Agenda packet — Chino City Council, September 15, 2026 (part 3 of 8)

453
Signature Page for Bond #: 36K013200

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:

Name: Br n Goodman
Its: Authori Agent
454

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public v _
insert name ae, r tale of the officer)
personally appeared Bryan Goodman
whoprovedto meonthe basisof satisfactoryevidenceto bethe person(s) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

TANYA K. NESMITH
i Notary Public- California
z
e .--: San Bernardino County _>
Commission r 2254448
My Comm. Expires Aug 16, 2022
Signature 1' 2 / k°.Y} 1. Seal)
455
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1, cY', uf.:,-..{% <', it ti. r^ i' ti.<;.. 7: - ti,, r„-; ti.^„ r, Y:, c,- k-,..,';`.:;. ,:`-- e, 1.- ti.{ c-< v' rilY' tiS. c, c-, 4", c5.`‹-- c,,,^. -:,, c sl` 1 -.; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On
7/ 3 ) Oo beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the persorts- rwhose name( sWare subscribed to the within instrument and acknowledged to me that he/ 1ihey executed the same in his/,?/ their authorized capacity( itrs.),. and that by hisOftheir signature( n the instrument the person( s or the entity upon behalf of which the person($ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS m -. nd and o ial se.

A" 1TONIOALVAR 9D0 Signcure ' ityw i,
K NotaryPub Cali forma
ureof NotaryPublich?'_
r
OrangeCounty
MLYcEe ! 232 1
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:

LI Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— n Limited C General n Partner— H Limited General Individual Attorney in Fact n Individual D Attorneyin Fact n Trustee C Guardian or Conservator 0 Trustee n Guardianor Conservator n Other: Other:

Signer Is Representing: lir\ r" C Y l Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
456
n ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.

Libe rtyf%
Liberty Mutual Insurance Companyl
Mutual. Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

INS( J,
POSYINSUR a iNSUnq The Ohio CasualtyInsuranceCompany
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C 697 * t,' 4)h'1 * t M * 0 By. i D
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David M. Carey,Assistant Secretary
03 State of PENNSYLVANIA c
a) 0) Countyof MONTGOMERY
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On this 20th day of April , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance! N to Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesi>3CO 8 >
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 W
co E
o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written c eL c• 0 opt
o
a)
COMMONWEALTH OF PENNSYLVANIA Q' Or
Si O Notarial Seal p 2
tU
r Teresa Pastella, Notary Pubis'
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Upper Meson Twp Montgomery County By: / t-«'
Ero My Commission Expires March 28, 2021
eresa Pastella, NotaryPublic 0 ca
Member. Pennsylvania Assc. Uan of Notaries 0.. 0at 0
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ThisPowerof Attorneyis madeandexecutedpursuantto andby authorityof the followingBy-lawsandAuthonzationsof TheOhioCasualtyInsuranceCompany, LibertyMutual O. g- Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows d to a rtli
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2 ARTICLE IV- OFFICERS: Section 12. Power of Attorney. a L AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem 0 President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > c) anyandallundertakings,bonds,recognizancesandothersuretyobligations-Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shalls% havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted, suchEci Z U instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the`= co provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority o(-3 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I—‘-- shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandto attachtheretothesealof theCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessaryto actonbehalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce andeffect as thoughmanuallyaffixed.

I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertify thatthe originalpowerof attorneyof which the foregoingis a full, tnie and correctcopy of the Powerof Attorneyexecuted by said Companies,is in full force andeffectand has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this L. ) t c&
ay of ,,,)
Pr4INS1.4 P?v-TV INS
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1912 0 0 1919 1991 yj,•y"`/c ""—v o e o
cHUC. t a ZO RAMPS., aa3 'es, *
volANP'
N,da
By:

ReneeC. Llewellyn,AssistantSecretary1 * t M * >`
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
457
Exected in Triplicate
Premium: Included in Performance
Bond No.: 36K013200
Contract No.: 202 I - Oq0
Approved: - 1 I21 I to # 13

WARRANTY BOND
TRACT MAP NO. 20164
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL," haveenteredintoanagreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. TM 20164 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Thirty-Two Thousand Seven Hundred Dollars ($ 832, 700. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation_ The Ohio Casualty Insurance Company PRINCIPAL SURETY _
By: See Attached By,
Jessic arcia, ttorney ct

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
458
Signature Page for Bond #: 36K013200

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor tion
By:

Name: Br n Goodman
Its: Authori d Agent
459

State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS myhand and official seal.

Y K NESMIrH
Nota-y Public California
I_ o is -. ) San Bernardino County
Commission# 2254448
My Comm.Cxpres Aug 16. 2022
Signature ( v/ e ' iC . Seal)
460
This Power of Attorney limits the acts of those named herein, and they have no authority toor bind the Company except in the manner and to the extent herein stated. 8Ni• LibertyPak
Liberty Mutual Insurance Company
Ia ` Mutual® The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY

INWITNESSWHEREOF,thisPowerof AttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
P,
tNSt/
Rq Ps.
ty
INstp d tNs4R4 The Ohio CasualtyInsuranceCompany
s GpNpORg4y0 e 400° R4r 9y VP(po° 44T + c, West American Insurance Company en 3 Fo en Ar 3 Fo m
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1 1912 7
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gi7 * 0 y1 * O dM * P* BY: n
al David M. Carey, Assistant Secretary y
ro State of PENNSYLVANIA C
773
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rn Countyof MONTGOMERY
ss fro
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On this 20th dayof April , 2020 beforemepersonallyappearedDavidM.Care whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutualInsurance o
PPe Y, 9
oto Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesToW 45y therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 E

IN WITNESS WHEREOF-
1: 3
I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written c Q . .00
r

COMMONWEALTH OF PENNSYLVANIA T
O Notarial Seal ---- y \ 0-C
v
i 1l0ec) / QQ a` froTeresa Pastella, Notary Public O t 1 t Upper Merton Twp.. Montgomery County By: 7 EC L
a / My Commission Expires March 28. 2021 en
eresa Pastella,NotaryPublic
cu'-- Member Pennsylvania Assouation of Notaries Cl- O co u) no
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual

0. 0 Insurance Company, and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: aa) ARTICLE IV- OFFICERS: Section 12. Power of Attorney. o, 4- I.-
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the- . n Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety > anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shallaC t ' 5.
havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchE tv u instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authorigranted to anyrepresentative or attorney- in- fact under the M Z v 9 ry ty 00
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority tCjCi ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings eQ AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, l--', shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattomeys-in-factsubjectto thelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto hindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.

Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattomeys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.

Authorization--ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.

I,ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked. t 4
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this t- '-- t(--'
day of `- 141l.
3 ,+- -:

V,
Ns.„... 0, 4 INsv tNSU,pq
JpGoµp.„„,, 74, yJPooaaoRg ,,,_ VPcoµpoRgT ( 3 Fo RI Fo mo m
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1912 0 0( 1919 ry 1991

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d sACHos. - by °\ RAMes-.
da YS NeIAN,' At, ReneeC. Llewellyn,AssistantSecretaryah * 1- 4711 * I,N4 M * Pk Y
LMS- 12873 LMIC OCIC WAIC Multi Co_ 12119
461
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189

1... `, G, , 1. 1;, f. it.-,-;,, tit). Y` tiY• tixti, ,,-,-, r v .. tii, t •.:,-,.. t:,';<' tiA-. 1 ' 1' ti: C,: 0ti., ctii' , sue; ii' ti K,` A.(' oc-,, Q,-,-..,-,-_ . 4.,% ti l,._ rr.

A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof theindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of Orange
On fore me, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
whoprovedto meon thebasisof satisfactoryevidenceto bethe persor4s,)-whosenamefs)aare subscribedto the within instrument and acknowledged to me that he/ ie' hey executed the same in his/ el' their authorized capacity( ieej- and that by his/ their signature(}- un the instrumentthe persortfst, or the entity upon behalf of which the persoM4$ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my ha • nd officil seal.
r ANTONIOALVA? ADO j_
L Signat e Cam'441 Nof3ry public- Caiiforma
z\ r»
n Orange County igna • o votaryPublic
Comm s,on a 2221608
My Coma Expire: Nav 12,2021
Place Notary Seal Above

OPTIONAL
Thoughthis section is optional, completingthis informationcan deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):
0 Corporate Officer— Title( s):
n Partner— n Limited n General n Partner— _ J Limited Li General n Individual Attorney in Fact n Individual I Attorney in Fact n Trustee n Guardian or Conservator n Trustee Guardian or Conservator Other: Other:

Signer Is Representing: - 1 c C h,, G; Signer Is Representing:

CLLSV (
11410 -30 bY' rf)(iii
2014 National NotaryAssociation •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
462
Liberty Mutual. LibertyMutualSuretySURETY17771 Cowan, Suite 100• Irvine, California 92614•( 949) 263- 3300 www.libertymutualsurety.corrl
Executedin Triplicate
BOND NO. 024247169
160. 00
premium is for a
term of One
years).

MONUMENTATION BOND

FOR SUBDIVISIONS
KNOWALLMENBYTHESEPRESENTS,THATWHEREAS, ChinoPreserveDevelopmentCorporation hereinaftercalledSUBDIVIDER, isthedeveloperofthatcertainsubdivisionknownasTM20164Discovery Park( Block 4) andWHEREAS,allmonumentshavenotyetbeensetinthepositionsnotedintheproposedFinalSubdivisionMapforsaidsubdivision, NOW,THEREFORE,wethesubdividerasPrincipal,andtheTheOhioCasualtyInsuranceCompanyP 0 Box 34526 Seattle WA 98124 LegalTitleandAddressof Surety)
asSurety, areheldandfirmly bounduntothe CityofChino
in the sum of FortyThousandandNO/100
40, 000. 00
lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, executors, administrators, successors, orassigns, oranyoralloreitherofthem, shallfailtopayanyengineerorsurveyorforthesettingmonumentsinthepositionsnotedintheproposedFinalSubdivisionMapforsaidsubdivisioninaccordancewiththeprovisionsofGovernmentCodeSec. 66495et. seq., thensaidSuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth.

ITISHEREBYEXPRESSLYSTIPULATEDANDAGREEDthatthisBondshallinsuretothebenefitofanyandallpersons,companies,andcorporationsentitledtofileclaimsagainstit,pursuanttoGovernmentCodeSec. 66497.

ShouldtheconditionofthisBondbefullyperformed, thenthisobligationshallbecomenullandvoid,otherwiseitshall beand remain in full force and effect.

AndthesaidSurety, forvaluereceived, herebystipulatesandagreesthatnochange, extensionoftime, alteration oradditiontothetermsoftheAgreementorContract, ortotheworktobeperformedthereunder, shallinanywayaffectitsobligationsontheBond,anditdoesherebywaivenoticeofanysuchchange, extensionoftime,alteration or addition to the terms of the Agreement or Contract.

INWITNESSWHEREOFthisInstrumenthasbeendulyexecutedbythePrincipalandSuretyabovenamedon July 23, 20 2020
Principal
Surety
Chino Preserve Development Corporation
TheOhioCasualtyInsuranceCompany
By:

By: See Attached Jessica Garcia
Attorney- In- Fact
1D- I416( CA)( 5/ 19)
463
Signature Page for Bond #: 024247169

CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:

Name: Br an Goodman
Its: Authori d Agent
464

State of California
County of San Bernardino _
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
te., /
San Bernardino County
Commission 5 2254448
My Comm. Expires Aug to, 2022
Signature ( i4' i G Seal)
465
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 t- cvl.'- K,-( xxx, 1y(. y. <-... -:,^ t,-+..<' 4,', c, . 1;, ti ,.: 2, tii.,-' ti., ti.,- nx',,: 4'<. tis_'-:. a, - 1...'‘„ i. tti< v` l.,:;< i Cn' Y% Gi, s"` 3-+_ t.:-- 1..:

State of California
County of Orange
On / /- 1,3t i) efore me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(}- whose narne( s) ' are subscribed to the within instrument and acknowledged to me that he/'/ they executed the same in hisOtheir authorized capacity( ias). and that by his/ heir signature(.- on the instrumentthe person(s), or the entity upon behalf of which the person( sOracted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my ha • _-: official se.

Ati ON10ALVA.RADO
SignaNotaryPublic califomia g A _
OrangeCoL ty rof Notary Public
j2Cornmssor22O8 _
61yComm ExpiresNov?2. 2021
Place Notary Seal Above

OPTIONAL
Thoughthis sectionis optional, completingthis informationcan deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):
n Corporate Officer— Title( s):
0 Partner— n Limited General 0 Partner— n Limited n General n Individual Attorney in Fact n Individual n AttorneyinFact n Trustee ri Guardian or Conservator n Trustee n Guardianor Conservator Other: n Other:

Signer Is Representing: lv-N C (;: hll V Signer Is Representing:
2014 National NotaryAssociation •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
466
olow ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Companyilk
PMutual® The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY

POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI.visa R.Av,uinaldo,AntonioAlvarado,BrettD.Asmus,VictorA. Ballesteros,DebraBell,Janef. Block,ShirleyA. Campi,JorgeCorrea,MichaelJ.Forman,JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,Jimflume,MaricelaLitres,BrianNgare,JennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,L.upeVillarreal, StevenC. White,AnthonyK.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
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On this 20th dayof April , 2020 beforeme personallyappearedDavidM Care who acknowledgedhimselfto be the AssistantSecretaryof LibertyMutual Insuranceo PP Y, 9 H. to Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesti U) a)_> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c° uJ o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c ° o COMMONWEALTH OF PENNSYLVANIA V
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t}? ThisPowerof Attorneyis madeandexecutedpursuantto andby authorityof thefollowingBy-lawsandAuthorizationsof TheOhioCasualtyInsuranceCompany, LibertyMutual O•= Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: o aa) ar
w ARTICLE IV- OFFICERS: Section 12. Power of Attorney. 5 ioT.4.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ro p 2 Res ( Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety7 any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall. 0 o ` havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEr,1 Z o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the go)
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings.

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AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjectto suchlimitationsasthechairmanorthepresidentmayprescnbe, I—',- shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandtoattachtheretothesealoftheCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attested by the secretary.

Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's Boardof Directors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerof attorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce andeffectas thoughmanuallyaffixed.

