ OF CH NO
LEGEND
111
o
o
ZD
UJ
^estLAND

INSTALLED PUBLIC STREET
^ INSTALLED LANDSCAPE
jl ♦ INSTALLED TRAFFIC LIGHTS

INSTALLED TRAFFIC SIGNAL

INTERCONNECT
yCrOUp/ Inc. Engineering •Geospatial* Land Planning
4150 CONCOURS, ONTARIO. CA 91764
PHONE; (909) 989-9789 FAX: (909) 989-9660
200
scale
200
1"= 200"
400
feet
SHEET 2 OF 2
494

EUCLID AVENUE
».%
js'-a
•••
irm
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f SULTANA AVENUE /«:• ■. m s. - j. — *
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k' >
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ST: Ki
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GROVE AVENUE
TS?
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II
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495
C-5 INFRASTRUCTURE EXHIBIT

CITY OF CHINO
V
' CflY OF OHTAWO
Ti
juii V. : '

MERR LL AVENUE
lU
_ t
CfTY or CHINO CfTY BOUNDARY

OTY OF ONTARIO MERRILL AVENUE
cmr OF CHNO CITY eOUMMRY
LEGEND
' INSTALLED STORM DRAIN

INSTALLED TRAFRC SIGNAL

INTERCONNECT
m^estLAND
rcroup. Inc. Engineering • Geospatiel • Land Planning
4150 CONCOURS, ONTARIO. CA 91764
PHONE: (909) 969-9788 FAX: (909) 969-0660

INSTALLED PUBUC STREET

I I INSTALLED SIDEWALK

INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS
O D INSTALLED STREET UGHTS 200
scole
200 400
r= 200' feet
SHEET 1 OF 2
496
C-6 INFRASTRUCTURE EXHIBIT

CITY OF CHINO
bl MERRILL AVENUE OTY OF ONtAR»
cm OF ONTARO
« L
nj E
^WgiB
arc crrr boundary OF CHMO
arr or cmno
g
MERRia AVENUE i
O L■■■
=i
i
gi
LEGEND
INSTAaED STORM DRAIN

INSTALLED TRAFFIC SIGNAL

INTERCONNECT
m^estLAMD
TCroup, Inc. Engineering • Geosp^ • Land PIvninB
4150CONCOURS, ONTARIO. CA 91764
PHONE; (909) 969-9769 FAX: (909)989-9660

