Santa Paula City Council
August 21, 2024

City of Santa Paula
City Council

MAYOR LESLIE CORNEJO
VICE MAYOR PEDRO A. CHAVEZ

COUNCILMEMBER JENNY CROSSWHITE

COUNCILMEMBER CARLOS JUAREZ

COUNCILMEMBER ANDY SOBEL

CITY COUNCIL REGULAR MEETING OF THE

SANTA PAULA CITY COUNCIL
WEDNESDAY, AUGUST 21, 2024
6:30 PM - City Council Regular Meeting

SANTA PAULA CITY HALL
970 VENTURA STREET
SANTA PAULA, CA 93060

JULIE LATSHAW, CITY CLERK

DAN SINGER, CITY MANAGER

MONICA CASTILLO, CITY ATTORNEY
City of Santa Paula - City Council - City Council Regular Meeting 1

CITY COUNCIL REGULAR MEETING
You are invited to participate in all Regular City Council meetings. Agendas are posted in the front of Santa Paula City Hall, 970 Ventura Street, Santa Paula, 72 hours in advance of the scheduled meetings. The City Council's regular meetings start at 6:30 p.m. the first and third Wednesday of each month in the City Hall Council Chambers located at 970 Ventura Street in Santa Paula. Special and Closed Sessions vary by date and time.

HOW TO PARTICIPATE IN PERSON DURING THE MEETING: If you wish to speak at a City Council meeting, please fill out a Public Comment Form noting your name and address and submit the form to the City Clerk. Include the Agenda item number, when appropriate. Public comments are limited to 3 minutes.

1. Items Not on the Agenda: If you wish to discuss an item which is not scheduled on the Agenda, you may address the City Council during Public Comment. Please realize that due to the limitations placed on the City Council by provisions of the California Government Code, the City Council ordinarily cannot take action on any item that is not on the agenda. Because of these restrictions, expect that matters that you identify during public comment may be referred to staff or considered on a future agenda.

2. Agenda Items: Items being considered by the City Council may appear on the Consent Calendar, as an Action Item, or as a Public Hearing. Public comments on each type of item are handled differently, as explained below:
a. For items appearing on the Consent Calendar, please submit a Public Comment Form before the Council takes action on the Consent Calendar. Items that receive a Public Comment Form may be pulled from the Consent Calendar by the Mayor and discussed separately by the City Council.
b. For items appearing as an Action Item, the Mayor will announce the Agenda item and request the staff report, the staff member responsible will give a brief summary of the report; the City Council will have an opportunity to ask questions of staff; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); and the City Council will discuss the item and then take appropriate action.
c. For items on which a Public Hearing is scheduled, the Mayor will open the public hearing and receive the staff report; members of the public will be given an opportunity to comment on the item and ask additional questions (all members of the public should speak directly into the microphone at the speaker’s platform); the City Council will discuss the item; and the Mayor will close the public hearing after City Council action.

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence on any agenda item by sending an email to [email protected]. All public correspondence received by 3:00 p.m. (PT) on the meeting date will be provided to the legislative body before the meeting. Public Comments received after 3:00 p.m. will be provided to the legislative body the next day.

Your Participation in this meeting is in the public domain; meetings are cablecast; minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website.

PLEASE NOTE: Be advised that if you bring a legal challenge to an action, you may be limited to raising only those issues you or someone else raised at the meeting described in this Agenda, or in written correspondence delivered to the City Council at or before the meeting.

Any action is subject to the ninety-day time period set forth in Code of Civil Procedure § 1094.6.

City of Santa Paula - City Council - City Council Regular Meeting 2

1. CALL TO ORDER
REMINDER: in order to minimize distractions during public meetings, all personal communication devices should be turned off or put in a non-audible mode.

2. INVOCATION

3. FLAG SALUTE

4. ROLL CALL

5. CLOSED SESSION REPORT

6. PUBLIC COMMENT
At this time, members of the public may comment on any item not appearing on the agenda that is within the subject-matter jurisdiction of the City Council. A Public Comment Form must be submitted to the City Clerk prior to the beginning of the Public Comment period in order to be recognized to speak. Individuals submitting Public Comment Forms after the beginning of the Public Comment period will not be allowed to speak at this time, but may be recognized to speak by the Mayor at the conclusion of the meeting. Individual Councilmembers may briefly respond to Public Comments or ask questions for clarification. The City Council may direct staff to report to the City Council on the item at a later meeting. For items appearing on the Agenda, the public will be invited to make comments at the time the item comes up for City Council consideration. If a member of the public wishes to address a Consent Calendar item, please submit a Public Comment Form for that item. It may then be discussed separately by the Council, and the public will be invited to make comments at that time. At all times, please use the microphone and write your name and address on the Public Comment Form provided.

7. PRESENTATIONS

7.A THE ARC OF VENTURA COUNTY RECOGNITION

7.B PREMIER AMERICA EDUCATIONAL SCHOLARSHIP ANNOUNCEMENT

8. CITY COUNCIL REPORTS
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (805) 933-4208. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35, 102-35.104 ADA Title II). Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office.

HOW TO VIEW ON YOUR TELEVISION, COMPUTER, OR MOBILE DEVICE: Watch from home live on the local Channel 10, or view the live feed on the city website at the following link: https://www.spcity.org/523/Public-Meeting-Agendas NOTE: Special and Closed Sessions are not recorded and not available on Channel 10 or live feed on the city website.

REGULAR MATTERS - COUNCIL CHAMBERS
City of Santa Paula - City Council - City Council Regular Meeting 3

9. CITY MANAGER REPORTS

10. CONSENT CALENDAR
Background information has been provided to the City Council on all matters listed under the Consent Calendar and these items are considered to be routine by the City Council and are normally approved by one motion. If discussion is requested by a Councilmember on any item, or a member of the public wishes to comment on an item, that item may be removed from the Consent Calendar for separate action.

10.A APPROVAL OF MINUTES
City Council Special Meeting August 7, 2024
City Council Regular Meeting August 7, 2024
RECOMMENDATION:

Staff recommends Council approve minutes.

10.B JUNE 2024 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for June 2024, starting check number 337494 and ending check number 337890.

2. Review and accept the "Certification of Salaries" for the pay period ending dates May 31st, 2024, through June 14th, 2024.

10.C JULY 2024 WARRANTS AND CERTIFICATIONS
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for July 2024, starting check number 337494 and ending check number 337890.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 28th, 2024, through July 12th, 2024.

10.D KEMCORP CONSTRUCTION, INC CONSTRUCTION CONTRACT FOR

POLICE STATION AND SECURITY FENCE SITE IMPROVEMENTS
RECOMMENDATION:

Staff Recommends that the City Council:

1. Authorize the City Manager to execute a contract with KemCorp Construction, Inc. for the Police Station and Security Fence Site Improvements in the amount of $235,000.00 in a form approved by the City Attorney.

10.E MILL STREET WATERLINE REPLACEMENT PROJECT CONTRACT AWARD
RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 4 Staff recommends that the City Council:

1. Award a Construction Contract to Toro Enterprises, Inc. for the construction of the Mill Street Waterline Replacement Project in the amount of $1,158,415 and authorize the City Manager to execute the contract in a form approved by the City Attorney;

2. Authorize the City Manager or his designee to approve contract change orders to the Construction Contract as required and verified by staff in an amount not to cumulatively exceed $115,842 and an allowance of $115,842 for construction management, inspection, materials testing, and engineering support services for the Mill Street Waterline Replacement Project.