I,ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpowerof attorneyof whichthe foregoingis a full, true and correctcopyof the Powerof Attorney executedby said Companies,is in full force and effectand has not been revoked.
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467

9. 13

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JULY 21, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 4 PROJECT - FINAL TRACT MAP NO. 20164.

RECOMMENDATION
1) Approve Covenant Agreement for Prepayment of Development Impact Fees; 2) approve Tract Map No. 20164; 2) approve the Subdivision Improvement Agreement and securities with Chino Preserve Development Corporation ( CPDC); 3) approve a reimbursement agreement with CPDC for public improvements related to Tract Map No. 20164 for a not to exceed amount of $ 630,878; and 4) and authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
The prepayment of Development Impact Fees will adhere to the requirements set forth in the Covenant Agreement which are contingent upon the issuance of building permits, which will provide working capital for the current design and permitting activities the City is undertaking.

DIF credits issued to the developer through the duration of the project will be deducted from the actual project costs once the final cost accountinghas been reviewed and approved by the City Engineer. Upon the final acceptance of the public improvements by the City Council, staff will continue to monitor the fund balance in the appropriate Development Impact Fee Fund and begin making progress payments to the developer until the terms of the Credit/Reimbursement Agreement are fulfilled. Each progress payment will require an appropriation of funds and therefore, each payment will be brought back to the City Council for approval. These arrangements result in no net impact to the General Fund.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR Packet Pg. 195
468

9. 13
COUNCIL MEETING DATE: JULY 21, 2020
SUBJECT: CHINODEVELOPMENTPRESERVECORPORATIONBLOCK4 PROJECT - FINAL TRACT MAP NO. 20164
PAGE 2

BACKGROUND
On August 5, 2019, the Planning Commissionapproved Chino Preserve Development Corporation's applicationforPL18-0012 (MasterSiteApproval) andPL18-0013 (TentativeTract MapNo. 20164) an "A" levelmasterplanandsubdivisionforconveyancepurposesofa54.78 grossacre (55.86adjustedgrossacres) projectsiteforthedevelopmentof388residentialunits atanoveralldensityof6.95dwellingunitsperacreintheLDR (LowDensityResidential) land use designation. This projectis generallylocatedsouthof PineAvenue, westof Hellman Avenue, andnorthandeastof ChinoCoronaRoadforwhatisknownastheSouthofPinearea in The Preserve Specific Plan ( Exhibit 1).

As part of the Engineering Conditions of Approval ( COA), the developer is required to design andconstructcertainpublicimprovementsexpandingon theexistingbackboneinfrastructure including, butnotlimitedto: potableandrecycledwaterlines; full streetimprovements; storm drainimprovements, trafficsignalupgrades, andotherinfrastructure. Thealteredorconstructed publicimprovementsshallcomplywithaccessibilityrequirementsat the timeof their constructionand will be reviewed by Council prior to project acceptance.

Therequiredpublicimprovementsnecessitatetheexecutionof a subdivisionimprovement agreementand the postingof securitiesto ensurethe timely deliveryof said public improvements. Additionally, someof the requiredpublicimprovementsare master-planned facilities, which are includedin the City's DevelopmentImpact Fee and Nexus Calculation Report and correlating Master Facilities Plan (" Report"). Public facilities included in the Report are eligiblefor DevelopmentImpactFee (DIF) credit/reimbursementper the City's Municipal Code Chapter 3. 45.

ISSUES/ ANALYSIS
TheCityconditionsdevelopmentprojectsadjacentto PineAvenueto dedicatethe necessary rights-of-wayandto designandconstructportionsoftheinterimand/or ultimateimprovements requiredfor the build-out of PineAvenue. Althoughthis has advancedsome of the required construction, theCitytooktheleadto completetheplanning, designandconstructionof said improvements.

TheCOAfor this Projectrequiresthedeveloperto constructthe phasedimprovementson Pine Avenue, acquireright-of-way, andagreeto pre-payStormDrainandCirculationDIFtofundthe ultimate Pine Avenue improvements, including design and permitting activities currently underwaybytheCity. Thisis necessaryto continueto allowforresidentialandcommercial developmentin The Preservewhilethe PineAvenueimprovementsare properlyphased, and thelengthypermittingprocessesthroughOrangeCountyFloodControl, Caltrans, andtheArmy Corpsof Engineerscan be completed. The commencementof the nextphaseof PineAvenue improvements is next spring, as Merrill, Kimball, and Bickmore Avenues will all be under constructionat differentpointsthroughthis winter, and the City needsto logicallyphasethis construction to ensure traffic in the area flows well.

The requirementsmadeat the time of the TentativeMapand Site Approvalare metwith the execution of a Subdivision Improvement Agreement and securities. Additionally, upon completion (bythedeveloper) ofanyofthemaster-plannedfacilitiesincludedintheReport, the City Engineer will review the final accepted/ approved " as- built" plans, specifications and supportingdocumentationandwilldeterminewhatcostsareeligibleforreimbursement. There

CONSENT CALENDAR
Packet Pg. 196
469

9. 13
COUNCIL MEETING DATE: JULY 21, 2020
SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 4 PROJECT - FINAL TRACT MAP NO. 20164
PAGE 3
may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate. If that is the case, City staff may include the updated costs for the project in an annual update to the Nexus Report. Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments to the Developer until the terms of the agreement are fulfilled.

The recommended action includes approval of a Covenant Agreement for Prepayment of Development Impact Fees. The terms of that agreement allow the developer to prepay the DIFs for Storm Drainage Collection System Facilities and Circulation ( streets, signals and bridges) and lock in those DIF amounts applicable at the time of payment rather than at the time typically due when securing building permits for the residential units, with no deadline for the developer to construct the applicable units. In exchange, the City receives the up front payments and can begin to use such funds for purposes consistent with the Report rather than await future payment.

Attachments: Exhibit 1 - Location Map
Exhibit 2 - Covenant Agreement for Prepayment of Development Impact Fees Exhibit 3 - Subdivision Improvement Agreement
Exhibit 4 - Construction Reimbursement Agreement
CONSENT CALENDAR Packet Pg. 197
470

CERTIFICATE
OF

EXECUTIVE VICE PRESIDENT/ CHIEF FINANCIAL OFFICER
OF

CHINO DEVELOPMENT CORPORATION
The undersigned hereby certifies the following:

1. The document attached to this certificationis a true and redacted copy of a resolution adopted by Unanimous Written Consent of the Board of Directors of Chino Development Corporation, effective as of September 12, 2003, and the same has not been revoked, modified, or amended with respect to the matters for which this Certificate has been requested; and

2. I, John M. Goodman, Executive Vice President/ Chief Financial Officer of Chino DevelopmentCorporation, (the" Corporation") certifythat, as of the date of this Certificate, the individual named below holds office with the. Corporation set forth beside his name and the signature beside the name of the individual is the true signature of that individual.

Signat Name Office Held
Bryan T. Goodman Senior Vice President
Ce ' led 07/ 28/ 2020
Jo . Goodman
utive Vice President/ CFO, of Chino
Development Corporation
a California Corporation
471
f 1

UNANIMOUS WRITTEN CONSENT
OF THE

BOARD OF DIRECTORS OF

CHINO DEVELOPMENT CORPORATION

A CALIFORNIA CORPORATION
TheundersignedDirectorsof ChinoDevelopmentCorporation,a Californiacorporation the" Corporation"), haveconsentedtotakingtheblowingactionsandadoptingthe followingresolutionspursuantto Section307(b)oftheCaliforniaCorporationsCodeand Section 3.11 of Article 3 of the Bylaws of the corporation:
i

REDACTED)
NOW THEREFORE BE IT RESOLVED that Richard A. Lewis, Corporate President, Robert E Lewis, Executive Vice President, Roger G. Lewis, Executive Vice President/AssistantSecretary, RandallW. Lewis, ExecutiveVicePresident, JohnM.

Goodman, SeniorVice President/Chief FinancialOfficer,or David R. Lewis,Vice President individually,a° Senior Officer" andcollectively,the"Senior Officers") eachone acting alone be, and each one acting alone hereby is, authorizedand empowered to act for and on behalfof andin the nameof theCorporationas its corporateactanddeed, in connectionwithANYANDALLOFthebusinessactivitiesoftheCorporationincluding, without limitation: (1) to negotiate and enter into acquisition, development, construction, marketing, and sale or lease agreementsfor the acquisition,development, construction, marketing,andsaleor leasingof realpropertyinconnectionwithsuchbusinessactivities; 2)to amendany such acquisition, development, construction, marketing, and sale or leaseagreementsto betterreflectthe understandingof the parties; (3)to appearbefore governmental and quasi-governmental bodies, boards, and agencies to obtain governmental permits and other approvals In connectionwith the business activitiesof the 1 Corporation; (4)to negotiateand enterintoconstructionandpermanentloansand loan commitments and agreements ( collectively, " Loans") to be secured by specifically CDC: COMPREHENSIVE RESOLUTION 1- September 12, 2003
472
designatedrealproperty("RealProperty)oftheCorporationwithinstitutionallenders t ( collectively, " Lenders") such as banks, savings and loan associations; insurance companies,stateandfederalagencies,andthelike;(5)to executeanddeliverto Lenders suchnotesor otherevidencesof indebtednessof theCorporationfor such Loans,as a particularLendermayrequire,andto executeanddeliver,fromtimeto time,renewalsor extensionsof suchnotesorotherevidencesofIndebtedness; (6)to granta security interestin, transfer, orotherwisehypothecateordeedintrustfora particularLender's benefitanddeliverbysuchinstrumentsinwritingorotherwiseasmaybedemandedby theLender, the RealPropertyandanyoftheotherrealor personalpropertyof the CorporationusedinconnectionwiththeRealPropertyasmayberequiredbytheLender to securethe paymentof any notesor otherindebtednessof the Corporationto the Lender,(7)to amendanysuchnotes,deedsoftrust,or otheragreementsto reflectbetter theunderstandingof the parties; (8)to performallotheractsandexecuteand deliverall otherinstrumentswhichanySeniorOfficeractingalonemaydeemnecessaryto carryout thepurposesoftheresolutionssetforthinthisUnanimousConsentand (9)to perform, acting alone, each of the specific actions described in the resolution entitled ComprehensiveAuthorization",as suchresolutionis eithersetforth belowor adopted atsomelatertime,inthename,andforandonbehalfoftheCorporation;moreover,any SeniorOfficermay,inexecutinganydocumentsorintakinganyactionsasauthorizedby thissection,identifyhimselfor herselfby hisor herthencurrentcorporatetitle or as an AuthorizedAgent" and any SeniorOfficerdesignatedin this sectionas an Authorized Agentmaydelegateto another:andisauthorizedandempoweredto substituteanotherfor himselforherself,withfullpowersInsuchsubstitutionto actInhisor hersteadin thesame manneras if such delegate had been namedhereinas an AuthorizedAgent BEITFURTHERRESOLVEDthatthesignatureofanysingleSeniorOfficeronany acquisitionagreement, developmentagreement, constructionagreement, marketing agreement, sale or lease agreement, or other instrumentor agreementexecutedin connectionwiththe businessaffairsoftheCorporationshallconclusivelybedeemedto'be evidence of his or her approval on behalf of the Corporation, of such acquisition agreement,developmentagreement,constructionagreement,marketingagreement,sale or lease agreement or other instrument or agreement~

REDACTED)
CDC: COMPREHENSIVE RESOLUTION 2- September 12 2003
473

REDACTED)
J
COC: COMPREHENSIVE RESOLUTION 3- September 12, 2003 474
i

REDACTED)
i
CDC: COMPREHENSIVE RESOLUTION 4- September 12, 2003
i I
I
475
I

REDACTED)
ThisUnanimousWrittenConsentmaybeexecutedbytheseveralmembersoftheBoard of Directorsin multiplecounterparts. All of thecounterparts,or signedsignaturepages thereof attached to one counterpart, shaft constitute the appropriate approval of this 1 Unanimous Written Consent and shall be filed in the Book Min of the Corporation.• This Unanimous, w;'
1= n Consent is executed to ptember 12, 2003.

Richrd A. L-
Robert E. Lewis ail W. Lewis
J.
0 M. Goodman
CDC: COMPREHENSIVE RESOLUTION 5- September 12, 2003
476
BO
BO

ACADEMY ST

EXPOSITION ST

INNOVATION ST

TRAILBLAZER AVE

GLOBETROTTER AVE

WANDERLIN PL

NEWVIEW PL BRIGHTSONG WY

EMBARK WY

BURROW PL

ROVING PL

TRAVERSE WY

SEARCHER ST

GLOBETROTTER AVE

REFLECTION ST

SEARCHER ST

SEEKER ST

PATHFINDER AVE

GROUND BREAKER AVE

PACE SETTER ST

VANGUARD ST
TRACT 20168
(NAP)
TRACT 20167
(NAP)

DISCOVERY PARK
(NAP)
TRACT 20166
(NAP)TRACT 20165
(NAP)
TRACT 20249
(NAP)
TRACT 20248
(NAP)
TRACT
20248
(NAP)
TRACT
20249
(NAP)

ADVENTURE
TRACT
20168
(NAP)

MARKET ST

EAST PRESERVE LOOP

LEGACY PARK ST

HELLMAN AVE

MARKET ST

DISCOVERY PARK AVE

DISCOVERY PARK AVE
LEGEND:

PREPARED BY
TRACT 20164
EXHIBIT C - Public Improvements Atlas
477

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award Construction Contract to United Storm Water, Inc. for Catch Basin Trash Capture Retrofit (SD231).
..end

RECOMMENDATION
1) Award a construction contract to United Storm Water, Inc. for $263,452 for Project SD231; 2) authorize approved contract change orders up to $26,345 for construction contingencies for a not to exceed contract of $289,797; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2026 -27 Capital Improvement Program (CIP) for this project. Current expenditures to date include filing of the notice of exemption under the California Environmental Quality Act (CEQA) and publication of the Invitation for Bids. Fiscal Year 2026-27 project budget is summarized below:

Project SD231 - Catch Basin Trash Capture Retrofit
Fund Adopted Budget Expenditures Available Budget
540 – Storm Drain Fund $330,000 $250 $329,750

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

Revenue: Click or tap here to enter text.