INSTAUID PIAUC STREET

I I INSTALLED SIDEWALK

INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS

O D INSTALLED STREET UGHTS
r= 200'
400
feet
SHEET 2 OF 2
497

EXHIBIT D

SCHEDULE OF PERFORMANCE
lATTACHED)
498
D-1 ORBP
Offsite tmpiovements Schadul*
o TakNim* lOuniioa sun FMih |Pinlinuiuis
1 OfWP OVERAU SUMMERY SCHEOULl 3fil days Thu 5/23/24 Mon 7^25 MtrrUI Am. Imp North SMe Strwt (Eucfid to 6roM) 71 days Mone/10/24 Sati/31/24 } Slerm Oriin Otili S Approval (PC 2 Si^Ktrd 5/10/24) 38 days Mon 6/10/24 Wed 7/24/24 ~4~ NonUr - Bon View / Merhll AddHlonii CB • Uptlied C8 15 days Thu 7/25/24 Sat 8/10/24 3 s Horsar - Bon View tnlencctlan DW Une Contvuctlon Sdays Mon 7/1S/24 Fit 7/19/24 NorsUP - Bon View InlefMetlen RW UMConttnxtlon Sdays Thu 7/1B/24 Tua 7/23/24 SFS-3days 7 PW/RW Testing end AuepTance Udays Sat 7/K/24 fn 8/2/24 5 ■ NersMr-Ben View Ci. MH v CBi (no Impaa to Sti. Imp.) 10 days Mon S/12/24 ThuB/22/24 4 \'i«sv/Mrmll hilcup^lfAH [loithxlinf Soil Cemchl] ts djvi lL.r»/(./J4 IhLP«'/»/2'l 5,6.4FS4 days ' io~ S4* iS-sotcconfmjctioA 10 days Tub 6/11/24 Fri 6/21/24 "Ti" 60*iS*McrrtllAve. E»tSyHraOW2 JS UpM* tan to 60* 23 days Mon 7/8/24 Fri 8/2/24 12 60' IS Kecwittioct RC( Pavrm«int S dayi Sal 6/17/21 Ihua/12/24 lt9FF "fj form/Poot Stid«wilk Jdayi ItiS/n/M Mui. t/26/74 IW
14 DO TrnI 5 ddT) ImS/jj/M WrdS/2»/24 1355
1J Atxi suipiiqr idays Frt8/Z3/24 Mon 8/26/24 9
It ri>oVvif SwiKh ScHJih <o ^cxtti Soir }days Thu a/29/24 Sat 8/31/24 i4Ai2.ia,i5 17 0 Itj-,n P.i-I !,• 'jl !.'3I'/4 16,10
' ii~ Mtnfll Awe. Imp South Shtc (EuclM to Grovo) 161 days Men e/17/24 ThuU/26/34 "it Oty Chirpo / Cocmty Encroeehmenl Agroemem (Placeholder) iday Thu8/V24 Thu 8/1/24 ' » Nortlwlde TrilTtc Control Plan (Pcndaig from All Amaricai) SO days Mon 6/17/24 Wed 8/14/24 21 South Side Road Imprevemant* (EjrduAig Eucfld Inmrucllon) Wdays Tua B/1/24 Wad 12/18/24 ~a Clei' h Cs^4l^ / I •rkv«tio*i 11 davh Iurs;j774 Ihu <>,'191 J.I 19J0,15 ~a / HiiOil 4 prkviviv 19 .+•>•« fn o/!ii';r Pi.' IC/!./4 22 CMne - Irrlptton - Water Servkaa Sdays Wad 10/2/24 Mot) lB/7/24 23 25 Cn-.m.-M 'All 5 rtiyi V.14!'.' l/!'l M;lli 23
Odne-SttaetUgliti 15 days TmIO/B/24 Thu 10/24/24 25
~27~ Odne-SidBwaai IS days FH10/25/24 Mon 11/11/24 26
21 CMno - Iwidicepint and trrtgallen Wdays Tua 11/11/24 Wad 12/18/24 27 a~ 14a,. lik< LO/8/24 S,.l ;0,'12.'14 25
» Soil Ccniinl |( iiiiiiiiir R Vafui now) ( dert Moo 10/14/24 Thu lC/l'i/4 29 11 A^(7c<f >t« Elis4 < anstrcclion a day. f'l 10/11/74 Sat in//6'/4 30 u Odno-Ntidnt bnpememaett ISMys I8M1Q/2B/24 WadU/lVM 31 u UifCAiuirCC htor^ection PMin4 to day* Mon 10/2S/24 Thu 11/7/14 31 "5~ CftfTiftwf PCC >nt«n«*ction Pfvlng 10 dayv Sal li/7/14 WnIl5/ll/J4 33FS-Sda^ 35 Oun Vm PCC lnl»ri«(tion P«vint lOdayt FriU/»/24 t.ra I I/1P/J4 34FS4dayi 1 Lr- _A_ 1 ° 0 , J . r , M , * , M _L_ i . s
' 1/3
OW / S<XC Summay Schadul*
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499
D-2 ORBP
Offittte Improvenwnts Scheduto
SOIC l>Cf Ifltctmlton ttmnt
Aiphatl ftiu pMin(
Cap Pptfhri
S.I/.i Slnpini
Avc. OpmloTrtffle
Marrfl Ave. Mgnalt 9 Suttuii Avv.

Chino City CouncilDecember 2, 2025

Chino City Council
December 2, 2025