3. Approve budget adjustments as shown in Table 2 of the Staff Report for the Mill Street Waterline Replacement Project.

10.F TELEGRAPH ROAD WIDENING PROJECT DESIGN AWARD
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute an agreement with MNS Engineers, Inc. in an amount not to exceed $348,880.00 for professional design services for the Telegraph Road Widening Project;

2. Approve budget allocations as shown in Table 1 of the Staff Report for the Telegraph Road Widening Project.

10.G MAIN ST / HARVARD BLVD / TELEGRAPH RD ROUNDABOUT PROJECT

DESIGN AWARD
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute an agreement with MNS Engineers, Inc. in an amount not to exceed $280,585.00 for professional design services for the Main St/Harvard Blvd/Telegraph Rd Roundabout Project;

2. Approve budget allocations as shown in Table 1 of the Staff Report for the Main St/Harvard Blvd/Telegraph Rd Roundabout Project.

10.H CALIFORNIA EMERGING TECHNOLOGY FUND GRANT BUDGET

APPROPRIATION
RECOMMENDATION:

Staff recommends City Council:

1. Approve a budget allocation of $1,000.00 in new revenue and matching expenditures from the California Emerging Technology Fund (CETF), as noted in the Fiscal Impact section of this report.

10.I MODIFICATION TO PUBLIC WORKS DIRECTOR SALARY ASSUMPTIONS RECOMMENDATION:

City of Santa Paula - City Council - City Council Regular Meeting 5 Staff recommends that the City Council:

Adopt Resolution No. 7537 modifying salary assumptions for the Public Works Director position in the approved City's salary schedule.

11. ACTION ITEMS

11.A PARTIAL ASSIGNMENTS OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 6074 (HARVEST AT LIMONEIRA)
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution No. 7535 to do the following:

A. Consent to the Partial Assignments of the Subdivision Improvement Agreement for Tract No. 6074; and
B. Authorize the Public Works Director to reduce the performance bond filed by Lewis Limoneira Community Builders LLC for Tract No. 6074 to cover only street improvements, provided Richmond American Homes of Maryland, Inc. and Lennar Homes of
California, Inc. first file warranty bonds to cover completed sewer and water improvements.

2. Authorize the City Manager to execute the Partial Assignments and make any necessary changes subject to the approval of the City Attorney prior to recording.

Presented by: Monica Castillo, City Attorney

11.B COMMUNITY BIKE TRAIL CONNECTIVITY PROJECT DESIGN AWARD RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute an agreement with MNS Engineers, Inc. in an amount not to exceed $841,756.00 for professional design services for the Community Bike Trail Connectivity Project;

2. Approve budget adjustments as shown in Table 2 of the Staff Report for the Community Bike Trail Connectivity Project.

Presented by: Public Works Director Clete Saunier

12. ITEMS FOR FUTURE AGENDAS

12.A FUTURE AGENDA ITEMS
RECOMMENDATION:

Staff recommends City Council review future agenda items.

13. ADJOURNMENT
State of California )-
City of Santa Paula - City Council - City Council Regular Meeting 6 County of Ventura )- ss
City of Santa Paula )-
I declare under penalty of perjury that I posted this City Council Agenda on the bulletin board near the front door of City Hall, 970 Ventura Street, Santa Paula, California.

On_________________ at______________Signed:_________________________ Julie Latshaw
City Clerk
City of Santa Paula - City Council - City Council Regular Meeting 7 To: Honorable Mayor and Members of the City Council
From: Julie Latshaw, City Clerk
Subject: APPROVAL OF MINUTES
City Council Special Meeting August 7, 2024
City Council Regular Meeting August 7, 2024
Date: August 21, 2024
Agenda Item: 10.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends Council approve minutes.

BACKGROUND:

An account of all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meeting proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. Unless requested by a majority of the quorum, the minutes may be approved without reading.

ANALYSIS:

None.

STRATEGIC PLAN:

This item is not a goal or objective in the City Council's two-year Strategic Plan, however, the Minutes shall constitute the official record of the Legislative Body.

FISCAL IMPACTS:

There are no fiscal impacts for this item.

OPTIONS:

None.
8 ATTACHMENTS:
2024.08.07 City Council Special Minutes.pdf
2024.08.07 City Council Regular Minutes.pdf
9 CITY OF SANTA PAULA
City Council Special Meeting
August 7, 2024, 5:00 PM

MINUTES

SPECIAL MEETING - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 5:00 p.m.
2) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
3) PUBLIC COMMENT
None.
4) CLOSED SESSION

4.A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1), P.Z. v. City of Santa Paula, et al., Ventura County Superior Court Case No. 56-2023- 00574258-CU-OE-VTA
Council recessed to closed session.
5) ACTION ITEMS

5.A) COMMISSION/COMMITTEE/BOARD INTERVIEW
Council interviewed one applicant for the Senior Advisory Committee. 6) CLOSED SESSION REPORT
City Attorney Monica Castillo reported there was no reportable action taken. 7) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 6:15 p.m.
10 Julie Latshaw, City Clerk
ATTEST:
11 CITY OF SANTA PAULA
City Council Regular Meeting
August 7, 2024, 6:30 PM

MINUTES

REGULAR MATTERS - COUNCIL CHAMBERS
1) CALL TO ORDER
Mayor Cornejo called the meeting to order at 6:30 p.m.
2) INVOCATION
Chaplain Kay Wilson-Bolton provided the Invocation.
3) FLAG SALUTE
Councilmember Juarez led the flag salute.
4) ROLL CALL
Members Present: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, and Andy Sobel
5) CLOSED SESSION REPORT
City Attorney Monica Castillo reported Council met in closed session, reporting there was no reportable action taken on the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1), P.Z. v. City of Santa Paula, et al., Ventura County Superior Court Case No. 56-2023-00574258-CU-OE-VTA 6) PUBLIC COMMENT
Joy Cummings was called to speak providing a Petition to the City of Santa Paula to remove all obstructions on the public access easement located on Lot #14 (1480 Forest Drive) in the Arbor Executive Homes Development.

Shannon Nelson was called to speak urging council to use their authority to remove obstructions to the public easement located at 1480 Forest Drive.

Amalia Ochoa was called to speak, to file a claim for a fall due to damaged sidewalk on July 13, 2024. City Clerk provided her with a claim form to 12 complete and return to the city.

Barbara Doyle was called to speak on the State of California's Voters Choice Act (VCA).

Kathy Morgan was called to speak on the State of California's Voters Choice Act (VCA).

Ricardo Soto was called to speak explaining he was a witness who saw Amalia fall in the alley behind Mill and 10th Street. City Manager Singer indicated he would have Public Works look into it.

James Lantiegne was called to speak reporting on the first Santa Paula Film Festival at the Santa Paula Theatre Center in corporation with the Theatre and Chamber of Commerce.

Cami Pinsak was called to speak providing information on economic and housing market update from Ventura County Coastal Association of Realtors. 7) PRESENTATIONS

7.A) LABOR DAY PARADE PRESENTATION
Chris Ines announced the Labor Day Parade poster was designed by Santa Paula High PTSA Student Ambassadors. President and Student Ambassador Sofia Mancilla explained the pictures on the poster and the meaning from the student's perspective. The poster was presented to Mayor Cornejo.