Expenditure: 5407360-48005-SD231
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 478
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD CONSTRUCTION CONTRACT TO UNITED STORM WATER, INC. FOR CATCH BASIN TRASH CAPTURE RETROFIT (SD231).

PAGE: 2

BACKGROUND
On April 7, 2015, the California State Water Resources Control Board (SWRCB) adopted statewide Trash Provisions to address the impacts of trash pollution on surface waters. The Trash Provisions establish a statewide water quality objective for eliminating trash and mandate a consistent statewide approach to ensure “no trash in state waters” as an effort to reduce environmental and public health impacts associated with trash pollution. Since Trash Provisions have not yet been implemented through the San Bernardino County Municipal Separate System Storm Sewer (MS4) Permit, the Santa Ana Regional Water Quality Control Board (RWQCB) has imposed the initial steps of the Trash Provisions through a Trash Order in accordance with Water Code Section 13383, and as further authorized b y Clean Water Act Section 308(a) and 40 Code of Federal Regulations Part 122.41(h). To comply with the Trash Order, the City of Chino has opted to implement a Full Capture System under Compliance Track 1. Compliance Track 1 mandates that each stormwater di scharger must implement Full Capture Systems from its Priority Land Use Areas by no later than December 2, 2030.

On September 21, 2021, the City entered into a Professional Services Agreement with CASC Engineering and Consulting, Inc. to assist in developing an implementation plan to meet the final compliance deadline. Through this effort, CASC and the City identifie d all catch basins within Priority Land Use Areas requiring Full Capture Systems to be installed by December 2, 2030. Project SD231 is the first phase of a multi -phase approach to meet the implementation schedule.

The SD231 project will undertake install ation of Full Capture Systems receiving runoff from approximately one quarter (or 25%) of the Priority Land Use Areas of the City. The project includes work within 274 catch basins that have the potential to capture runoff from land uses generating higher trash loads. Staff included this grouping of catch basins in the project due to their proximity to each other, allowing for economies of scale and more competitive bid pricing.

The project scope includes pressure washing and vacuuming existing catch basins , followed by retrofitting with trash-filtering connector pipe screens internal to the storm capture system. The connector pipe screen systems selected for this project are on the SWRCB’s certified treatment control device list. The City will continue to implement subsequent Full Capture System projects prior to the compliance deadline.

ISSUES/ANALYSIS
On July 13, 2026, the City issued an Invitation for Bids (IFB No. 2026 -0020) “SD231 – Catch Basin Trash Capture Retrofit” via PlanetBids, in accordance with the City’s procurement policies and Public Contract Code. On August 6, 2026, the City received three (3) bids. The results were as follows:

No. Contractor Bid Amount
1 United Storm Water, Inc. $263,452
2 G2 Construction $320,838
3 Downstream Services, Inc. $547,121

United Storm Water, Inc. was the lowest responsive and responsible bidder. Staff recommends the City Council award a construction contract for $263,452 to United Storm Water, Inc. for 479
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD CONSTRUCTION CONTRACT TO UNITED STORM WATER, INC. FOR CATCH BASIN TRASH CAPTURE RETROFIT (SD231).

PAGE: 3

SD231. Staff also recommend that the City Coun cil authorize up to $26,345 (10% of the contract amount) for construction contingencies as allowable per Public Contract Code. Staff reviewed the Contractor’s licensing, bonding, references, and list of subcontractors submitted for the project and found al l bid submittal documentation to be in order. The estimated project construction costs are itemized below:

Project Task Vendor Total
Construction United Storm Water, Inc. $263,452
10% Construction Contingency As allowable per the Public Contract Code $26,345 Inspection Overtime City Staff $5,000
Total Estimated Construction Costs: $294,797

Environmental
This project is exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the CEQA Guidelines - Existing Facilities, which includes the operation, repair, and maintenance of highways, streets, sidewalks, gutters, and other similar facilities. This project consists of minor alterations to existing storm drain facilities with no expansion of use. A Notice of Ex emption has been filed with the CEQA clearinghouse and San Bernardino County Clerk Recorder’s Office prior to the advertisement for bids

Accessibility
City staff evaluated if the project scope would impact accessibility in the public right of way. The project scope will retrofit subterranean storm drain systems with trash capturing devices without adjusting the exterior of the catch basin. Temporary traffic control will be in place to maintain public access routes around the work zone during construction a nd no accessibility improvements are required as part of this project.

Attachments: Exhibit A – SD231 Project Location Map
Exhibit B – Construction Contract - United Storm Water, Inc.

480
481
Contract No.:

Approved:

AGREEMENT
Catch Basin Trash Capture Retrofit
Project No. SD231
THIS AGREEMENT is made and entered into this 15TH day of September, 2026 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and United Storm Water, Inc. hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Catch Basin Trash Capture Retrofit in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II : Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Two Hundred Sixty-Three Thousand Four Hundred Fifty-Two and Zero Cents ($263,452.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work after receiving a Notice to Proceed from the City and the work shall be completed within Sixty (60) working days. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, pla ns, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of 482
litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

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

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

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

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

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

483
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Hye Jin Lee, P. E.

Director of Public Works

UNITED STORM WATER, INC.

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

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

484

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award a Professional Services Agreement with 10 -8 Retrofit, Inc. for Police Vehicle Equipment Installation, Fleet Changeovers & Maintenance Services. ..end

RECOMMENDATION
Award a Professional Services Agreement in the amount of $3,296,750 to 10-8 Retrofit, Inc., Ontario, CA for a five -year term with the option to renew for two (2) years for Police Vehicle Equipment Installation , Fleet Changeovers & Maintenance Services ; and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds, in the amount of $659,350, are included in the FY2026-27 Adopted Budget in the Equipment Management Program. Sufficient funds will be budgeted in future proposed Fiscal Year Operating Budgets.

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
 Financial Stability
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 6607400-43580, 6607400-48070
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 485
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT WITH 10 -8 RETROFIT, INC.

FOR POLICE VEHICLE EQUIPMENT INSTALLATION, FLEET CHANGEOVERS & MAINTENANCE SERVICES.

PAGE: 2

BACKGROUND
The Public Works Fleet Division is responsible for overseeing the purchase, maintenance, repair, and replacement of approximately 500 Citywide fleet vehicles and equipment, including the installation and maintenance of specialized after -market equipment required for Police Department and other City vehicles.

Each fiscal year, approximately 20 vehicles are scheduled for replacement as part of the City’s vehicle replacement program. In addition, vehicles approved in prior fiscal years may carry over into subsequent years due to manufacturing and delivery timelines, and new vehicles may be added to the fleet based on approved operational needs.

Prior to being placed into service, certain vehicles require specialized outfitting, including the installation or transfer of emergency lighting, radios, consoles, electrical components, and other vehicle-specific equipment. Histori cally, the City has utilized qualified contractors to perform specialized vehicle outfitting, fleet changeovers, and related maintenance services.

Contracting these specialized services allows Fleet Division staff to continue addressing routine maintenance and repair demands while providing the additional technical resources necessary to complete vehicle outfitting safely and efficiently. Although the majority of specialized outfitting is associated with Police Department vehicles, the services may also b e utilized for other City vehicles requiring radios, lighting, or other specialized equipment.

To ensure continued availability of these services, the City issued a competitive Request for Proposals for Police Vehicle Equipment Installation, Fleet Changeov ers & Maintenance Services.

ISSUES/ANALYSIS
On June 4, 2026, the City released a Request for Proposals (RFP No. 2026-0017) for "Police Vehicle Equipment Installation, Fleet Changeovers & Maintenance Services" via PlanetBids, in accordance with City procurement policies. The City received five (5) proposals by the closing date of July 2, 2026.

A review committee, consisting of City staff, evaluated proposals separately to maintain confidentiality and fairness. Staff then sco red these proposals using the following weighted criteria:
 Experience/Qualifications: 25%
 Past Performance/References: 25%
 Plan Methodology/Project Approach: 20%
 Quality and Responsiveness of Proposal: 15%
 Cost Evaluation: 15%

While cost is considered in the evaluation process, selection is not based solely on price.

Instead, the City emphasizes overall qualifications, demonstrated performance, technical capability, and responsiveness to ensure the selected contractor can provid e reliable, high - quality fleet services that meet the City's operational needs and maintenance standards.

Following evaluation, 10-8 Retrofit, Inc. received the highest average score and is recommended for contract award.

Evaluation Results:
486
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT WITH 10 -8 RETROFIT, INC.

FOR POLICE VEHICLE EQUIPMENT INSTALLATION, FLEET CHANGEOVERS & MAINTENANCE SERVICES.

PAGE: 3

RANKING CONTRACTOR
1 10-8 Retrofit, Inc.
2 Dana Safety Supply, Inc.
3 LEHR Upfitters OpCo, LLC
4 Vector Fleet Management, LLC
5 Code 3 Outfitters

The proposed agreement establishes an annual not-to-exceed amount of $659,350 based on anticipated annual fleet outfitting, maintenance, rollover vehicles, and new fleet addition needs.

The estimated annual contract allocation is summarized below:

Service Category Estimated Annual Amount
Outfitting of vehicles included in the Annual Vehicle
Replacement Schedule $234,350
Maintenance & repairs for specialized equipment installed on existing fleet vehicles $50,000
Outfitting of replacement vehicles approved in prior fiscal years but received in a subsequent fiscal year $225,000 Outfitting associated with approved new additions to the City fleet $150,000
Total Estimated Annual Amount $659,350

The annual amount accounts for scheduled vehicle replacements, vehicles carried over from prior fiscal years due to production and delivery timelines, newly approved fleet additions, and maintenance of specialized equipment installed on existing vehicles. Based on the annual not - to-exceed amount of $659,350, total compensation for the initial five -year term is not to exceed $3,296,750.

Staff recommends that the City Council award a Professional Services Agreement with 10-8 Retrofit, Inc. for Police Vehicle Equipment Installation, Fleet Changeovers & Maintenance Services for a five-year term from FY2026-27 through FY2030-31 in the amount of $3,296,750, with the option to renew the agreement for up to two additional years.

Attachment: Professional Services Agreement – 10-8 Retrofit, Inc.

487
Project Name/No.: Police Vehicle Equipment Contract No.: ____________ Installation, Fleet Changeovers
& Maintenance Services

Project Manager: PW / Isaac Moreno Approved: ____________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
10-8 RETROFIT, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 15th day of September, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and 10-8 Retrofit, 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 Inv itation 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 per formance 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 condi tions 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, a nd professional manner, and is experienced in performing the work and services contemplated 488
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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 phr ase “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 j urisdiction 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 appli cable 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 Labo r Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing 489
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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 Sectio n 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 T itle 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.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work und er 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 sub contractor 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 re cords 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, an d 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 an d 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 existin g, 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 t echnology, 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 unde r 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.
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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 com ponents 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 reasonab ly 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 di scretion 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 condition s of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compe nsation” attached hereto as Exhibit “C” and 492
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Million Two Hundred Ni nety-Six Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,296,750.00) (the “Contract Sum”), unless addit ional 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 servic es, 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 main tained, 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 facilita te 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 m onth in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 493
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(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 Payr oll 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 i ts 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 paymen t 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 Consul tant 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 f unding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

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 494
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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, unu sually 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 comm encement 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 dela y 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 ful l force and effect until completion of the services , which shall be no later than June 30, 2031, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
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. 495
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Therefore, the foregoin g principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Equipment Mechan ic Supervisor 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 selecti on, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City an d 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 496
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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 o r 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, w hether 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 s hall 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 pro perty damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers t he 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. 497
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(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 al l 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 w ith 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 provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently aut horized 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.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation 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 pr ior 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 p rovisions (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 t he 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 c overage 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 polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (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 s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 499
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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, coven ant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(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;
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(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 th e 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 simi lar indemnity agreements with its subcontra ctors 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 cl aims 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 rel ating 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 ho urs of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall pe riodically 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 501
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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 decrease d 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, d ata, 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, reus e, 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 r isk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed 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 an y such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork 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. 502
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(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 admiss ions 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 t he Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in 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 503
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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 ri ghts 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 wit h the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and sh all 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 504
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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 val ue 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 a ny action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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.
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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 w ould 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 sh all be employed by it as an officer, employee, agent or sub contractor 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 interest s 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 r elating 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 o r through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in co nnection 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 agains t City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

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 506
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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 de signated 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 th is 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 eve nt 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 unenforceabili ty shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

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 i n 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 507
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“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 no t 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 v alue 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) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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:
10-8 RETROFIT, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer sign atures required when C onsultant 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. 509

01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, atta ched 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.

510

01225.0001/863604.2 A-2
EXHIBIT “A-1”

SCOPE OF SERVICES
The Consultant shall provide city with police specific equipment installation, vehicle changeover of existing fleet vehicles and routine maintenance services as an extension of the City’s Public Works Department Fleet Division.

The Consultant must be able to meet the following minimum qualifications and proposal requirements:

1. The Consultant must have a f acility located within ten ( 10) driving miles of the Public Works Services Yard located at the following address: 5050 Schaefer Avenue, Chino, 91710.

2. The Consultant must have a facility with approved staffing and equipment to perform the required work.

3. All work is to conform with the following:
• California Code of Regulations Title 13
• California Vehicle Code
• Department of Transportation, National Highway Traffic Safety Administration, Title 49 Regulations and Standards
• Written estimate will be required and approved by the Public Works Services Manager, and/or Equipment Mechanic Supervisor, and/or approved designee before the start of any work.
• Work completion times to be identified and agreed upon by the Public Works Services Manager, and/or Equipment Mechanic Supervisor, and/or approved designee.
• Any work to be done that is not included in the said Scope of Services will require an Equipment Mechanic Supervisor and/or approved designee. • Substitutions of parts/equipment bra nds other than specified will not be accepted.
• All vehicles are to be outfitted the same way including wiring to ensure consistency among vehicles.

4. Consultant must have sufficient experience personnel and equipment to perform all work required by the Agreement.

5. Consultant must have a proven track record of having provided services for a minimum of five (5) years for other municipalities.

