Standard Contract
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into this ____day of __________________, 2026, by and between the CITY OF CHINO (Chino), and the SANTA ANA W ATERSHED PROJECT AUTHORITY (SAWPA) for the design of the Euclid Bridge – Brine Line Reach IV-D Relocation (Project).
WITNESSETH
WHEREAS, the City of Chino ( CHINO) and the Santa Ana Watershed Project Authority (SAWPA) are signatories to this Memorandum of Understanding (MOU), and may hereinafter be individually referred to as a “ PARTY” and, collectively referred to as the “PARTIES”; and
WHEREAS, CHINO is designing the Euclid Avenue Bridge Project – ST243 and in coordination with SAWPA has identified certain brine line facilities owned, operated, and maintained by SAWPA to be in conflict with the proposed viaduct alignment; and
WHEREAS, the PARTIES desire to cooperate and jointly participate in the development, funding, and design (collectively, the design phase) of a brine line facility, generally referred to as Brine Line Reach IV-D Relocation, located on Euclid Avenue from Pomona Rincon Road to Pine Avenue as depicted in Exhibit A . The design phase, together with the construction phase of the facility, are hereinafter referred to as the “PROJECT”); and
WHEREAS, the PARTIES agree that the PROJECT will be of mutual benefit to the PARTIES; and
WHEREAS, the estimated PROJECT design cost is four -hundred sixty-eight thousand Dollars and zero cents ($468,000) as shown on Exhibit B; and
WHEREAS any funding obtained for this PROJECT through grants or contributions from outside agencies shall lower the total cost of the PROJECT equally for both PARTIES; and
WHEREAS, contributions from development impact fees and development projects within a PARTY will be considered a contribution from that PARTY only:
WHEREAS, CHINO will act as the Lead Agency on the PROJECT; and
WHEREAS, the PARTIES agree that upon completion of the PROJECT , SAWPA shall own, operate, and maintain the PROJECT within CHINO’s jurisdiction; and
WHEREAS, the PARTIES desire to set forth their respective responsibilities and obligations regarding design of the PROJECT.
Revised
NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the parties hereby agree as follows:
SECTION I
1.0 CHINO SHALL:
1.1 Act as the Lead Agency to have a consultant prepare all environmental documents, construction plans, specifications, engineer’s estimates, and manage the design of the PROJECT.
1.2 Process necessary environmental documents as required, including but not limited to, pursuant to the California Environmental Quality Act, and obtain all necessary environmental agencies’ approvals for the final design of the PROJECT.
1.3 Provide all services to acquire any right -of-way needed for the PROJECT, including, but not limited to, eminent domain procedures, contacting owners or occupants, entering properties, inspecting, negotiating right -of-way takes, negotiating easements or replacement property for impacted trees, fences, drive approaches, and other property structures.
1.4 Arrange for relocation of any utilities that may interfere with construction of the PROJECT within the PROJECT sites.
1.5 Obtain SAWPA’s approval on the construction plans and specifications prior to advertising for bids on the PROJECT.
1.6 Provide SAWPA invoices on a quarterly basis for cost incurred on the PROJECT.
SECTION II
2.0 SAWPA SHALL:
2.1 Pay its share of PROJECT design costs based on the RATIO as shown in Exhibit B.
2.2 Promptly review and comment on construction plans, specifications and engineer’s estimates prepared and submitted by CHINO or by its representatives, and upon CHINO satisfactorily addressing all of SAWPA's comments.
2.3 Following completion of the PROJECT , own, operate, and maintain the PROJECT.
Revised
SECTION III
3.1 Nothing in this MOU obligates either PARTY to make any monetary contribution to the other or to the PROJECT beyond the amounts listed in Exhibit A.
3.2 The PARTIES agree that they will collaborate with each other to develop and execute a construction cost sharing agreement prior to Advertisement for Bids.
3.3 This MOU may be amended or modified only by mutual written consent of SAWPA and CHINO. Amendments and modifications of a non-material nature may be by the mutual written consent of the respective parties’ Director of Public Works or General Manager or their delegates provided that the individuals have the signing authority to bind the respective parties to the modification.
3.4 Any correspondence, communication, or contact concerning this MOU shall be directed to the following:
SAWPA CHINO
City of CHINO
11615 Sterling Avenue 13220 Central Avenue
Riverside, CA 92503 Chino, CA 91710
Attention: General Manager Attention: City Engineer
Either PARTY may, by notice to the other PARTY, change the address specified above. Service of notice or communication shall be complete, if personally delivered, or five (5) days after deposit of said notice or communication in the U.S. mail.
3.5 Neither CHINO nor any officer or employee of CHINO shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SAWPA under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAWPA under this MOU.
It is also understood and agreed that, pursuant to Government Code, Section 895.4, SAWPA shall fully indemnify, defend and hold CHINO harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of SAWPA under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of SAWPA under this MOU and for all claims, suits or actions brought forth under any theory or assertions of liability occurring by reason of anything done or omitted to be done by SAWPA under or in connection with any work, authority or jurisdiction conferred upon SAWPA or arising under this MOU.
Revised
3.6 Neither SAWPA nor any officer or employee of SAWPA shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CHINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CHINO under this MOU.
It is also understood and agreed that, pursuant to Government Code, Section 895.4, CHINO shall fully indemnify, defend and hold SAWPA harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of CHINO under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CHINO under this MOU and for all claims, suits or actions brought forth under any theory or asser tions of liability occurring by reason of anything done or omitted to be done by CHINO under or in connection with any work, authority or jurisdiction conferred upon CHINO or arising under this MOU.
3.7 If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this MOU, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this MOU , the successful or prevailing PARTY shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
3.8 Venue shall be in San Bernardino County, California.
3.9 The PARTIES understand, acknowledge and agree that the Recitals are true and correct, and are hereby incorporated into this MOU.
3.10 This MOU may be terminated by the written mutual consent of both PARTIES.
3.11 Nothing in the provisions of this MOU is intended to create duties or obligations to, or rights in, third- parties not parties to this MOU, or affect the legal liability of the PARTIES to this MOU by imposing any standard of care respecting the design, construction or maintenance of the PROJECT different from the standard of care imposed by law.
IN WITNESS WHEREOF , this MOU has been fully executed on behalf of CHINO and SAWPA by their duly authorized officers, effective as of the last date hereunder written.
(Signatures on next page.)
Revised
SANTA ANA WATERSHED PROJECT AUTHORITY
By:
(Authorized signature – sign in blue ink)
Name:
Karen Williams
Title:
General Manager
Dated:
Address:
CITY OF CHINO
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 s
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BKF ENGINEERS4675 MACARTHUR CT.SUITE 400NEWPORT BEACH, CA 92660(949) 526-8460www.bkf.com COPYRIGHT © BKF ENGINEERS 2026 1" = 50'scale 50 0 50
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EUCLID-BRINE-LINE-EXHIBIT.dwgPlot Mar 10, 2026 at 5:48pm MARCH 2026CITY OF CHINOEUCLID AVENUE BRINE LINE FACILITIESEXHIBIT A SHEET 1 OF 2 SHEETSJOB NO. 20231121
BKF ENGINEERS4675 MACARTHUR CT.SUITE 400NEWPORT BEACH, CA 92660(949) 526-8460www.bkf.com COPYRIGHT © BKF ENGINEERS 2026 1" = 50'scale 50 0 50
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Revised
EXHIBIT B
DESIGN
Total Cost $468,000
SAWPA Share
(50%) $234,000
City of Chino
Share (50%) $234,000