7.B) PUBLIC WORKS DEPARTMENT ACTIVITY REPORT APRIL - JUNE 2024
Public Works Director Clete Saunier presented the Public Works Department Report for April - June 2024.
8) CITY COUNCIL REPORTS
Councilmember Sobel:

Gave recognition to the Social Services Collision for their Spring and Summer events; and attended the ribbon cutting for the Valley Express service between Fillmore and Moorpark.

Vice Mayor Chavez:

Provided the City Clerk with report on activities; and provided recognition to Jazmin Guajardo, who was appointed by the Governor to serve on the University Board of Trustees.

Councilmember Juarez
Attended the 4th of July Drone Show; Homeless and Housing meeting; Boys & Girls Club Stem Day; was on location at Mesa Tank when a check from Congresswoman Brownley was received; visited Oswell Norway; meeting with Consulate of Mexico; attended ribbon cutting for the Valley Express service between Fillmore and Moorpark; and Citizen Corp meeting. 13 Councilmember Crosswhite;
Attended Southern California Association of Governments; and Clean Power Alliance.

Mayor Cornejo:

Attended the Neighborhood Watch meeting at Harvest; Ventura Council of Governments; was on location at Mesa Tank when a check from Congresswoman Brownley was received; provided a city report at the Chamber Board meeting; attended the meeting with Consulate of Mexico; Ventura County Community Foundation meeting; ribbon cutting for City Nails and Beauty; and announced four more days of the Ventura County Fair. 9) CITY MANAGER REPORTS
City Manager Singer:

Announced Red Tail / AHA Development successfully completed a tax credit award; Harvard Boulevard Celebration ribbon cutting to be held at Bunnin Chevrolet on August 31st, at 10:00 am; the success of our fellows program was highlighted in the League of Cities monthly magazine; and reported to Council and public that the emergency fencing at the reservoir is proceeding under the emergency declaration which provides the City Manager to move forward with emergency purchases. David Lauletta provided status on the Sports Park. 10) CONSENT CALENDAR

10.A) APPROVAL OF MINUTES
City Council Special Meeting June 19, 2024
City Council Regular Meeting June 19, 2024
Joint City Council and Planning Commission June 24, 2024 City Council Special Meeting July 1, 2024
City Council Special Meeting July 2, 2024
City Council Regular Meeting July 2, 2024

10.B) 2024 CITYWIDE STREET MAINTENANCE CONTRACT AWARD
Motion: Approve as amended Consent Calendar with amendments to June 19, 2024 City Council Regular minutes.

Moved by Jenny Crosswhite, seconded by Andy Sobel
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel
11) ACTION ITEMS

11.A) APPOINTMENT TO COMMISSIONS AND COMMITTEES
Motion: Approve Appointment of Judi Pirkle to serve a 2-year term on the Senior Advisory Committee.

Moved by Pedro A Chavez, seconded by Andy Sobel
Vote: Motion carried 5-0
14 Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel

11.B) DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - OCTOBER
16-18, 2024
Motion: Approve Nomination of Mayor Cornejo as primary and Vice Mayor Chavez as alternate to participate in the 2024 League of California Cities Annual Conference.

Moved by Andy Sobel, seconded by Jenny Crosswhite
Vote: Motion carried 5-0
Yes: Leslie Cornejo, Pedro A Chavez, Jenny Crosswhite, Carlos Juarez, Andy Sobel

11.C) APPROVAL OF FINAL TRACT MAP NO. 6001 - FOOTHILL TRACT -

LENNAR HARVEST AT LIMONEIRA PROJECT
Vice Mayor Chavez recused himself from this item and left the Dias.

City Attorney explained missing exhibits on attachment C Subdivision Improvement Agreement to the staff report, exhibit B and D, have been provided on the Dias.

Motion: Approve Resolution No. 7534 Approving Final Tract Map Nos. 6001-1 through 6001-14 and Tract No. 6001 Subdivision Improvement Agreement.

Moved by Carlos Juarez, seconded by Andy Sobel
Vote: Motion carried 4-0
Yes: Leslie Cornejo, Jenny Crosswhite, Carlos Juarez, Andy Sobel 12) ITEMS FOR FUTURE AGENDAS

12.A) FUTURE AGENDA ITEMS
City Manager Singer announced upcoming study session August 21st on Homelessness, and September 18th on Animal Control and Shelter Services.
13) ADJOURNMENT
Mayor Cornejo adjourned the meeting at 8:37 p.m.

Julie Latshaw, City Clerk
ATTEST:
15 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: JUNE 2024 WARRANTS AND CERTIFICATIONS
Date: August 21, 2024
Agenda Item: 10.B

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for June 2024, starting check number 337494 and ending check number 337890.

2. Review and accept the "Certification of Salaries" for the pay period ending dates May 31st, 2024, through June 14th, 2024.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates.

It also discloses any voided checks.
b) EXPENSE REPORTS showing the amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 16 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates May 31st, 2024, through June 14th, 2024.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file June 2024 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

June 2024 AP and PY Certification.pdf
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59 To: Honorable Mayor and Members of the City Council
From: Beatriz Jimenez, Assistant Finance Director
Subject: JULY 2024 WARRANTS AND CERTIFICATIONS
Date: August 21, 2024
Agenda Item: 10.C

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Review and accept the "Certification of Accounts Payable" for the accounts payable payment cycles for July 2024, starting check number 337494 and ending check number 337890.

2. Review and accept the "Certification of Salaries" for the pay period ending dates June 28th, 2024, through July 12th, 2024.

BACKGROUND:

This staff report certifies the separation of duties between the Preparer (Accounting and Payroll Specialist) and the Reviewer (Finance Director and Assistant Finance Director).

Presented in the attached documents:
a) CERTIFICATION OF ACCOUNTS PAYABLE CHECKS by check number range and dates.

It also discloses any voided checks.
b) EXPENSE REPORTS showing the amount and funds accounts payable came from.

The "Check Report" depicts the following columns:
c) AP-ACCOUNTS PAYABLE for the vendors (non-City staff) by the vendor number, vendor name, payment date, payment amount and check number (entitled 'number'). d) PY-PAYROLL for benefit payments, insurance, retirement, etc. Benefits payable on behalf of City staff.
e) Bank Code Summary by payment type.
f) Fund Summary by fund the accounts payables utilized. 60 CERTIFICATION OF SALARIES
This is the certification (separation of duties between "preparer" and the "reviewer") of salaries and benefits (payroll checks) by fund. It lists salary (payroll) issued checks by beginning and ending check number, payroll ending dates June 28th, 2024, through July 12th, 2024.

ANALYSIS:

See the attachments for expense breakdown by respective fund.

STRATEGIC PLAN:

None.

FISCAL IMPACTS:

None.

OPTIONS:

1. Receive and file July 2024 Certifications of Accounts Payable Checks and Certifications of Salaries.

ATTACHMENTS:

July 2024 AP and PY Certification.pdf
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91 To: Honorable Mayor and Members of the City Council
From: Greg Barnes, Parks and Recreation Director
Subject: KEMCORP CONSTRUCTION, INC CONSTRUCTION CONTRACT FOR

POLICE STATION AND SECURITY FENCE SITE IMPROVEMENTS
Date: August 21, 2024
Agenda Item: 10.D

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff Recommends that the City Council:

1. Authorize the City Manager to execute a contract with KemCorp Construction, Inc. for the Police Station and Security Fence Site Improvements in the amount of $235,000.00 in a form approved by the City Attorney.