The Consultant’s services shall include, but not be limited to, the following:

Product Requirements
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01225.0001/863604.2 A-3

1. Ford Interceptor/Explorer Equipment Specifications (Refer to Attachment C – Cost File)

2. Ford Interceptor/Explorer K9 Equipment Specifications (Refer to Attachment C – Cost File)

3. Ford Interceptor/Explorer Undercover Equipment Specifications (Refer to Attachment C – Cost File)

4. Sedan Undercover Equipment Specifications (Refer to Attachment C – Cost File) Substitutions of parts/equipment brands other than specified will not be accepted.

Estimated Quantities
The Supplier shall supply parts and labor during the term of any Contract entered into. The City of Chino ’s quantities listed in the Cost file are estimates only. The City of Chino will not be obligated to purchase any specific quantities and reserves the right to purchase either more or less product at the firm-fixed price quoted.

Installation
All installations shall be guaranteed for a period of one (1) year against defects in material and/or workmanship from the date of installation as indicated on the invoice for said vehicle.

Delivery, Inspection & Pickup of Vehicles Instructions
The City of Chino shall deliver vehicles, inspect and pick up vehicles at the Supplier’s site. All vehicles shall be stored inside the Proposer’s site.

City Contact Phone Numbers
Equipment Mechanic Supervisor: (909) 334-3502
Public Works Services Manager: (909) 334-3421
Termination
The City may terminate this agr eement immediately for violation of any provision of this agreement. In addition, City may, with or without cause and at any time, terminate this agreement upon thirty (30) days written notice served upon Supplier. In the event of termination, the Supplier shall be paid for services performed to the effective date of termination; provided, however, that the City may condition payment of such compensation upon Supplier’s delivery to the City of any outstanding inventory and upon satisfactory completion of th e services or portion thereof which the Supplier has performed through the effective date of termination.

Emergency Telephone Number
The Supplier shall provide a telephone number(s) where a representative may be contacted 24 hours a day, seven days a week in the event of an emergency.

Safety Data Sheets
The Supplier shall provide two copies of a Safety Data Sheet (SDS) to the City of Chino Risk Management Division upon execution of any Contract entered into and when said document is revised or updated.

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01225.0001/863604.2 A-4
Safety Training
The successful proposer shall provi de training in the safe and proper handling procedures of their product. Training shall be provided at least two times per calendar year. The training shall be provided at the City of Chino facility and at no additional expense to the City of Chino.

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01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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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 subbudg et 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.
515
EXHIBIT "C-1"

SCHEDULE OF COMPENSATION
C-1 516
C-2 517
C-3 518
C-4 519
C-5 520
C-6 521
C-7 522
C-8 523
C-9 524
C-10 525
C-11 526
C-12 527
C-13 528
C-14 529

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work pr oducts timely in accordance with written task orders provided by the project manager.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award a Professional Services Agreement to HR Green Pacific, Inc. for Engineering Design Services for Benson Avenue Safe Routes to School Improvements (ST262). ..end

RECOMMENDATION
1) Appropriate $10,000 of available Measure I Fund (322) reserves and increase the project budget for Benson Avenue Safe Routes to School Improvements Project (ST262) by the same amount 2) Award a professional services agreement for $71,837 to HR Green Pacific, Inc., Corona, CA for Engineering Design Services; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $10,000 from th e available Measure I fund (322) reserves. The Fiscal Year 2026-27 project budget is summarized below:

Benson Avenue Safe Routes to School Improvements (ST262) Funding Source Adopted Budget Appropriation Available Budget 321 – TDA Article 3 Fund–G7264 $44,850 - $44,850
322 – Measure I Fund $20,150 $10,000 $30,150
*Total Project Budget: $75,000
*Total project budget reflects design costs only; staff will request construction funding upon completion of design.

Following design completion, the City will seek reimbursement of up to $44,850 from SBCTA for the TDA Article 3 grant funds.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Financial Stability

Revenue: Click or tap here to enter text.

Expenditure: 3227190-48004-ST262
3217180-48004-G7264

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CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO HR GREEN PACIFIC, INC.

FOR ENGINEERING DESIGN SERVICES FOR BENSON AVENUE SAFE ROUTES TO SCHOOL IMPROVEMENTS (ST262).

PAGE: 2

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 532
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO HR GREEN PACIFIC, INC.

FOR ENGINEERING DESIGN SERVICES FOR BENSON AVENUE SAFE ROUTES TO SCHOOL IMPROVEMENTS (ST262).

PAGE: 3

BACKGROUND
The San Bernardino County Transportation Authority (SBCTA) administers Transportation Development Act (TDA) Article 3 Program funds, which support eligible pedestrian and bicycle improvement projects throughout the County. Cities must submit project -specific applications to qualify for funding. In August 2025, City staff submitted a TDA Article 3 grant application to SBCTA to fund the design of Benson Avenue Safe Routes to School Improvements (ST262).

On November 5, 2025, SBCTA Board of Directors approved funding in the amount of $44,850 from the TDA Article 3 Bicycle and Pedestrian Facilities Program for the Project which required a local match of $20,150.

On February 3, 2026, City Council accepted th e grant in the amount of $44,850 to help offset design costs associated with this project and allocate the local match contribution of $20,150.

Additionally, Resolution No. 2026 -011 was established and adopted in adherence to grant guidelines for cost reimbursements.

Consistent with grant guidelines, the project aims to enhance pedestrian access by adding ADA compliant curb ramps along Benson Avenue from Chino Avenue to Riverside Drive. These improvements align with the City’s 2016 Chino Bicycle and Pedest rian Master Plan as this residential neighborhood is in proximity to Chino High School and Allegiance STEAM Academy.

City staff received letters of support from residents for establishment of this project, which were included as part of the accepted grant application.

The project represents a critical investment in pedestrian safety and improved ADA accessibility, strengthening connectivity and safety for residents and students traveling through this area. These improvements support the goals of the City’s Bicycle and Pedestrian Master Plan by enhancing safe and accessible routes in areas with significant student and pedestrian activity.

ISSUES/ANALYSIS
On June 18, 2026, the City issued a formal Request for Proposals (RFP No. 2026 -0018) for “Design Serv ices for Benson Avenue Safe Routes to School Improvements – Project No.

ST262”. The City received nineteen (19) proposals by the closing date of July 16, 2026. The proposals were evaluated and ranked based on the following criteria:
 Experience/Qualifications
 Past Performance/References
 Plan Methodology/Project Approach
 Quality and Responsiveness of Proposal
 Cost Evaluation

Following evaluation, HR Green Pacific, Inc. received the highest score and is recommended for the contract award.

Top 5 Evaluation Results:

RANK CONSULTANT LOCATION

1. HR Green Pacific, Inc. Corona, CA
533
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO HR GREEN PACIFIC, INC.

FOR ENGINEERING DESIGN SERVICES FOR BENSON AVENUE SAFE ROUTES TO SCHOOL IMPROVEMENTS (ST262).

PAGE: 4

2. NV5, Inc. Irvine, CA

3. Michael Baker International, Inc. Ontario, CA

4. Kimley-Horn and Associates, Inc. Long Beach, CA

5. Onward Engineering Anaheim, CA
Staff recommend that the City Council award a Professional Services Agreement to HR Green Pacific, Inc., for $71,837 for Engineering Design Services for Benson Avenue Safe Routes to School Improvements - Project No. ST262.

The scope of services under this Professional Services Ag reement includes design of ADA compliant curb ramps connecting to existing sidewalk at four (intersections): Benson Avenue at B Street, Benson Avenue at C Street, Benson Avenue at D Street, and Benson Avenue at Chino Avenue.

Accessibility
The project scop e for ST262 impacts the public’s access -to and alters the public’s usability of the pedestrian facilities at four (4) intersections as its primary intent is to improve these facilities.

A separate capital improvement project (SN221), currently in design , will reconstruct the two alleys that intersect Benson Avenue between B Street and D Street and upgrade their alley approaches to ADA compliance. The alley project is anticipated to begin construction, prior to or concurrently with, ST262 to ensure the entire route of access is captured for improvements.

Attachments: Exhibit A – ST262 Project Location Map
Exhibit B – Professional Services Agreement – ST262 - HR Green Pacific, Inc.

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535
Project Name/No.: ST262 – Design Services Contract No.: ______________ Benson Avenue Safe Routes to
School Improvements

Project Manager: Public Works / B. Aleman Approved: ______________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
HR GREEN PACIFIC, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 15th day of September 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and HR Green Pacific, 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 Inv itation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and condi tions 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, a nd professional manner, and is experienced in performing the work and services contemplated 536
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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 phr ase “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.

1.3 Compliance with Law.

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 appli cable 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 Labo r Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing 537
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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 Sectio n 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 T itle 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.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work und er 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 sub contractor 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 re cords 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.

1.6 Familiarity with Work.

1.7 Software and Computer Services.

1.8 Care of Work.
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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 com ponents 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.

1.10 Additional Services.

1.11 Special Requirements.

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 Compe nsation” attached hereto as Exhibit “C” and 540
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy-One Thousand Eight H undred Thirty -Seven Dollars and Zero Cents ($71,837.00) (the “Contract Sum”), unless addit ional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 541
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(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 Payr oll has been submitted to the DIR.

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.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

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 542
01225.0001/863604.2 8
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.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until completion of the services , which shall be no later than June 30, 2028, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(Name) (Title)

(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. 543
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Therefore, the foregoin g principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

4.2 Status of Consultant.

4.3 Project Manager.

The Project Manager shall be the Associate 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 M anager 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 selecti on, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City an d 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 544
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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.

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 s hall 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 pro perty damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers t he 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. 545
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(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 al l 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 w ith 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 provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently aut horized 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.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation 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 pr ior 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 p rovisions (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 t he 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 c overage 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 polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (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 s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 547
01225.0001/863604.2 13
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, coven ant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(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;
548
01225.0001/863604.2 14
(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 th e 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.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Consultant shall pe riodically 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 549
01225.0001/863604.2 15
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 decrease d 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.

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 an y such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork 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. 550
01225.0001/863604.2 16
(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 admiss ions 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.

7.2 Disputes; Default.

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 551
01225.0001/863604.2 17
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.

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 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 552
01225.0001/863604.2 18
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 val ue 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.

7.10 Attorneys’ Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

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 554
01225.0001/863604.2 20
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 de signated 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.

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.

9.5 Severability.

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 i n 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 555
01225.0001/863604.2 21
“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 no t 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’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) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
556
01225.0001/863604.2 22
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:

HR GREEN PACIFIC, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, atta ched 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.

558
HR Green will provide professional civil engineering design services for the Benson Avenue Safe Routes to School Improvements project located along Benson Avenue from B Street to Chino Avenue in accordance with the City’s requested scope of work. Engineering design services will include review of available background information, utility research and base mapping, topographic and design survey, Right-of-Way verification, preparation of plans and specifications, engineer’s quantity takeoffs and cost estimates, bidding assistance, meetings, and related project coordination necessary to prepare a complete PS&E bid package for ADA improvements within the project limits. All work will be completed in accordance with applicable City standards, the City’s Accessibility Policy, and the contract document requirements identified in the RFP .

UNDERSTANDING OF THE CITY’S NEEDS
The City of Chino has secured TDA Article 3 funding and the local match to improve pedestrian access along Benson Avenue from B Street to Chino Avenue. The project will enhance accessibility and safety at four intersections and supports the City’s 2016 Bicycle and Pedestrian Master Plan, as well as broader Safe Routes to School objectives.

The primary scope includes the design of 14 curb ramps across the four intersections, along with associated signing and striping improvements. A successful project will require strong technical expertise in ADA-compliant curb ramp design, familiarity with City of Chino standards, and practical experience identifying constructability issues before final bid document submittal. Our prior design work with the City has provided valuable lessons learned that will help streamline review, reduce field conflicts, and support a successful construction phase.

TECHNICAL APPROACH AND METHODS
HR Green understands that Benson Avenue is designated as a secondary arterial in the City’s General Plan Circulation Element and is also identified as a Class III bike route. The corridor supports Safe Routes to School connectivity, serving two nearby schools within a predominantly residential area. The roadway currently provides one travel lane in each direction with on-street parking on both sides and a posted speed limit of 35 or 40 mph. Because the corridor is relatively straight with wide lanes, 85th percentile vehicle speed may exceed the comfortable operating environment for pedestrians and bicyclists.

The proposed intersection improvements will enhance pedestrian accessibility and will also support future traffic calming and speed management strategies to improve safety for students, pedestrians, bicyclists, and other roadway users.

The project limits include four intersections: two minor-street stop-controlled intersections and two all-way stop-controlled intersections. Curb ramp designs will comply with the California Highway Design Manual, applicable ADA requirements, including PROWAG, and City of Chino standards. Signing and striping improvements will be developed in accordance with the latest 2026 California Manual on Uniform Traffic Control Devices (CA MUTCD). High-visibility continental-style crosswalks are anticipated for all proposed pedestrian crossings.

For curb ramp design, a critical early task will be confirming right-of-way limits and ensuring that proposed improvements remain within public property. Where available space is constrained, alternative design concepts—such as curb extensions, bulb-outs, or modified ramp configurations—may need to be evaluated and presented to the City for consideration.

Although Benson Avenue is not designated as a truck route, curb return radii should be evaluated to ensure adequate accommodation for emergency vehicles, particularly at the Benson Avenue and Chino Avenue intersection as Chino Ave is designated as a truck route in the City.

Potential utility conflicts should be identified early in the design process. Based on our initial field review, existing fire hydrants and other utility facilities may require coordination, adjustment, or avoidance during curb ramp layout and construction planning. A-2
EXHIBIT “A-1”

SCOPE OF SERVICES

559
Drainage will be an important consideration for all intersection and driveway improvement designs. Because Benson Avenue has relatively flat grades, drainage condition needs to be confirmed so that proposed improvements will not create ponding or standing water at curb ramps, crosswalks, intersections, or adjacent driveways.

BENCHMARKS FOR PERFORMANCE
Performance will be measured by the team’s ability to deliver a complete, constructible, and standards-compliant design package that meets the City’s schedule, minimizes right-of-way and utility conflicts, and supports safe pedestrian access along the corridor. Key benchmarks include timely completion of field verification, early identification of design constraints, clear coordination with City staff, and preparation of bid-ready plans, specifications, and estimates.

INNOVATION SUGGESTIONS
HR Green understands that the challenging intersection at Benson Avenue and Chino Avenue calls for innovative thinking to create a solution that addresses all the potential issues. The skewed intersection carries high turning volumes that may create conflicts with pedestrian and bicycle crossings. The southwest corner currently lacks sidewalk and curb ramp facilities; therefore, a crosswalk should not be directed to that corner during this design phase. We recommend evaluating a median refuge concept to shorten pedestrian crossing distance, improve visibility, and provide a protected waiting area for pedestrians crossing the wider intersection. The exhibit below illustrates HR Green’s proposed design concept for the intersection of Benson Avenue and Chino Avenue for further discussion with the City.

HR Green Initial Design Concept
Existing Intersection
A-3
560
Work Plan
Task 1 - Project Management
HR Green will provide overall project management and internal coordination necessary to successfully deliver the City’s requested scope of services. This effort will include management of scope, schedule, budget, subconsultant coordination, internal team communication, milestone planning, ongoing coordination and progress reports with City staff throughout the duration of the assignment. Our Project Manager, Chase Keys, PE, has previously managed several design projects for the City of Chino, will serve as the primary point of contact for the City, and be responsible for tracking progress, managing action items, coordinating discipline leads, and maintaining alignment between the technical work, schedule, and City expectations. This task is intended to support timely delivery, responsive communication, and consistent service quality throughout design.

Task 1a. Working Schedule
We will develop a project delivery schedule to support the City's objective of completing design in time to advertise the project for construction during Summer 2027 in order to minimize impacts to the nearby schools. This management effort will be structured to support clear accountability and efficient project delivery. The schedule will be presented at the kick-off meeting and will identify key milestones, critical deliverables and identify City review time. We will proactively identify any issues that may affect scope, schedule, cost, or design development and present solutions to these potential challenges.

Task 1b. Meetings
The Project Manager will lead the formal meetings anticipated during the design phase of the project. The RFP identifies six coordination meetings, of which two will be held in the field and four may be held virtually. These meetings will be used to review design progress, confirm direction, discuss comments, and maintain coordination among the City, the consultant team, and supporting disciplines.

Anticipated meetings will include the Project Kick-off, a Community meeting to discuss concepts, a 30% Design Review Meeting, a 60% Design Review Meeting, a 90% Design Review Meeting, and Final Design Review Meeting. We will prepare an agenda for each meeting, present key design issues and recommendations, document action items, and incorporate City direction into subsequent work. Those progress meetings will be conducted through MS Teams unless another means is requested by the City. Additional coordination with City staff via telephone, email, or virtual meetings will be conducted as needed to maintain project momentum and promptly resolve technical issues.

Task 1c. Progress Reporting
The Project Manager will provide ongoing project supervision and monitor the design for conformance with the City’s standards, policies and procedures. We will maintain regular communication with the City's Project Manager to discuss project status, identify potential concerns, and obtain timely direction necessary to maintain project progress. These activities will be summarized in a monthly progress report and provided to the City along with monthly invoices.

Task 1d. Schematic Exhibits
HR Green will prepare exhibits showing specific impacts to individual properties on an as needed basis. The exhibits will illustrate proposed improvements, anticipated right-of-way impacts, access modifications, utility conflicts, grading concepts, temporary construction impacts, and property-specific improvements, as appropriate. Individual property exhibits will be prepared when necessary to support discussions with affected property owners or stakeholders.

Benson Avenue at C Street
A-4
561
Task 1e. Quality Control/Assurance Measures
HR Green will implement a formal quality assurance and quality control process for each design milestone to help verify that all submittals are complete, coordinated, and ready for City review. This process will include internal interdisciplinary review of plans, details, specifications, quantities, and estimates to verify technical accuracy, consistency between documents, constructability, and alignment with the City’s standards and project requirements. Quality review will be completed prior to each submittal so that comments can be addressed internally before the package is delivered to the City.

Our QA/QC process will also include review of coordination between curb design, utility information, adherence to the City’s Accessibility Policy and bid item development.

Particular attention will be given to consistency between plan sheets, notes, special provisions, technical specifications, and engineer’s estimates so that the final package is clear, biddable, and defensible. This effort is intended to reduce omissions, minimize conflicting information between contract documents, and improve the overall quality and readiness of each submittal.

Deliverables: Meeting agendas, minutes and handouts. Detailed Working Schedule and updates. Monthly status updates, invoices and certified payroll. Schematic exhibits as needed.

Task 2. As-Built Research, Investigation, and Review
We will review existing City standards, the City’s Policy on Accessible Pedestrian Facilities, available as-builts and record drawings, relevant operations and maintenance documents, and GIS information to ensure all available background information and applicable requirements are incorporated into the design. The City will provide available as-built records for City-owned facilities, including the roadway itself, water, sewer, and storm drain infrastructure, and our team will use this information to establish the initial design base and identify locations requiring further field confirmation or coordination.

During this task, we will meet with City staff to review available records, confirm known field conditions, discuss prior maintenance or operational concerns, and incorporate City suggestions, recommendations, directions, and other project- specific requirements into the design process. This early coordination will be used to confirm design assumptions, identify key issues that may influence curb ramp improvements, and establish the framework for utility verification and subsequent design development.

Additionally, we will perform a preliminary review of existing right-of-way to identify locations where limited space is available for construction of ADA compliant curb ramps. HR Green will provide title reports for up to eleven (11) affected properties to verify limits of right-of-way, easements, access rights, and other recorded property interests that may influence project design. Findings will be incorporated into the design development process to minimize future conflicts and support development of feasible ADA compliant ramps.

Deliverables: 11 Title Reports for properties with limited space for curb ramp improvements. Complete AutoCAD base mapping of City owned utilities.

Task 3. Utility Research and Notification
At the 30%, 60%, and 90% design stages, we will prepare utility notification materials for City distribution and maintain a record of utility notifications including contact information, dates of transmittal and responses from utility owners. We will research available utility records and identify all known utilities within the intersection limits identified in the City’s Attachment D - Project Location Map. Information obtained through record research will be summarized in the project utility base map and used to review potential utility conflicts.

Concurrent with the 30% design phase, we will perform a preliminary utility investigation that provides the critical information needed to advance design while maximizing value for the City’s budget. This effort includes developing a composite utility map using available utility record drawings, information provided by utility owners, and utility field marking documentation.

Benson Avenue at B Street
A-5
562
We will compare the field marked utilities with the record utility map to identify major discrepancies and potential utility conflicts that could affect our design. By focusing on significant issues at this stage, rather than conducting a comprehensive utility investigation prematurely, the City receives the information necessary to make informed design decisions while avoiding unnecessary costs and reserving more detailed investigations for when they provide the greatest benefit to the project.

We will submit a DigAlert request for field marking of underground utilities within the project limits and document the field markings while they remain visible. As described in the RFP, this documentation shall include aerial imagery of the project limits to capture and preserve utility markings for design use. We will use this information to prepare a field utility marking map and compare it with the record-based utility map.

Following completion of the record and field utility mapping, we will overlay the datasets to identify discrepancies between record information and field markings. We will evaluate those discrepancies and identify locations where further investigation may be warranted.

Deliverables: Utility Notification Letters for the 30%, 60%, and 90% stages. Utility Matrix indicating utility company correspondence and responses. Updated AutoCAD base mapping.

Task 4. Field Survey
Our survey subconsultant, Kelsoe & Associates, will perform the ground survey necessary to determine and establish right of way and document the existing intersection features relevant to design. Survey will locate surface features within the survey area, including but not limited to fire hydrants, valve covers, water meters, sewer and storm drain manholes, utility vaults and facilities, pull boxes, curb and gutter, driveways, sidewalks, power poles, guy wires, signs, parkway areas, streetlights, and street trees larger than 4 inches in diameter.

We will conduct a field walk to identify potential design and construction conflicts and verify field topographic conditions.

Survey will be tied to the City’s required datums, with vertical control based on the most recent City of Chino benchmark elevations in NGVD29 and horizontal control based on NAD83. Survey work will also establish disturbance of any monuments or centerline ties and provide tie sheets for reference attachment to the specifications. All field topography will be collected electronically for processing and incorporation into the design basemap.

Deliverable: Topographic Base Map.

Task 5. Plans and Specifications
We will prepare a bid set for the Benson Avenue Safe Routes to School Improvements Project, including title sheet, general notes, detail sheets (10 or 5 scale), and plan (20-scale) at the 30%, 60%, 90%, and final design phases. Design development will address ADA curb ramp improvements and high visibility crosswalks at the intersections of Benson Avenue at C Street, and Benson Avenue at Chino Avenue, per the City’s Addendum #1. This will include detailed design information for accessible facilities as outlined in the City’s Accessibility Policy.

Our team will evaluate affected pedestrian facilities within the project limits and coordinate accessible design solutions with the City’s Policy on Accessible Pedestrian Facilities and applicable accessibility requirements. This task will support consistent incorporation of accessible routes, curb ramps, transitions, localized sidewalk improvements, and related pedestrian features into the plans and details.

Accessibility coordination will include review of how proposed improvements tie into adjacent existing facilities, identification of potential technical infeasibility issues where applicable, and documentation of design decisions necessary to support compliance to the maximum extent feasible. This effort will help strengthen the overall design package and reduce the likelihood of accessibility-related revisions late in design or during bidding.

Intersection of Benson Avenue at Chino Avenue
A-6
563
Technical specifications will be prepared as part of the construction bid package and will include the technical special provisions section and any specialty work items necessary for the project. The specifications will conform to project requirements and will be based on the Standard Specifications for Public Works Construction, 2024 Edition, including supplements, together with the City of Chino Standard Plans and Specifications and Construction Bid Item Descriptions.

Specifications will include appendices such as the utility coordination documents relevant to contractor performance, and other project constraints affecting construction. Construction contract documents will be prepared in the City’s format and submitted at the 90% and final stages.

Deliverables: 30% Design Plans, 60% Design Plans, 90% Design Plans and Specifications, and Final Design Plans and Specifications.

Task 6. Engineer’s Quantity and Cost Estimate
We will prepare engineer’s quantity takeoffs, cost estimates, and bidding schedules on City forms for the project. Quantities and bid items will be coordinated with the plans and City specifications and will be based on the latest Greenbook requirements and associated City bid item descriptions.

Deliverable: Engineer’s Estimates included with the 30%, 60%, 90%, and final design submittals.

Task 7. Plan Interpretation and Bidding Assistance
During the bidding phase, we will provide construction plan interpretation and consultation to support the City’s advertisement of the project. This will include review of bidder questions, clarification of drawings and specifications, and support to the City in preparing bid addenda when clarification is necessary.

We will provide responses to requests for information during bidding within two working days of receipt of the RFI, consistent with the requirement stated in the RFP. If any RFI results in a design change during the bidding process, we will incorporate the change into the plans and provide a conformed set.

Deliverables: Responses to bidder questions/RFIs, Bid addenda, conformed set of plans if design changes apply.

Benson Avenue at D Street
A-7
564

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

565

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”.

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.
566
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION

C-2
567

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall per form all services and deliver all work pr oducts 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.

568

= Meeting with City = Community Meeting
Milestone OCT 26 NOV 26 DEC 26 JAN 27 FEB 27 MAR 27 APR 27 Notice to proceeed / Kickoff
Data Collection/Records Review Title
Reports
Survey/Field Work
Base Map/Existing Conditions Review
Field Community Meeting
30% Plans
City Review Period
30% Review Meeting with City
60% Plans and Estimate
City Review Period
60% Review Meeting with City
90% PS&E
City Review Period
90% Review Meeting with City
Final PS&E Package
Final Review Meeting with City
EXHIBIT “D-1”

SCHEDULE OF PERFORMANCE
D-2
569

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: SWATI MESHRAM, PHD AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Introduction of Ordinance No. 2026-012 – East Chino Specific Plan Amendment (PL25-0119). ..end

RECOMMENDATION
..recommendation
1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 2026-012, to be read by number and title only, amending the East Chino Specific Plan (ECSP) to allow homes to front onto Loop Roads, allow on-street parking on Amsterdam Avenue and Aguerre Avenue , and reduce the minimum front yard setback to 15 feet for homes with swing -in garages within the RD 4.5 (4.5 dwelling units/acre) land use designation of the ECSP. ..body

FISCAL IMPACT
There is no direct fiscal impact for the proposed amendment to the East Chino Specific Plan.

However, if the amendment is approved, the City will receive one-time revenues associated with development activity, including permit and development -related fees. Upon completion of the project, ongoing property tax revenues and local sales tax revenues generated by future residents are also anticipated.

Revenue:

Expenditure:

Transfer In: Transfer Out:
570
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: INTRODUCTION OF ORDINANCE NO. 2026 -012 - EAST CHINO SPECIFIC PLAN AMENDMENT (PL25-0119).

PAGE: 2

BACKGROUND
On June 17, 2026 , the Planning Commission he ld a public hearing to consider PL25-0119 (Specific Plan Amendment), PL25 -0120 (Site Approval), and PL25 -0121 (Tentative Tract Map No. 20845) for a proposed Project located at 13918 Cypress Avenue. The ECSP was adopted in 1987 to guide the development of the East Chino area as it transitioned from an agricultural/dairy land use to residential and commercial land uses. Throughout the years, the ECSP has been amended to facilitate development within the plan area. While the ECSP is generally built out, there are still some parcels remaining that have not been developed.

The request for approval of a Site Approval (SA) and Tentative Tract Map (TTM) allows the Applicant to subdivide 12.42 acres of land for the development of 55 single -family homes at a density of 4.44 dwelling units per acre within the RD 4.5 Residential (4.5 dwelling units/acre) land use designation of the East Chino Specific Plan (collectively, the “Project”). The Project, as proposed, required an amendment to the ECSP to allow homes to front onto a loop street (Amsterdam Avenue), to allow parking on the loop street (Amsterdam Avenue and Aguerre Street), and to allow a reduced front yard setback for swi ng-in garages. As part of the Project, the applicant has agreed to construct full street improvements along the west side of Cypress Avenue, which include a 5 -foot-wide sidewalk, curb and gutter, parkway landscaping, and streetlights that connect to Ediso n Avenue. Additionally, the applicant will construct sidewalk improvements on the east side of Amsterdam Avenue to connect the sidewalk from Pepperdine Street to the sidewalk being constructed for the Project.