BACKGROUND:

In 2018, the Measure T Committee made a recommendation to City Council to set aside $1.1 million dollars to put towards the construction of a new police station or improvements to the existing facility. In addition to the original recommendation, City Council has approved an additional $500,000 to go towards future station improvements.

Facility and campus security, most notably the parking lot, has been of concern for officers, police department staff, leadership, and other city staff that use the parking lot at City Hall.

This project will address those concerns.

At the February 21, 2024, City Council meeting, Council awarded contracts to Zuma Construction for Phase 1 of the Police Station interior remodel and to Quality Fence Company for installation of the perimeter security fencing.

This additional project addresses the civil work required to relocate the vehicle and pedestrian entry ways for the fence project, parking to meet ADA requirements, and the approach to the police station lobby area.

ANALYSIS:

The project was advertised in the Santa Paula Times and posted publicly. Bid documents were publicly opened and certified by the City Clerk on July 18, 2024, in the City Council Chambers. Two bids were received. The bid results are as follows:
92 KemCorp Construction Inc. $235,000
Toro Enterprises Inc. $393,000
Staff finds that the low bid submitted by KemCorp Construction Inc is an acceptable bid, is responsive, and meets the requirements of the bid documents. Bidding rules require that the City Council award the contract to the lowest responsive and responsible bidder or reject all bids.

STRATEGIC PLAN:

This item addresses City Council's two-year Strategic Plan, Section E, Public Safety & Emergency Preparedness, Objective #4, SPPD Facility Upgrades.

FISCAL IMPACTS:

This project is part of the City's Capital Improvement Program and will be funded by allocated Measure T funds (GL #104-5-9329-660).

OPTIONS:

City Council has the following alternative options to staff's recommendation:

1. Do not award the contract to KEMCORP Construction, Inc. If Council chooses not to award the contract, staff will be required to start the bid process over by advertising for bids, hold a public bid opening, and bring another contract before Council for consideration.

ATTACHMENTS:

EXHIBIT A - BID TALLY SHEET.pdf
EXHIBIT B - KEMCORP BID PACKET.pdf
EXHIBIT C - SAMPLE KEMCORP CONSTRUCTION INC AGREEMENT.pdf 93 EXHIBIT A

POLICE STATION SITE

IMPROVEMENTS PROJECT

CERTIFIED BID TALLY SHEET
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EXHIBIT B

KEMCORP CONSTRUCTION INC

BID PACKET
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109

EXHIBIT C

SAMPLE KEMCORP CONSTRUCTION INC

AGREEMENT
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65283.00001\33098275.1

CITY OF SANTA PAULA

SHORT FORM CONSTRUCTION CONTRACT

POLICE STATION SITE IMPROVEMENTS PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 21st day of August, 2024 by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California (“City”) and KemCorp Construction Inc, a Corporation with its principal place of business at 2060 E. Locust St., Unit G, Ontario, CA 91761, County of San Bernardino, State of California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Site Improvements related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Category B License.

2.3 Project. City desires to engage Contractor to render such services for the Police Station Site Improvements (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith all certifications as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred Thirty-Five Thousand Dollars ($235,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall 111
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be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor. 112
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3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 113
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3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or 114
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article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within sixty (60) calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the 115
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Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract. 116
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3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from 117
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progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, 118
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Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety 119
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of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from 120
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those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price 121
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remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
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(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor 123
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shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 124
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3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and 125
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harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and 126
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Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor 127
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or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
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3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer 129
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will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 130
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3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

3.20.1 City’s Representative. The City hereby designates the Parks & Recreation Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to 131
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22 SHORT FORM CONSTRUCTION CONTRACT
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

KEMCORP CONSTRUCTION INC
2060 E. LOCUST ST. UNIT G
ONTARIO, CA 91761
ATTN: JASON BOLLINGER, PRESIDENT
CITY:

CITY OF SANTA PAULA
970 VENTURA STREET
SANTA PAULA, CA 93060
ATTN: PARKS & RECREATION DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.20.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Ventura, State of California.
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3.20.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
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3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF SANTA PAULA
AND KEMCORP CONSTRUCTION INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SANTA PAULA
Approved:

By:

DAN SINGER
City Manager
ATTESTED:

By: _______________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:
______________________________
Monica Castilla
City Attorney
KEMCORP CONSTRUCTION INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
135
“EXHIBIT A

SCOPE OF WORK

DEMOLITION, AND NEW CONSTRUCTION OF THE CITY OF SANTA PAULA POLICE STATION SITE

IMPROVEMENTS

CITY OF SANTA PAULA POLICE STATION SITE IMPROVEMENTS PROJECT PROJECT LOCATION:
214 SOUTH 1OTH STREET, SANTA PAULA, CA 93060
The purpose of this scope of work is to obtain bids for the new construction of the City of Santa Paula Police Station site works including new Public Works right-of-way driveway aprons, curbs, sidewalks, and planters. Below are the line items that need cost estimates:

1. Demolition of existing items as follows:

1.01 Asphalt paving - remove asphalt paving at parking lot entry/exit on South Mill St., 12” width along South Mill St. at new curb area, existing ADA parking stall and entry kiosk pad at South 10th St. entrance (2,505 sq. ft.).

1.02 Concrete paving - remove driveway aprons on South Mill St., 29’ length portion of V-ditch at entry/exit on South Mill St., portion of paving adjacent to Community Development Building South 10th St. façade South corner (968 sq. ft.).

1.03 Concrete sidewalks– remove sidewalks at new driveway aprons on South Mill St. and existing ramp landing at South façade of Police Station (121 sq. ft.).

1.04 Concrete ramp – remove concrete ramp at Community Development Building rear entrance (102 sq. ft.). Existing concrete stairs, concrete stair landing and metal handrail at stair to remain.

1.05 Concrete curbs – remove curbs and footings at South Mill St. at new driveway apron locations and remove curb adjacent to flagpole location on South 10th St. up to future parking stall located along the North façade of the Police Station (108 lin. ft.).

1.06 Sawcut asphalt and concrete – for all electrical and security/IT conduit runs (172 lin. ft.).

1.07 Sawcut asphalt and for new planter areas/ADA parking area/future generator pad at North side of Police Station and at South 10th St. driveway entry parking area (101 sq. ft.).

1.08 Planters - Remove planting area on North side of Police Station and at new ADA parking stall on South 10th St. (390 sq. ft.).

1.09 Remove metal handrails for ramp only (both sides – one is attached to building façade) at Community Development Building rear entrance (48 lin. ft.).

2. Grading:

2.01 12-inch-thick removal and recompaction of sub-base at all areas of new construction, new driveway aprons, new ADA parking area at South 10th St., new parallel parking stall at North façade of Police Station, new man gate area adjacent to sliding gate at South 10th St. exit gate, new man gate area adjacent to sliding gate at South 10th St. entry gate, new man gate area at East Ventura St. entry/exit man gate, curbs, and planters (4,179 sq. ft.).

2.02 Fine Grading at all areas of new construction, new driveway aprons, new ADA parking area at South 10th St., new parallel parking stall at North façade of Police Station, new man gate area adjacent to sliding gate at South 10th St. exit gate, new man gate area adjacent to sliding gate at South 10th St. entry gate, new man gate area at East Ventura St. entry/exit man gate, curbs, and 136
planters (4,179 sq. ft.).