During the public comment period, several residents from the community west of the Project site expressed concerns about traffic, parking, and vehicular access along Amsterdam Avenue. The residents expressed concerns that residents and guests of the 10 homes proposed to front onto Amsterdam Avenue could park on Dalton Street. Residents also expressed concern that personal vehicles and delivery trucks parked along Amsterdam Avenue could obstruct the roadway and impede vehicular access . In response to the se concerns, the Planning Commission asked the Applicant whether the 10 homes proposed to front onto Amsterdam Avenue could instead be reoriented to front onto Cypress Avenue. The Applicant indicated that the reconfiguration would not be feasible. The Planning Commission vot ed 5-1 to c ontinue the item and directed the Applicant to work with staff to further evaluate the alternative configuration and provide an analysis identifying the feasibility constraints associated with replotting the 10 homes to front onto Cypress Avenue.

Following the Planning Commission meeting, the Applicant evaluated the feasibility of replotting the 10 homes to front onto Cypress Avenue. An alternative technical site plan and conceptual utility plan were submitted for staff review. Concurrently, members of the adjacent community developed an alternative site plan to address their parking and access concerns in the event the homes could not be plotted to front onto Cypress Avenue. The community proposed alternative included widening Amsterdam Avenue to accommodate on-street parking adjacent to the 10 homes while reducing lot depths for those 10 lots. Amsterdam Avenue and Aguerre Avenue are both classified as Loop Roads in the ECSP and form a continuous roadway with Amsterdam Avenue ex tending north -south before turning east and continuing as Aguerre Avenue. The proposed widening would extend along both Amsterdam Avenue and Aguerre Avenue.

On July 15, 2026, the Planning Commission held a public hearing to consider the continued item. The Applicant presented its analysis of the feasibility of replotting the 10 homes to front onto Cypress Avenue. The analysis determined that the alternative configuration would require significant infrastructure improvements along Cypress Avenue because sewer and storm drain 571
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: INTRODUCTION OF ORDINANCE NO. 2026 -012 - EAST CHINO SPECIFIC PLAN AMENDMENT (PL25-0119).

PAGE: 3

infrastructure do not currently exist along this portion of the roadway . An additional drainage basin would also be required to accommodate storm water flows and the reconfiguration would result in the loss of one residential lot. Based on these physical constraints, the Applicant demonstrated that reorienting the homes to front onto Cypress Avenue was infeasible. As an alternative to address the parking and vehicular access concerns raised by the adjacent community, the Applicant agreed to move forward with the community proposed design to widen the Loop Road and provide on-street parking. However, in order to achieve this roadway widening, a reduction in front yard setback for the units facing Amsterdam Avenue and Aguerre Avenue would be necessary. The Planning Commission voted 7-0 to approve the Site Approval and Tentative Tract Map No. 20845, with the modification to widen Amsterdam Avenue and Aguerre Avenue to accommodate on -street parking, and to recommend that the City Council approve the ECSP Amendment. The Planning Commission staff report is included as Exhibit “A”.

ISSUES/ANALYSIS
East Chino Specific Plan Amendment
The ECSP currently prohibits on-street parking and homes from fronting onto streets classified as Loop Roads and requires a minimum front yard setback of 25 (+/ - 5 feet) feet. To facilitate the proposed Project and accommodate the roadway modification approved by the Planning Commission, the Applicant is requesting amendments to the ECSP to allow single-family homes on Lots 26 through 35 to front onto Amsterdam Avenue, allow on-street parking along Amsterdam Avenue and Aguerre Avenue, and permit a reduced minimum front yard setback of 15 feet for homes with a swing-in garages.

The first of the amendments is to allow homes to face onto the loop street, which for this Project would allow for Lots 26 through 35 to face onto Amsterdam Avenue and Aguerre Avenue . In total, 324 parking spaces are proposed, exceeding the requirement of 220 parking spaces. To address the parking and vehicular access concerns raised during the Planning Commission meetings, the applicant is dedicating additional roadway along Amsterdam Avenue and Aguerre Avenue to widen the Loop Road along the Project’s frontage . The additional w idth will accommodate both a bicycle lane and eight on-street parking spaces along Amsterdam Avenue and 15 on -street parking spaces along Aguerre Avenue, for a total of 23 on -street parking spaces. Since the ECSP currently prohibits on -street parking along Loop Roads, the proposed amendment is necessary to implement the roadway and parking configuration approved by the Planning Commission. The reduced front yard setback for homes with swing-in garages allows the Applicant to provide three-car garages, ther eby increasing on -site parking. The swing -in garage configuration also reduce s the visual prominence of garage doors from the street and, together with varied front yard setbacks, provides greater architectural variety within the Project.

The revised Proje ct plans are included as Exhibit “ B” and depict the roadway and on -street parking configuration consistent with the proposed amendment.

The proposed amendments would not change the land use designation or maximum allowable density of the subject property. Rather the amendments would facilitate the development of the 55 single -family homes and accommodate the site and roadway design approved by the Planning Commission. The proposed amendments would be compatible with the surrounding single-family residential neighborhood and would remain consistent with the RD 4.5 land use designation of and applicable development standards. Additionally, this is one of the last parcels of land designated RD4.5 in the ECSP so the proposed amendments would not impact other parcels within the specific plan.
572
CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2026
TITLE: INTRODUCTION OF ORDINANCE NO. 2026 -012 - EAST CHINO SPECIFIC PLAN AMENDMENT (PL25-0119).

PAGE: 4

PUBLIC NOTICE
A 10-day notice was mailed to all property owners within a 300 -foot radius of the project site. In addition, a notice was published in the Chino Champion on September 5 , 2026. The notice meets legal noticing requirements. Prior to the posting of the agenda, the City receive d comments from residents in opposition to the project (attached as Exhibit C).

ENVIRONMENTAL REVIEW
The proposed project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the envir onmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. This exemption applies when a project is consistent with the land use designation, development density, and applicable policies established by the City’s General Plan, the East Chino Specific Plan, and underlying zoning, all of which were evaluated in the certified EIR. The proposed amendment to the ECSP modifies residential development standards applicable to the project to reflect the current housing development trends and provides consistency with the Chino Zoning Code requirements. The proposed changes do not change the land use designat ion or maximum allowable density for the subject property thus the 1 5183 exemption is the appropriate environmental document .

Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

In accordance with SB18, Tribal Consultation was conducted on December 17, 2025. Staff received one response from t he Gabrieleno Band of Mission Indians Kizh Nation on January 9, 2026, stating they have no objection at this time.

Attachments:

Exhibit A – Planning Commission Staff Report
Exhibit B – Revised Project Plans
Exhibit C – Letters of Opposition
Exhibit D - City Council Ordinance No. 2026-012

573

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: JULY 15, 2026

DATE: July 15, 2026
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER

..titl e
..end

SUBJECT

PL26-0119 (Specific Plan Amendment), PL25-0120 (Site Approval), and PL25-0121 (Tentative Tract Map No. 20845)

RECOMMENDATION

1) Adopt Planning Commission Resolution No. PC2026 -012, recommending the City Council approve PL26-0019 (East Chino Specific Plan Amendment), based on the findings listed in Planning Commission Resolution No. PC2026 -012; 2) Adopt Planning Commission Resolution No. 2026 -013, approving PL25 -0120 (Site Approval) and PL25 -0121 (Tentative Tract Map No. 20845), based upon the findings and subject to the departmental conditions of approval.

BACKGROUND

On June 17, 2026 the Planning Commission heard PL26 -0119 (Specific Plan Amendment) , PL25-0120 (Site Approval), and PL25 -0121 (Tentative Tract Map No. 20845), a request to subdivide 12.42 acres of land for the development of 55 single -family homes. The request also included an amendment to the E ast Chino Specific Plan to allow homes to front onto Amsterdam Avenue and reduce the front yard setback to allow swing -in garages. At the Planning Commission hearing, staff presented the item with a recommendation for approval.

During the public comment period, the Planning Commission heard testimony from various residents who live in the community west of the project. The residents expressed concerns about traffic, parkin g, and vehicular accessibility on Amsterdam Avenue . For parking, there were concerns that residents and guests of the 10 homes facing Amsterdam Avenue will park on the adjacent street, Dalton Street. Residents also stated that the parking of personal vehicles and temporary package delivery trucks would create a blockage which inhibit s vehicles from driving through Amsterdam Avenue. After the public testimony, the Planning Commission asked the applicant if they were able to flip the site plan and have homes front onto Cypress Avenue instead of Amsterdam Avenue, as presented by the communit y. The change could not be agreed upon at the time of hearing which resulted in t he Planning Commission vot ing 5-1 to continue the item to allow further analysis of the plotting substitution and its feasibility. The applicant has created and reviewed an a lternative vesting map (Exhibit A) and utility plan (Exhibit B) in which homes front onto Cypress Avenue and not Amsterdam Avenue. In drafting a new vesting map with 10 homes facing Cypress Avenue, the applicant found construction issues relating to grading, drainage and utilities as well as an increase in cost for the 1574
PLANNING COMMISSION MEETING DATE: JULY 15, 2026
TITLE: PL26-0019 (EAST CHINO SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP NO. 20845 PAGE: 2

construction of the project. For these reasons outlined in this report, the applicant is requesting approval of their original proposal.

ISSUES/ANALYSIS

The applicant has analyzed the request to flip the site plan, as requested by the Planning Commission and determined this to be infeasible for several reasons , included in the letter from PLC Communities attached as Exhibit “C”. The reasons are discussed in detail below.

 Infrastructure Improvements: Sewer and drain utilities currently exist on Amsterdam Avenue and not on the portion of Cypress Avenue where the 10 homes would be fronting. To flip the site plan, it would require over 700 feet of new underground sewer and storm drain lines to be installed to service the 10 homes on Cypress Avenue. A similar extension would be required for dry utilities as well. Additionally, Cypress Avenue does not appear to have enough of a grade change to facilitate a new storm drain line to flow to the water quality treatment basins and underground detention basin located on Amsterdam Avenue. The flip would require a n additional treatment and detention basin on Cypress Avenue, and an outlet to the open Cypress Creek Channel just east of the project site. This would require the applicants to obtain additional permits from the San Bernardino County Flood Control District. The added costs of infrastructure and engineering would add over $1 million to the cost of the project.

 Loss of Lots: Flipping the site plan to allow homes to front onto Cypress Avenue will result in a loss of one resulting in 54 lots instead of 55 . As the project is currently designed, along the northern boundary there are currently six homes proposed with four of the six homes single -story. The alternative design with homes fronting onto Cypress Avenue would result in eight homes along the northern boundary. Due to the lot sizes, only three lots would be able to accommodate single-story homes.

The residents who spoke at the June 17 Planning Commission meeting voiced parking concerns for the 10 homes facing Amsterdam Avenue. The residents were concerned that guests of these homes would not have a place to park and would instead park within the neighborhood east of the project, specifically on Dalton Street. Currently the East Chino Specific Plan prohibits parking along loop streets (Amsterdam Avenue). To alleviate the parking concerns, the applicant is requesting an additional amendment to the East Chino Specific Plan to allow parking in front of the 10 homes facing Amsterdam Avenue. The addition of these parking spaces in conjunction with the driveway parking spaces on each lot will help alleviate parking concerns along Dalton Street. If recommended by the Planning Commission, this change will be incorporated into the Ordinance presented to the City Council.

Exhibit “A” – Alternative Vesting Tentative Map
Exhibit “B” – Alternative Utility Map
Exhibit “C” – PLC Communities letter to the Planning Commission Exhibit “D” – Planning Commission Staff Report dated June 17, 2026

2575

LOCATION MAPLOCATION
EUCLID AVE.

SAN ANTONIO AVE.

FERN AVE.

CYPRESS AVE.

AMSTERDAM AVE.

MOUNTAIN AVE.

SCHAEFER AVE.

EDISON AVE.

ROTTERDAM
PEPPERDINE ST.

TREES QTY BOTANICAL NAME / COMMON NAME CONTAINER WUCOLS PLATANUS RACEMOSA / (MULTI-TRUNK) CALIFORNIA SYCAMORE 24"BOX/36"BOX MEDIUM PROSOPIS ALBA THORNLESS' / THORNLESS ARGENTINE MESQUITE 24"BOX LOW RHUS LANCEA / AFRICAN SUMAC 24"BOX LOW
QUERCUS AGRIFOLIA / COAST LIVE OAK 36" BOX LOW
STREETTREES

TREES QTY BOTANICAL NAME / COMMON NAME CONTAINER WUCOLS ACACIA BAILEYANA 'PURPUREA' / PURPLE FERNLEAF ACACIA 15 GAL. LOW CALLISTEMON VIMINALIS / WEEPING BOTTLEBRUSH 15 GAL. LOW CERCIS CANADENSIS / EASTERN REDBUD 15 GAL. LOW
LAGERSTROEMIA INDICA 'CHEROKEE' / CHEROKEE CRAPE MYRTLE 15 GAL. LOW

SHRUBS BOTANICAL NAME / COMMON NAME CONT WUCOLS

ALOE STRIATA / CORAL ALOE 5 GALLON LOW
YUCCA PALLIDA / PALE-LEAF YUCCA 5 GALLON LOW
ALOE VERA / ALOE VERA 1 GALLON LOW
DIANELLA REVOLUTA 'LITTLE REV' / LITTLE REV FLAX LILY 1 GALLON LOW DASYLIRION WHEELERI / SPOON YUCCA 5 GALLON LOW
HESPERALOE PARVIFLORA 'DESERT FLAMENCO' / DESERT FLAMENCO 5 GALLON LOW CALLISTEMON VIMINALIS 'LITTLE JOHN' / DWARF BOTTLE BRUSH 5 GALLON MEDIUM FESTUCA MAIREI / ATLAS FESCUE 1 GALLON MEDIUM
WESTRINGIA FRUTICOSA 'MORNING LIGHT' / COAST ROSEMARY 5 GALLON LOW SANTOLINA VIRENS / GREEN LAVENDER COTTON 1 GALLON LOW
CISTUS PURPUREUS / ROCKROSE 5 GALLON LOW
SALVIA GREGGII / AUTUMN SAGE 5 GALLON LOW
ACHILLEA MILLEFOLIUM 'PAPRIKA' / PAPRIKA YARROW 1 GALLON LOW OLEA EUROPAEA 'MONTRA' / LITTLE OLIVE 5 GALLON LOW
SALVIA CLEVELANDII / CLEVLAND SAGE 5 GALLON LOW
LEUCOPHYLLUM LAEVIGATUM 'LYNN'S LEGACY' / LYNN'S RAIN SAGE 5 GALLON LOW SENNA ARTEMISIODES / FEATHERY CASSIA 5 GALLON LOW
LAVANDULA STOECHAS 'OTTO QUAST' / SPANISH LAVENDER 5 GALLON LOW