2.03 Trenching for all new conduits 2” dia. to electrical vaults (278 lin. ft.).

2.04 Trenching for all new conduits 1” dia. to all electrical connections (1,045 lin. ft.).

2.05 Trenching for all motion sensors (4 no. 242 lin. ft.).

3. Paving:

3.01 Install 6” thk. asphalt over 4” thk. CMB at new curb locations, fence posts at parking layout at South Mill St., fence posts at driveway entry/exits and man and 2 no. man gates for ADA compliance located at South 10th St. . Asphalt to be hot patched to existing area (417 sq. ft.).

3.02 Install 6” thk. asphalt patch over 4” thk. CMB at electrical conduit locations and sensor strips, hot patched to existing areas (355 sq. ft.).

3.03 Install 8” thk. concrete paving 3250 PSI over 6” thk. CMB and #4 rebar 12” o.c. ea. way at driveway aprons (2 no.) and driveway entry at South Mill St. entry/exit locations (1,008 sq. ft.).

3.04 Install 4” thk. concrete paving 3250 PSI over 6” thk. CMB and #3 rebar 12” o.c. ea. way at man gates (2 no. located at East Ventura St.) for ADA compliance (144 sq. ft.).

3.05 Install 4” thk. concrete sidewalk over 4” thk. CMB and #3 rebar 12” o.c. ea. way at South Mill St. new portion only, not including driveway apron (211 sq. ft.).

3.06 Install 6” width concrete curbs along South Mill St., South 10th St. new ADA parking area stall end only, and new planters (49 lin. ft.).

4. Drainage:

4.01 Provide and install 18-inch square catch basin, re-route flow via drainpipes to curb face (1 no.).

4.02 Provide 4-inch parkway drains at South Mill St. driveway entry per approved drawings (2 no.).

5. Bollards:

5.01 Provide 6” dia. concrete filled bollard at new planter area at Community Development Building – 3’ height minimum (1 no.).

6. Truncated domes

6.01 Provide and install truncated dome panels for ADA path of travel compliance (approved DSA/AC detectable warning products per CA Code of Regulation Title 24, Part 1, articles 2,3, &4, Refer to CCT Title 24, part 12, Chapter 12-11A and B) at proposed new path of travel ramp landing located at the Police Station existing ramp (South façade – 54 sq. ft.).

7. Fencing – fencing, fence post footings, kiosks, concrete kiosk pads, kiosk bollards, and motion sensor loops to be provided by others in a separate RFB and to be coordinated with Fencing Contractor.

8. Electrical – to be provided by others in a separate RFB and to be coordinated with Electrical Contractor.

9. Security Systems – exact security system to be installed by others and coordination with Security System provider required.

10. Other – refer to Exhibit #4 for all specifications

10.01 Paint directional arrows for parking lot flow (8 no.).

10.02 Paint/restripe parking stalls parking area and new ADA stall at South 10th St.

10.03 Provide and install new metal handrail connection at Community Development Rear Entrance steps to existing building.
137
Note: Landscape N.I.C. including removal of existing street tree (1 no.) located on South Mill Street and removal of existing eucalyptus trees (2 no.) located at the North façade of the Police Station.

Additional Info:

Project will be Prevailing Wage.

Refer to all approved plans.

Prior to contract commencement, contractor must provide a roster of staffing for the contractor, subcontractor and all vendors that will be on site. Background checks will be required for all contractors, subcontractors, and all vendors on the job site. SPPD to conduct the CLETS criminal background checks.

SPPD to provide visitor tags to all contractors, subcontractors and vendors shall be worn at all times. In the event the contractor, contractor staff, subcontractors or vendor is determined ineligible for working at this site, alternative staffing will be required.

Property Owner:

City of Santa Paula
Contact Info:

Project Manager
Christina Grina
(805) 671-9811
Robert William Company, LLC
917 Railroad Ave/P.O. Box 1025
Santa Paula, Ca 93060
[email protected]
Project Manager
Bill Lindsay
(805) 625-1144
Robert William Company, LLC
917 Railroad Ave/P.O. Box 1025
Santa Paula, Ca 93060
138
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Exhibit B - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “B”

PLANS AND SPECIFICATIONS
139

EXHIBIT B
140
141
142
143
144
145
146
147
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Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “C”

SPECIAL CONDITIONS
No special conditions.
148
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Exhibit D - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

KEMCORP CONSTRUCTION INC

JASON BOLLINGER, PRESIDENT
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
149
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Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 150
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Exhibit F - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
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Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Santa Paula (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, 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 agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
153
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Exhibit F - 4 SHORT FORM CONSTRUCTION CONTRACT
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
154
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Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
Notary 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 ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , 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.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
155
65283.00001\33098275.1
Exhibit G - 1 SHORT FORM CONSTRUCTION CONTRACT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Santa Paula (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining 156
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Exhibit G - 2 SHORT FORM CONSTRUCTION CONTRACT
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
157
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Exhibit G - 3 SHORT FORM CONSTRUCTION CONTRACT
Notary Acknowledgment
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attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , 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.

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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
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Signer is representing:

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158
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: MILL STREET WATERLINE REPLACEMENT PROJECT CONTRACT AWARD
Date: August 21, 2024
Agenda Item: 10.E

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Award a Construction Contract to Toro Enterprises, Inc. for the construction of the Mill Street Waterline Replacement Project in the amount of $1,158,415 and authorize the City Manager to execute the contract in a form approved by the City Attorney;

2. Authorize the City Manager or his designee to approve contract change orders to the Construction Contract as required and verified by staff in an amount not to cumulatively exceed $115,842 and an allowance of $115,842 for construction management, inspection, materials testing, and engineering support services for the Mill Street Waterline Replacement Project.

3. Approve budget adjustments as shown in Table 2 of the Staff Report for the Mill Street Waterline Replacement Project.

BACKGROUND:

The City provides water service to approximately 30,700 customers and 8,590 service connections from the City’s water distribution system. The 96 miles of pipe ranging in size from 2” to 24”. There are four pressure zones throughout the City and the water system consists of five groundwater wells, nine storage tanks serving four pressure zones, ten booster pump stations, two water treatment facilities, and 96 miles of water mains. Some of the oldest water mains still in use were installed in 1917; a large portion of the water system was installed in the 1920’s through the 1960’s.

Due to the age of the infrastructure, the waterline within Mill Street has shown signs of degradation due to various water main breaks and leaks that have occurred in that area. The improvements on Mill Street involve the installation of an 8-inch diameter potable water pipeline installation in a mostly new alignment (removal of the existing within areas of conflicts) and related connections to existing water mains and improvements, temporary water highline system, pavement removal, excavation, thrust blocks, precast concrete pressure reducing valve station and interior vault pipeline appurtenances, miscellaneous water improvements, pressure testing, flushing and disinfection, bacteriological testing, backfill and compaction, replacement trench paving, and other incidental and appurtenant work necessary for the 159
proper construction of the contemplated improvement, as indicated on the project plans, in the City of Santa Paula.

ANALYSIS:

The project was advertised for bid on Tuesday, June 25, 2024 and bids were opened on Thursday, July 25, 2024. Two (2) contractors submitted bids and ranged in price from $1,383,370 to $1,411,070.00 which are summarized below.

No. Contractor
Base Bid
Schedule A
Schedule B Schedule C Total

1. J & H Engineering
General Contractors,
Inc.
$851,220.00 $364,700.00 $167,450.00 $1,383,370.00

2. Toro Enterprises, Inc. $674,222.00 $484,193.00 $252,655.00 $1,411,070.00 Staff reviewed the received bids relative to bid specifications and required qualifications.

According to the specification, the basis of award is the lowest Base Bid Schedule A only.

Based on this review, staff finds that Toro Enterprises, Inc. submitted the lowest responsive and responsible Base Bid Schedule A of $674,222.00 and recommends City Council award the contract to Toro Enterprises, Inc. for Base Bid Schedule A AND Schedule B, totaling $1,158,415.00 pursuant to Santa Paula Municipal Code §§ 56.04(1)(3) and 56.08(D), with an allowance for a 10% construction contingency of $115,842 and an allowance for a 10% budget for construction management, inspection, materials testing, and engineering support services of $115,842, for a total project budget of $1,390,099.

The project was split into Schedules A through C in an effort to make informed decisions on how much pipeline to replace given the constraints of the overall Water Main Replacement project budget. Base Bid Schedule A included the most critical portion of the pipeline along Mill Street that spans from Mill Place to Loma Vista Place. Schedule B included the portion between Loma Vista Place to Terracina Drive. Schedule C included the least critical portion from Terracina Drive to the end of the cul de sac and was included in the bid specifications due to the proximity of the Mill Street water main replacement, however is not critical in nature at this time and due to budget constraints is being omitted from this award. Exhibit A depicts the location of each of these schedules.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

Funding for the project’s construction is provided in the FY 2023-2025 capital improvement budget, utilizing the proposed FY 2023-2024 Water Main Replacement budget. 160
Table 1: Available Funding Sources – Water Main Replacement Fund Source Account Number Budget Available
CIP 9108 – Water Main Replacement 620-5-9108-290 $50,050.00 CIP 9108 – Water Main Replacement 620-5-9108-660 $2,623,772.12 Total $2,673,822.12
Table 2: Budget Adjustments Needed
Fund Source Account No. Decrease Increase
CIP 9108 – Water Main
Replacement
620-5-9108-290 $91,057.00
CIP 9108 – Water Main
Replacement
620-5-9108-660 $91,057.00
Table 3: Updated Budget Allocations
Fund Source Account No. Description Total
CIP 9108 – Water Main
Replacement
620-5-9108-290 Professional Services $141,107.00
CIP 9108 – Water Main
Replacement
620-5-9108-660 Construction $2,532,715.12
Total $2,673,822.12
Table 4: Project Costs – Water Main Replacement
Fund Source Account No. Description Cost
Engineering / Construction
Management
620-5-9108-290 Professional
Services
$115,842.00
Construction 620-5-9108-660 Construction $1,158,415.00
Contingency 620-5-9108-660 Construction $115,842.00
Total $1,390,099.00
OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not award the Construction Contract to Toro Enterprises, Inc. for the Mill Street Waterline Replacement Project, and direct staff to re-bid the project. This action would significantly delay critical infrastructure repair and replacement.

ATTACHMENTS:

EXHIBIT A - Project Location Map.pdf
EXHIBIT B - Bid Results.pdf
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SCHEDULE A: MILL PL TO LOMA VISTA PL E S A N T A P A U L A S T

R I C H M O N D R D
N 1 0 T H S T

M O N T E V I S T A D R

O J A I R D
S R 1 5 0
S A N T A P A U L A C R E E K SCHEDULE B: LOMA VISTA PL TO TERRACINA DR SCHEDULE C: TERRACINA DR TO END OF CUL DE SAC MILL STREET WATERLINE REPLACEMENT CITY OF SANTA PAULA AUGUST 21, 2024 MILL STREET WATERLINE REPLACEMENT LOCATION MAP 1" = 500' - 1 in = ft 500 0 250 500 SHEET 1 OF 1 EXHIBIT A 162

EXHIBIT B
Bid Results
163
164
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: TELEGRAPH ROAD WIDENING PROJECT DESIGN AWARD
Date: August 21, 2024
Agenda Item: 10.F

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute an agreement with MNS Engineers, Inc. in an amount not to exceed $348,880.00 for professional design services for the Telegraph Road Widening Project;

2. Approve budget allocations as shown in Table 1 of the Staff Report for the Telegraph Road Widening Project.

BACKGROUND:

The Public Works Department has oversight over public streets, traffic signals, intersection controls, and related traffic safety and circulation City-wide. Population growth, development projects, and trends in traffic safety and technology require on-going innovation in the management of public right of way and related planning for capacity improvements. In addition, the City’s 2040 General Plan sets goals for improving traffic circulation and pedestrian safety, reducing greenhouse gases, and improving air quality. The eastern portion of the City has experienced rapid development in recent years, in a trend that is expected to continue. Development patterns along Telegraph Road are consistent with this trend, with multi-family housing and commercial projects currently proposed along this corridor. A comprehensive corridor design solution that addresses ultimate roadway, pedestrian, and bicycle improvements is desirable to address this important eastern gateway to the City.

Telegraph Road functions as a primary entrance corridor to the City from the east, connecting new development at East Area 1, as well as inbound traffic from Hallock and State Route 126, to central portions of the City. Despite current development trends and urbanization of eastern portions of the City, Telegraph Road remains a 2-lane road without formalized curb, gutter, sidewalk or drainage features. The City’s 2040 General Plan planned classification for Telegraph Road from Harvard/Main intersection to Hallock is a 4-lane boulevard. The implementation requirements for this section of Telegraph Road according to the General Plan include widening the street to 68 feet and striping it as a 4-lane roadway with a center left-turn lane and Class II bike lanes, as well as curb, gutter, sidewalk and drainage facilities. No parking is recommended along this stretch, as the primary focus is cyclist safety and priority.

Multiple development projects along or adjacent to Telegraph are either proposed or 165
underway, and projects abutting the road are required to complete localized widening along their respective road frontage. While the long-term vision contemplates this localized development to gradually and completely widen Telegraph to the General Plan geometry, the near-term conditions will result in piecemeal widening with incomplete vehicle, pedestrian and bicycle improvements. The proposed project will address complete roadway design with available development impact funds to ensure a design for safety, consistency and continuity for the Telegraph Road corridor in the near term, and guidance for future developer-driven construction in the long term.

This project would support the adopted 2040 General Plan Circulation Element and is an opportunity to advance the goals for improving traffic circulation and pedestrian safety, while providing a more aesthetically pleasing gateway entry into the City.

ANALYSIS:

The specific work for the design phase includes developing a separate set of plans, specifications, and estimates for the project. The consultant is tasked with the following:

1. Project management including progress meetings, schedule, communications, coordination, quality assurance and quality control, and monthly invoicing.

2. Data gathering including site visits, preliminary investigations, permitting requirements, geotechnical investigation, and survey.

3. Public engagement including preparing presentations for up to three public meetings to convey the overall design concepts and seeking feedback.

4. Schematic design, including three design iterations prior to the final design.

5. Design development for construction bid-ready plans, specifications, and estimates.

6. Final design drawings.

7. Bid phase assistance.

A request for proposals (RFP) was issued on May 28, 2024, and closed on July 11, 2024. Two consulting firms submitted proposals. City staff, including the Interim City Engineer and Interim Deputy City Engineer reviewed and evaluated the proposals. The criteria used to evaluate the proposals are consistent with the City’s procurement policies and include items such as the bidder’s experience and ability, technical capability and project methodology, responses to the request for proposal for completeness to the requirements, and references with demonstrated success with similar work to the scope of service. The review team determined that MNS was the most qualified consultant. MNS meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.
166
FISCAL IMPACTS:

Funding for the contract with MNS is provided in the FY 2023-2025 capital improvement budget of $300,000.00 Telegraph Road Widening Project (9384) budget. An additional allocation of $48,880.00 is needed utilizing existing fund balance of the Traffic Impact Fee Fund, as shown in Table 1.