GROUND COVERS BOTANICAL NAME / COMMON NAME CONT WUCOLS

LANTANA X 'NEW GOLD' / NEW GOLD LANTANA FLATS LOW
BACCHARIS PILULARIS 'PIGEON POINT' / PIGEON POINT BACCHARIS 4" POT LOW

MYOPORUM PARVIFOLIUM / MYOPORUM FLATS LOW

VINES BOTANICAL NAME / COMMON NAME CONT WUCOLS
DISTICTIS BUCCINATORIA / BLOOD RED TRUMPET VINE 5 GALLON MEDIUM JASMINUM POLYANTHEMUM / PINK JASMINE 5 GALLOM MEDIUM
PLANTSCHEDULE
74 EA
24" Box/
18 EA
36" Box
2 3 4 51
35 34 33 32 31 30 29 28 27 26
47464544434241
40 22232425 21 20 19 18 17 16 15
4849505152535455
11 12
13 14
36 37
38 39
6 7 8 9 10
7 2
7 5
2 6
1 5
6 6 6 62 2 2
2 2
2 2
3 3
3 2
3 3
3 3
3 3 3
3 3
3 4

COMMUNITY

WALKING PATH

PASSIVE PARK
8 8
8 8
8 8
8 8
8 EXISTING

ADJACENT
WALL

EXISTING

ADJACENT
WALL

CYPRESS AVENUE

AMSTERDAM AVENUE
3 3
2 2
3 3
9 6
6 6
6 6
6 2
6 6
6 66
6 6
6 6
6 6 6 6 6 6 6
6 CYPRESS AVENUE
SYMBOL

LMD MAINTAINED

HOME OWNER MAINTAINED

HOA MAINTAINED
LANDSCAPEAREAS
2 31

BACKGROUND HEDGE PLANT

MIDGROUND FLOWERING PLANT

GROUNDCOVER
VINE

PLANT LIST

PARKWAY MASS PLANTING
PH. (951) 781-1930
6840 INDIANA AVE

RIVERSIDE, CALIFORNIA
LIC. #2799
92506
Cypress Ave. north of Edison Ave.

PLC Communities
(949) 721-8200
888 San Clemente Drive, Suite 200
[One Inch on Original Sheet] Drawing File: N:\Projects\25prj\25115 PLC Chino 55\AutoCAD\RHA\CLMP\ 25115 CLMP_Chino 55 May 28, 2026 - 12:28pm Newport Beach, CA 92660
SUITE 100
0'
Chino 55 Tract 20845
Chino, CA
180'120'60'
IRRIGATION CONCEPT:

THE IRRIGATION DESIGN WILL INCORPORATE THE
LATEST IN SMART IRRIGATION TECHNOLOGIES. ALL

NEW LANDSCAPE AREAS WILL INCLUDE HIGH

EFFICIENCY IRRIGATION METHODS TO INCLUDE

SUB-SURFACE DRIP, STREAM BUBBLERS, AND
ROTARY NOZZLES . ALL POP UP TREE STREAM

BUBBLERS SHALL HAVE PC SCREENS AND BE
INSTALLED ON SEPARATE VALVES. A SMART

IRRIGATION CONTROLLER WITH A RAIN SHUT OFF
DEVICE WILL ALSO BE INCORPORATED. BARK MULCH

WILL BE USED TO RETAIN MOISTURE AND REDUCE

EVAPORATION AND AN IRRIGATION SCHEDULE WILL
BE PROVIDED TO PROGRAM THE CONTROLLER. TWO

IRRIGATION SCHEDULES SHALL BE PREPARED, ONE

FOR PLANT ESTABLISHMENT AND ONE FOR AFTER
PLANT ESTABLISHMENT.

ALL NEW IRRIGATION SYSTEMS WILL COMPLY WITH
ALL CURRENT CITY OF CHINO GUIDELINES.

LANDSCAPE CONCEPT:

THIS LANDSCAPE WILL CONSIST OF CALIFORNIA-FRIENDLY, LOW

WATER USE PLANT MATERIAL WITH ALL PLANTS CHOSEN FROM THE LOW AND MEDIUM WATER USE CATEGORY ACCORDING TO WUCOLS.

ALL LANDSCAPE AREAS WILL CONFORM TO THE CURRENT CITY OF CHINO LANDSCAPE DEVELOPMENT GUIDELINES.

CLMP-1
1 LANDSCAPE

CONCEPT
3576
SSSSSS
DWDW

DW DW DW DW DW DW

SS SS SS SS SS SS

DWDWDWDWDWDWDW

SSSSSSSSSSSSSSSS
DW
DW
DW
DW
DW
DW
SS DW
SS
DW
SS
SS
SS
SS
SS
SS
SS

DWDWDWDWDWDWDWDWDW SSSSSSSSSSSSSSSSSS
SS
SSR=200'
R=1000' R=1000'
R=35' R=35'
CL
18'18'28'28'56'
CL
18'18'28'28'56'
CL
18'18'10' 28'28'56'
CL
10'18'18'28'28'56'
20'20'
20'20'CL
31'
R=300'
13'
13'
R=200'
R=220'
R=32'
R=32'
R=32'
R=32'
(LOT 'A')
(LOT 'B')
(LOT 'C')
20'BSL
33'33'
33'30'63'CL
20'BSL
20'BSL
20'BSL
20'BSL
10'10'
10'
10'
13'
10'
10'
20'
20'BSL
56'
18'18'10' 10'
20'

PEPPERDINE STREET 60'
60'
S.C.E. EASEMENT
S.C.E. EASEMENT100'
66'

PEPPERDINECOURT

AMHERSTCOURT

DALTONSTREET

CHIPOLACOURT
28'28'
10'
R=32'
R=32'
10'
CL

DARTMOUTH AVE

HARVARD AVE

BOHLANDER STREET

AGUERRE STREET
CL
(LOT 'D')

CYPRESS AVENUE
LOT 55

0.21 AC

OPEN SPACE /UNDERGROUND DETENTION

LOT 'E'

0.10 ACOPEN SPACE
97'
104'
174'
161'
99'99'
142' 102'
101'
132'
63'
44'
124'
101'
116'
43'
6' 153'
63'63'
40'
140'

LOT 'F'

0.01 ACOPEN SPACE
35'5'
5'
98'
24'
35'
30'30' 58' 14' 95'
102'
65'
30' 60'
65' 65'
102'
60'
102'
65'
60'
102'
60'
65'
102'
65'
65'
102'
60'
60'
102'
65'
65'
102'
60'
65'
102'
74'
77'
102'
73'
31'
45' 28'
105'
65'
105'
65'
105'
60'
105'
65'
105'
65'
105'
31' 7' 23'
101'
27' 39'
101'
35'
94'
35'
118'
111'9'7' 45'
113'
60'
17'
41'
95'
21'7'
33'
107'
60'
17'
41'
8' 102'
60'
35'
45'
107'
60'35'
96'
74' 81'
76'
50'
62' 12'
15'54'
60'
6'65'
65'
60'
60'
60'
60'
60'
60'
65'
29' 36'
72'11'
88'
33' 37' 26'
100'
60'
100'
60'
65'
100'
65'
60'
100'
60'
60'
100'
60'
65'
100'
65'
65'
100'
65' 60'
60'
100'
70'
48' 35'78'
55'30'
91' 101'
51'14'
100'
65'
100'
65'
100'
65'
100'
65'
100'
65'
100'
48'
78'
35'
105'
105'
105'
105'
105'
105'
100'
103'
110'
48'
77' 60' 60' 60'65' 65' 60' 65' 60' 74'
2'
39' 71' 65' 65' 65' 65' 65' 70'72'
54535251504949474645
27 26 25 24 23 22 21 20 19
18 5 6 7 8 9 10 11 12
13 14
15 16
17 363738394041424344
28 29 30 31 32 33 34 35
1 2
3 4
SS

DWDWDWDWDWDWDWDWDW SSSSSSSSSSSSSSSSSS
VESTING TENTATIVE TRACT MAP - VTTM 20845

CYPRESS AVE - COMPOSITE UTILITYCITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA NEIGHBORHOOD 3 / SUBAREA CTRACT MAP NO. 20845

APPLICANT/DEVELOPER

P L A N N E R SE N G I N E E R S S U R V E Y O R S
(949) 251-8821
5 PETERS CANYON ROADSUITE 305IRVINE, CA 92606
WWW.MDSCONSULTING.NET

ENGINEER

EAST CHINO SPECIFIC PLAN
( IN FEET )401 inch = ft.

GRAPHIC SCALE0 20 40 80 160

PROJECTSITE
4577

June 29, 2026

Members of the Planning Commission for the City of Chino

C/O Ms.

Andrea Gilbert

Senior Planner

City of Chino

13220 Central Avenue

Chino, CA 91710

Re: Tentative Map 20845
–

Planning Commission continuation

Dear Chair
person F
raga

and distinguished members of the Planning Commission

As you are all aware, the motion to approve TTM 20845 was voted on, resulting in a 3 -
3 tie. The commission later voted unanimously to continue the item until July’s planning commission hearing with direction to PLC Communities (applicant) and staff to stu
dy the possibility of “flipping” the site design so 10 homes proposed to front on to Amsterdam would instead front on to Cypress Avenue.

We have spent the past two weeks analyzing the request to flip the site. This includes having our civil engineer plot the new site plan and research

other
constructability issues such as

grading, drainage and utility issues that might
also aris
e
.

Our findings are as follows:

The revised site can only fit 54 lots, resulting in 1 less home.

The current PLC site plan has only six homes backing to the homes on Pepperdine. Four of six of our proposed homes will be single stories. The “flipped” site plan requires eight lots backing to Pepperdine, only three can fit the single
-
story plan.

Sewer and storm
drain utilities are

already located in Amsterdam. The
“flipped” site plan requires
over 700’ of
new
underground sewer and storm
drain to service the proposed 10 homes front Cypress. There would also be a similar extension of dry utilities.

We do not believe there is enough grade change to allow the new storm drain line in Cypress to flow to the
water quality treatment and underground
detention facility located on Amsterdam. Assuming this cannot be engineered, PLC would need to install a
n additional

treatment/detention
5578
6579

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: JUNE 17, 2026

..titl e
PL26-0119 (Specific Plan Amendment), PL25-0120 (Site Approval), and PL25-0121 (Tentative Tract Map No. 20845)
..end

LOCATION MAP
1727580
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 2

1738581
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 3

PROJECT NO.: PL26-0119 (Specific Plan Amendment), PL25 -0120 (Site Approval), and PL25-0121 (Tentative Tract Map No. 20845)
APPLICANT: PLC Communities
REQUEST: A request to amend the East Chino Specific Plan (ECSP) to allow reduced front yard setbacks for homes with swing -in garages and to allow homes to front onto Amsterdam Avenue, and a request for approval of a Site Approval (SA) and Tentative Tract Map (TTM) to subdivide 12.42 adjusted gross acres for the development of 55 single -family residential homes at a density of 4.44 dwelling units per acre within the RD 4.5 Residential (4.5 dwelling units/acre) land use designation of the ECSP.

LOCATION: 13918 Cypress Avenue (APNs: 1021-241-02, -03, and 1021-251-01)

RECOMMENDATION
..recommendation
1) Adopt Planning Commission Resolution No. PC2026 -012, recommending the City Council approve PL26-0019 (East Chino Specific Plan Amendment), based on the findings listed in the Planning Commission Resolution No. PC2026 -012; 2) Adopt Planning Commission Resolution No. PC2026 -013, approving PL25-0120 (Site Approval) and PL25 - 0121 (Tentative Tract Map No. 20845) , based upon the findings and subject to the departmental conditions of approval.
..body
SURROUNDING ZONING AND LAND USE:

Existing Land Use General Plan Zoning District
Project Site - Agricultural RD 4.5 (4.5 dwelling
units/acre)
East Chino Specific
Plan
North - Single Family
Residential
RD 4.5 (4.5 dwelling
units/acre)
East Chino Specific
Plan
East - Single Family
Residential
RD 4.5 (4.5 dwelling
units/acre)
East Chino Specific
Plan
South - Agricultural RD 4.5 (4.5 dwelling
units/acre)
East Chino Specific
Plan
West - Single Family
Residential
RD 4.5 (4.5 dwelling
units/acre)
East Chino Specific
Plan

BACKGROUND
On September 17, 2025, the Planning Commission approved PL25-0084 (Tentative Parcel Map No. 20988) to subdivide a 9.06 -acre site within East Chino Specific Plan (ECSP) into two parcels. One of the parcels ( 2.84-acres) was conveyed from the Louis Aguerre Family Trust to PLC Communities (the “Applicant”) to facilitate the development of single-family residential. The Applicant is now request ing a Specific Plan Amendment (SPA) to modify development standards within the ECSP to better accommodate the proposed residential project. The requested amendments include allowing reduced front yard setbacks for home s with swing-in garages and permitting lots to front onto Amsterdam Avenue (Loop Street). In conjunction with 1749582
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 4

the SPA, the Applicant is also requesting approval of a Tentative Tract Map (TTM) and Site Approval (SA) to subdivide approximately 12.42-acres for the development of 55 single-family homes.

ISSUES/ANALYSIS
East Chino Specific Plan Amendment
The ESCP currently prohibits homes from fronting on to streets classified as Loop Streets and requires a minimum front yard setback of 25 (+/- 5 feet) feet. The proposed SPA modifies two provisions: 1) allow single-family homes on Lots 26 through 35 to front onto the Amsterdam Avenue, which is classified as a Loop Street ; and 2) permit a reduced minimum front yard setback of 15 feet for homes with a swing -in garages. With this modifica tion, the Applicant is able to propose three-car garage s, thereby increasing on -site parking. Collectively, t hese amendments will enhance the visual character of the neighborhood by providing a more interesting street scene and greater architectural variety through varied front yard setbacks. The proposed changes are compatible with the surrounding neighborhood and would not result in adverse impacts. The SPA does not change the land use designation or maximum allowable density for the subject property and would be consistent with the RD 4.5 development standards in the City of Chino’s Zoning Code.

Site Plan
The project site is located on the west side of Cypress Aven ue, north of the Southern California Edison (SCE) easement and consists of 55 single-family homes on 12.42 adjusted gross acres of land at a density of 4.4 units/acre in the RD 4.5 Residential land use designation of the ECSP. Access to the site is provide d from Cypress Avenue and Amsterdam Avenue . The homes are a typical single-family layout with garage access provided from internal streets and typical rear yard areas for each home. Garages are plotted at varying depths that range from 15 feet to 25 feet to provide an undulating street scene. Side-on configurations for Lots 36 through 39 are proposed along Amsterdam Avenue and will be accessed via shared driveways.

Project statistics are as follows:

Public Improvements
Item Proposed
Project Area 12.42 adjusted gross acres
No. Lots 56 numbered lots / 2 letter lots
No. of Residential Units 55
Density 4.4 dwelling units per acre
Parking (proposed/required) 327 proposed / 110 required (149 garage spaces + 110 driveway spaces + 68 on -
street spaces)
17510583
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 5

The ECSP designates Amsterdam Avenue as a “Loop Street ,” which includes the development of a 30 -foot-wide pedestrian paseo providing a connection to Cypress Avenue. This paseo will consist of 10 feet of dedicated public right-of-way and a 20-foot-wide easement over Lots 36 through 39 and will be maintained by the Homeowner’s Association. In addition, a seven -foot- wide right-of-way dedication is required along the east side of Amsterdam Avenue to accommodate planned street improvements. Beyond the project area, the west side of Cypress Avenue will be improved w ith a 5 -foot sidewalk, curb and gutter, parkway landscaping, and streetlights that will connect to Edison Avenue.

Architecture and Floor Plans
Three floor plans and four architectural styles are proposed. Floor plans range in size from 2,568 square feet to 3, 612 square feet. Plan 1 is a single -story unit and Plan 2 and 3 are two - story. Enhanced elevations have been provided for all elevations visible from a public street or open space features. A variety of garage placements are proposed that include forward and swing-in garages. The four architectural styles proposed include Italian, Spanish, Farmhouse, and Ranch. The following is a brief description of each architectural style:
 Italian: This style has a stucco finish and features wrought-iron elements , scorelines, ribbon windows, and a wide square porch with columns. The first and second stories are delineated with the use of a wide belly band. The decorative front doors, panel patter n garage doors and decorative light fixtures are provided to match the architectural style.

An “S” shaped concrete tile roof is provided. The field color is tan, while the contrasting accent colors are white and dark brown.

 Spanish: This style utilizes a combination of stucco finish and decorative pattern tiles. It features, exposed rafter tails, multi -paned windows, foam trim, stucco wainscot, an articulated front arched entry, and decorative wrought-iron elements. Decorative front doors, panel pattern garage doors and decorative light fixtures are provided to match the architectural style. An “S” shaped concrete tile roof is provided. Field colors of this style vary from white to warm colors, and accent colors are moody blue and burgundy.

 Farmhouse: This style utilizes a combination of stucco, decorative brick and horizontal and vertical wood siding, simple gable ends, and decorative corbels. Enhanced entries have wood posts and beams. Decorative front doors, panel pattern garage doors and decorative light fixtures are provided to match the architectural style. A flat concrete tile roof is provided. The paint choice features whites and dark shades to create a contrast between the field color.

 Ranch: This style utilizes a combination of stucco, decorative stone and horizontal wood siding, wood shutters , and decorative corbels. Decorative front doors, panel pattern garage doors and decorative light fixtures are provided to match the architectural style. A flat concrete tile roof is provided. The paint choice features tan and gray shades with dark teal-colored and burgundy shutters to create contrast.

Landscaping, Walls, and Open Space
A unique landscape theme has been established in the neighborhood, which includes shrubs, a minimum 15-gallon box tree, and ground cover for the front yard of each home. A meandering sidewalk with informal planting of trees and shrubs are proposed within the 30-foot-wide pedestrian paseo along Amsterdam Avenue . Street trees w ill be planted throughout the 17611584
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 6

development and extend beyond the project boundary along the west side of Cypress Avenue , providing a continuous connection south to Edison Avenue. In addi tion, a passive park is proposed at the southwestern portion of the project site, featuring a walkway and benches. This area will also function as an underground water retention basin.

A 6-foot-high block wall with 24-inch square decorative pilasters will be installed in areas visible from public view. In areas not visible from public view, a 6-foot-high vinyl fence will enclose the side and rear yards of each home . Neighborhood entry features are proposed at the northwest and southwest corners of Cyp ress Avenue and Amsterdam Avenue. These features include a

3.5-foot-high wood fence with 24” square decorative pilasters, an accent tree, shrubs and ground cover to enhance the project’s entry identity.

Parking
Overall, the project exceeds the minimum parking requirement of two garage spaces per unit , with some homes providing three garage spaces per unit. In addition, driveways are provided for each home to allow for parking of two additional vehicles. In addition, 68 on-street parking spaces will be ava ilable for residents to park their vehicles. The overall parking count provided is 327 parking spaces, which is 5.95 parking spaces per unit (149 garage spaces, 110 driveway spaces, 68 on-street spaces).

Tentative Tract Map No. 20845
The proposed tract map creates 56 numbered lots and two lettered lots to facilitate the development of 55 single family homes , a passive park/underwater retention basin, and two landscaped parkways. Each numbered lot range s in size from 6,000 square feet to 13,791 square feet, with an average lot size of 7,318 square feet.

Public Noticing
A 10-day notice was mailed to all property owners within a 300 -foot radius of the project site. In addition, a notice was published in the Chino Champion on June 6, 2026 , and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.

ENVIRONMENTAL REVIEW
The proposed project has been determined to be within the scope of the previously certified 2045 G eneral Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed project for th e purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, development density, and applicable policies established by the City’s General Plan, the East Chino Specific Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The project is also subject to uniformly applicable development policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

17712585
PLANNING COMMISSION MEETING DATE: JUNE 17, 2026
TITLE: PL26-0119 (SPECIFIC PLAN AMENDMENT), PL25 -0120 (SITE APPROVAL), AND PL25-0121 (TENTATIVE TRACT MAP).

PAGE: 7

17813586
RESOLUTION NO. PC2026-012

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CHINO, CALIFORNIA, RECOMMENDING THE CHINO CITY COUNCIL
APPROVE PL25-0119 (EAST CHINO SPECIFIC PLAN AMENDMENT),

AN AMENDMENT TO THE EAST CHINO SPECIFIC PLAN TO ALLOW

HOMES TO FRONT ONTO LOOP STREETS AND PERMIT A
REDUCED FRONT YARD SETBACK OF 15 FEET FOR HOMES WITH
SWING-IN GARAGES IN THE RD 4.5 LAND USE DESIGNATION.

WHEREAS, the City of Chino (the “City”) adopted The East Chino Specific Plan (The “ECSP”) on March 3, 1987; and

WHEREAS, the City, in compliance with the California Environmental Quality Act (“CEQA”), certified the East Chino Specific Plan Final Environmental Impact Report (SCH# 86060909) originally certified on February 17, 1987, which serves a s the foundation document for the environmental review pursuant to CEQA Section 21166 and Section 15162 of the CEQA Guidelines; and

WHEREAS, PLC Communities (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL25-0119 (Specific Plan Amendment) to amend the East Chino Specific Plan to allow home s to front onto loop streets and permit a reduced front yard setback of 15 feet for homes with swing-in garages in the RD 4.5 land use designation, as outlines in the d raft City Council resolution attached as Exhibit “A” ; and

WHEREAS, the proposed Project is the 26th specific plan amendment since East Chino Specific Plan was approved in 1987; and

WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and

WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for PL25 -0119 (East Chino Specific Plan Amendment) in compliance with law, entertained the written and oral report o f staff, took public testimony on the Project, and recommended that the City Council approve the amendments to the ECSP as outlined in the draft City Council resolution attached as Exhibit “A”.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

17914587
RESOLUTION NO. PC2026-012

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B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL25-0119 (East Chino Specific Plan Amendment):

1. PL25-0119 (East Chino Specific Plan Amendment)

a. The proposed specific plan or specific plan amendment is consistent with the goals and policies of the City’s adopted General Plan as the proposed changes are to allow homes to front onto Loop Streets and permit a reduced front yard setback of 15-feet for homes with swing-in garages located in the RD 4.5 Residential land use designation, both of which will help facilitate development within the East Chino. The two amendments are consistent with General Plan Goal LCC -1 (Balanced Community), which encourages safe and livable neighborhoods. The proposed amendme nts support this goal by providing an enhanced design for future homes in East Chino.

Front-on units allow for more architectural enhancements to be publicly visible than side -on and rear configured homes. In addition, front -on configurations create better visibility, create fewer hidden areas, and give residents the ability to better observe public spaces which create a safer neighborhood. Reduced setbacks for swing-in garages can foster single - family home designs which incorporate 3 -car garages. Three car garages can reduce the reliance of residents requiring additional street parking, making neighborhoods more livable. The amendments are also consistent with General Plan Goal INF -4 (Connected City), which promotes safe and convenient connections between neighborhoods and destinations for pedestrians, cyclists and transit users. The proposed front-on units along loop streets will still allow for pedestrian-oriented design features, including sidewalks, parkways and connectivity. The proposed amend ments are consistent with the goals, policies, and implementation measures of the General Plan.

b. The proposed specific plan or specific plan amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City, as it will facilitate the development of single -family residential homes with attractive designs and safer neighborhoods.

c. The proposed specific plan or specific plan amendment will maintain the appropriate balance of land uses within the City, as the proposed changes to the specific plan do not include any land use changes or changes in residential densities within the ECSP.

d. In the case of an amendment to a specific plan land use map, the subject site is physically suitable, i ncluding but not limited to parcel size, shape, access, availability of utilities and compatibility with adjoining uses for the requested land use designation and anticipated development. The proposed changes to the specific plan do not include any land use changes. 18015588
RESOLUTION NO. PC2026-012

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2. CEQA Findings The proposed project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed project for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, development density, and applicable policies established by the City’s General Plan, the East Chino Specific Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would not result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR.

The project is also subject to uniformly applicable develop ment policies and mitigation measures identified in the 2045 General Plan Update EIR, which would reduce potential impacts to less than significant levels. Accordingly, pursuant to CEQA Guidelines Section 15183, no additional environmental review is required.

NOW, THEREFORE, BE IT RESOLVED, the City of Chino Planning Commission recommends that the City Council approve PL25-0119 (East Chino Specific Plan Amendment) as outlined in Exhibit “A” to this resolution.

PASSED, APPROVED, and ADOPTED THIS 17th day of June 2026.

PLANNING COMMISSION CHAIRPERSON

ATTEST:

SECRETARY, PLANNING COMMISSION

State of California )
County of San Bernardino ) §
City of Chino )

I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 17th day of July 2026 and entered in the minutes of said Commission.
18116589
RESOLUTION NO. PC2026-012

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AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

SECRETARY, PLANNING COMMISSION

Attachment:

Exhibit A – Draft City Council Ordinance

18217590

ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, AMENDING THE EAST CHINO SPECIFIC PLANPLAN

TO ALLOW HOMES TO FRONT ONTO LOOP STREETS AND
PERMIT A REDUCED FRONT YARD SETBACK OF 15 -FEET FOR
HOMES WITH SWING -IN GARAGES IN THE RD 4.5 LAND USE
DESIGNATION. PL25-0119 (EAST CHINO SPECIFIC PLAN
AMENDMENT).

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

Section 1. The East Chino Specific Plan Specific Plan is hereby amended as follows.

Additions are shown in red; deletions are in bold strikethrough, and existing text that is not shown and will not be amended is denoted by ellipsis (“…”).

18318591
RESOLUTION NO. PC2026-XXX

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Page 107 ends

Page 111 ends

Note:

18419592
RESOLUTION NO. PC2026-XXX

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(n) Front Yard Setback: Swing-in garages shall have a minimum setback of fifteen (15) feet, not to exceed one-third of the lots within the subdivision.

Pages 111-112

B. Site Planning Guidelines Single Family

1) Streetside building elevations on corner lots shall not exceed one story in height. Split level units may be allowed, however, if the second story is stepped back from the street side yard.

2) Excessive repetition of identical floor plans shall be discouraged. A minimum number of footprints shall be provided per Note h on page 110.

3) Staggered dwelling setbacks shall be required. Front yard setbacks within neighborhoods 1, 2, 3, and 4 shall be staggered ±five feet (Figure 24).

4) Property lines should be staggered as much as possible to create variety. In addition, lot width dimensions shall be varied to provide visual interest to the streetscape (Figure 24).

5) Side entry and detached garages shall be encouraged.

6) The site design for neighborhoods 1, 2, 3, and 4 should reflect a rural, informal street pattern with curvilinear roads and cul-de-sacs.

7) Side-on dwelling plottings shall be encouraged contiguous to the loop/paseo street system. Rear-on configuration shall be discouraged, while front-on units are prohibited along the loop roads and where appropriate, front-on configurations are permitted along the loop roads.

Section 2 The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The proposed project has been determined to be within the scope of the previously certified 2045 General Plan Update Environmental Impact Report (EIR) (State Clearinghouse No. 202409083), adopted on September 2, 2025. The EIR adequately describes the environmental effects of the proposed proje ct for the purposes of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the land use designation, development density, and applicable policies established by the City’s Gener al Plan, the East Chino Specific Plan, and underlying zoning, all of which were evaluated in the certified EIR. Pursuant to Section 15183(b), a focused evaluation of the development was conducted and the analysis concluded that the proposed project would n ot result in any new or more severe significant environmental impacts beyond those identified in the certified General Plan EIR. The project is also 18520593
RESOLUTION NO. PC2026-XXX

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Chino City CouncilSeptember 15, 2026

Chino City Council
September 15, 2026