Table 1: Budget Allocation Request for Roundabout Project (9385) Fund Source Account No. Available
Allocation
Request
Total
Traffic Impact
Fee Fund
229-5-9384-290 $300,000.00 $48,880.00 $348,880.00
OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not approve the agreement to MNS as recommended by staff. Doing so may not allow the Telegraph Road Widening Project to advance in a timely manner.

ATTACHMENTS:

Attachment 1 - MNS Engineers Agreement.pdf
167
ATTACHMENT 1
MNS Engineers Agreement
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-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA
AND MNS ENGINEERS, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of August 2024, by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and MNS Engineers, Inc., a California Corporation with its principal place of business at 201 N. Calle Cesar Chavez Suite 300, Santa Barbara, CA 93103 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing quality infrastructure consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Telegraph Road Widening project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional quality infrastructure consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 21, 2024 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Forty Eight Thousand Eight Hundred Eighty Dollars and no cents ($348,880.00) without written approval of the City Council or City Manager, as applicable.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City and included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a reasonably prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that 170
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it has the professional and technical personnel required to perform the Services expeditiously.

Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Brandon Reyes, Vice President - Transportation.

3.3.5 City's Representative. The City hereby designates Clete Saunier, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Brandon Reyes, Vice President - Transportation, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply 171
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with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 172
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All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.
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3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement that fall within the areas of disciplines that Consultant is in, provided that such coverage is commercially available and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with 174
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regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
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3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least ten (10) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, 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.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Consultant, City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or 176
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by virtue of this Agreement. Notwithstanding the foregoing, Consultant’s officials, officers, employees, agents, or volunteers may be held personally liable if so determined by a court of competent jurisdiction.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 177
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant agrees to defend (with 178
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counsel of City’s reasonable approval), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident in whole or in part, to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must 179
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include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: MNS Engineers, Inc.
201 N. Calle Cesar Chavez Suite 300
Santa Barbara, CA 93103
ATTN: Brandon Reyes, Vice President - Transportation
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Clete Saunier, Public Works Director
Such notice shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named above; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named above; (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier; or (iv) on the date and time of delivery shown in the records of the transmitting party after transmission by facsimile machine or email to the recipient named above.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. With the exception of Consultant’s pre-existing concepts, materials, data and standard details (pre-existing Intellectual Property), This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").

Except for Consultant’s pre-existing Intellectual Property, all Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data 180
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following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, 181
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in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except 182
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND
MNS ENGINEERS, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF SANTA PAULA MNS ENGINEERS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dan Singer
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

Julie Latshaw
City Clerk
185
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Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
186
July 11, 2024
Professional Engineering
Services for the Telegraph
Road Widening Project

PROPOSAL TO PROVIDE

CITY OF

SANTA PAULA
CISTP.230349
100 E. Thousand Oaks Blvd., Suite 105 | Thousand Oaks, CA 91360 | 805.692.6921 Office | mnsengineers.com 187 THIS PAGE INTENTIONALLY BLANK 188
> PLANNING > ENGINEERING > CONSTRUCTION MANAGEMENT > LAND SURVEYING RE: Proposal to Provide Professional Engineering Services for the Telegraph Road Widening Project
Dear Ms. Arnaout:

MNS Engineers, Inc., (MNS) appreciates the opportunity to submit this proposal to provide professional Engineering Services for the Telegraph Road Widening Project (Project) for the City of Santa Paula (City).

Since 1962, MNS has provided quality infrastructure consulting services to the transportation, water resources, and government markets throughout California. We specialize in the core services of engineering, construction management, planning, and land surveying. MNS has served numerous public agencies with road widening and road improvement projects. MNS is pleased to present our qualified team to provide these key advantages:

Our Team's Core Benefits
Professional and Qualified Team
Leading the MNS team is Michael Ip, PE, QSD, Project Manager, with over 30 years of experience specializing in the design and management of transportation improvement projects. A seasoned, award-winning Principal Engineer, Michael is a natural leader known for completing projects—including fast-paced ones—on time and on budget.

Michael has served as Project Manager for past roadway widening projects.

Our specialty subconsultants, whom we have worked with on similar projects, include Pacific Coast Land Design, Inc. (PCLD) for landscape architecture, and Earth Mechanics, Inc. (EMI) for geotechnical services.

Similar Project Experience
The MNS team has provided engineering and design services for many road widening and improvement projects including:
• Conejo School Road and Willow Lane Sidewalk and Bike Lanes Project, City of Thousand Oaks
• Dockweiler Drive Extension, City of Santa Clarita
• Muscoy Pedestrian Improvements, County of San Bernardino • Mulholland Highway Safety Improvements, City of Calabasas City of Santa Paula, City Clerk's Office
Attention: Tatiana Arnaout, PE
970 E. Ventura Street
Santa Paula, CA 93060
July 11, 2024
MNS

DETAILS
Legal Name
MNS Engineers, Inc.

Firm Ownership Type
C-Corporation
Year Firm Established
1962
California Department of
Industrial Relations (DIR)
No. 1000003564
Corporate Office
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office
www.mnsengineers.com
Thousand Oaks Office
100 E Thousand Oaks Boulevard
Suite 105
Thousand Oaks, CA 91360
805.692.6921 Corporate Dispatch
Project Contact
Michael Ip, PE, QSD
Project Manager
805.391.0415 Mobile
[email protected]
Authorized Signature
Brandon Reyes, PE
Vice President
951.532.4510 Mobile
[email protected]
189
CL.4 COVER LETTER
In Summary
In summary, MNS is confident our uniquely experienced and qualified team will provide quality services, ensuring a successful project delivery to meet the City's expectations and goals. We look forward to working with the City.

Please Michael Ip, PE, QSD, at 805.391.0415 or [email protected] with any questions you may have about our submittal. Thank you for your consideration.

Sincerely,
MNS Engineers, Inc.

Brandon Reyes, PE
Vice President
190

RFP FORM

CITY OF SANTA PAULA

REQUEST FOR PROPOSAL

TO PROVIDE SERVICES

PROPOSALS ARE DUE: Not later than 3:00 P.M. Thursday, July 11th, 2024, at the City Clerk’s office at 970 E. Ventura Street, Santa Paula, CA 93060.

The City of Santa Paula (City) is requesting proposals from qualified companies to provide professional engineering services for the Telegraph Road Widening Project.

The Request for Proposal (RFP) is enclosed. The RFP provides an introduction, schedule, City background, scope of services, deliverables, proposal requirements, insurance requirements, and evaluation criteria among other information.

The successful company shall execute a Professional Services Agreement with the City to perform the services.

One (1) original, two (2) hard copies, and one searchable pdf file less than 10mb in size on USB drive of the proposal shall be submitted to the following address:

City of Santa Paula
City Clerk’s Office
970 E. Ventura Street
Santa Paula, CA 93060
Proposal shall include a copy of this form and be signed by the company’s authorized representative.

I have read, understood, and agree to the terms and conditions on all pages of the RFP.

The undersigned agrees to furnish the services stipulated in this RFP.

Company Address
Name (Print) Signature
Company Phone No. Title
MNS Engineers, Inc.
100 E. Thousand Oaks Boulevard, Suite 105
Thousand Oaks, CA 91360
Brandon Reyes, PE
805.692.6921 Vice President
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CONTENTS
Section 1. Executive Summary 1
Section 2. Company Profile and Experience 3
Section 3. Staffing Plan 9
Section 4. Existing and Past Financial Relationships 13 Section 5. Why Select the MNS Team 15
Section 6. Scope of Work 17
Appendix A. Resumes A-1
Appendix B. Agreement Exceptions B-1
0 Contents
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SECTION 1. EXECUTIVE SUMMARY 1
Firm Qualifications
About MNS Engineers, Inc.

MNS Engineers, Inc. (MNS)
Firm Type C-Corporation incorporated in CA
Year
Founded
1962
Point of
Contact
Michael Ip, PE, QSD, Project Manager
805.391.0415 Mobile | [email protected]
Corporate
Office
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
www.mnsengineers.com
Local Office
100 E Thousand Oaks Boulevard, Suite 105
Thousand Oaks, CA 91360
805.692.6921 Office/Fax
As a local, California mid-size business, MNS offers a
proven depth of resources and services that allows us to deliver superior quality and service. Established in 1962, MNS provides quality infrastructure consulting services to the transportation, water resources, and government
service markets throughout California. Specializing in
the core services of engineering, planning, construction management, and land surveying, MNS' reputation
has been built on clear and direct communication and
quality services. From concept inception through project completion, we support our clients every step of the way.

Street Improvement Design
MNS has an extensive history of successful street
improvement projects, including intersection
improvements, roadway extensions, traffic signal
installation and/or modifications, enhanced traffic
safety measures and treatments, bike and pedestrian
facilities, pavement rehabilitation, storm drain and
stormwater treatment improvements, water and
sewer improvements and utility relocation. As part
of these projects, pedestrian facilities such as curb
ramps, sidewalks and driveways were evaluated and
reconstructed to meet the American with Disabilities Act (ADA) Standards.

Our engineering and technical teams stay current with
material and construction method developments as well
as public agency specification and code requirements.

We offer in-depth project experience and a high level of engineering design skill. We cover design services for all project phases:
• Preliminary engineering studies
• Preparation of contract documents—plans,
specifications, and estimates (PS&Es)
• Plan check and peer review
• Coordination with project stakeholders and utilities
• Pre-bid and bid phase assistance
• Permitting with counties, cities, Caltrans, and other regulatory agencies
• Environmental regulations and permitting
Section 1. Executive Summary 1
195
2 SECTION 1. EXECUTIVE SUMMARY
• Requirements for funding from federal, state, and local resources
• Cost estimating
Project Understanding
The City of Santa Paula is seeking an experienced
consulting firm to prepare design drawings,
specifications, and bid documents for the Telegraph
Road Widening project. The project will improve
vehicular and pedestrian safety and circulation for the east end of the City. We understand the firm will provide design and bid support services only.
196
SECTION 2. COMPANY PROFILE AND EXPERIENCE 3
2 Section 2. Company Profile and Experience
Company Profile
Established in 1962, MNS Engineers, Inc. (MNS) provides quality infrastructure consulting services to the
transportation, water resources, and government service markets throughout California. Specializing in the core services of engineering, construction management,
planning, and land surveying, MNS' reputation has been
built on clear and direct communication and quality
services. We understand the technical, environmental,
and regulatory aspects required for this project. We are experienced and knowledgeable with utility and multiagency coordination.

Firm Background
MNS is the result of the 1980 merger of Martin and
Northart, Inc., US Grant & Sons, Inc., and Spencer
Engineering, Inc. Merging these well-established
Santa Barbara engineering firms created a diversified
professional service corporation with unique capabilities to serve public and private clients. Headquartered in
Santa Barbara, California, MNS has additional branch
offices in Thousand Oaks, Antioch, Buellton, Oakland, San Bernardino, San Jose, San Luis Obispo, and Riverside.

Subconsultant Profiles
MNS has supplemented our in-house expertise with the
addition of the following highly qualified consultants.

Pacific Coast Land Design (PCLD)
PCLD is an award-winning full-service landscape
architecture firm that has been serving regional
municipalities since the firm’s inception in 1983. PCLD is experienced in working with many regional jurisdictions, creating client-specific strategies by combining a varied knowledge base, keen sense of place, and existing
relationships. PCLD’s clients have included:
• City of Santa Paula (PH 1 SPBL Trail, current City OnCall), Ventura County Transportation Commission (grant services, ATP 6, and SCAG/REAP 2.0)
• City of Ventura Public Works/Transportation (design/
implementation, grants, and project facilitation for
various trails including Caltrans CCLGP and ATP 6)
• City of Oxnard Public Works (project design and
implementation for an urban greening multimodal
alley improvements project)
• City of Santa Clarita (design/implementation services for downtown corridors, community gateways, and
vehicular corridors).

Most recently, PCLD has supported the Santa Paula
Unified School District in the CALFIRE "Green Schoolyards" Grant Program in application assistance for a $10M
award across three school campuses and are leaded
the subsequent design and construction process..

Earth Mechanics, Inc. (EMI)
EMI is a geotechnical engineering consulting company
founded as a California Corporation in February
1989. The firm specializes in major geotechnical
site investigations and testing, seismic hazard and
earthquake retrofit evaluations, and foundation design
for projects related to transportation infrastructure. EMI has planned, coordinated and conducted geotechnical
field investigations for numerous local, regional and
state funded projects that included pavement condition
survey and pavement rehabilitation, and design and
construction recommendations for rigid and flexible
pavement sections. EMI has provided geotechnical
design services for structural pavement design following the procedures outlined in the California Highway Design Manual including the Caltrans online flexible pavement
design software; CalFP and CalME. EMI has also provided design recommendations for locally funded projects
using local pavement design methodology, plans
and specifications. EMI is familiar with material and
construction specifications provided in both Caltrans
Standard Specification and the Greenbook.

EMI has provided geotechnical services on active
transportation projects such as the OC Loop O, P, &
Q – Coyote Creek Channel Bikeway in Orange and Los
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4 SECTION 2. COMPANY PROFILE AND EXPERIENCE
Angeles Counties; the Santa Ana River Bikeway and Trail in Orange, Riverside, and San Bernardino Counties; the
Pacific Avenue Pedestrian and Bicycle Improvements
Project in Jurupa Valley; the Bayshore Bikeway in San
Diego; and, as a subconsultant to MNS, the Las Flores
Creek Pedestrian Bridge in Malibu.

With a staff of 38, EMI has offices located throughout
California. The headquarters is in Fountain Valley,
California in Orange County. Other offices are in
Corona, San Marcos, Hayward, and San Bernardino.

For this contract, work will be done from the Fountain
Valley office, which has a Caltrans-certified soil testing laboratory and rock laboratory.

MNS Project Experience
MNS is well versed in preparing design drawings,
specifications, and bid documents for projects similar
in nature to the Telegraph Road Widening Project. The
following projects highlight our relevant experience.

Conejo School Road and Willow Lane
Sidewalk and Bike Lanes Project
Client City of Thousand Oaks
Reference
Contact
Mike Tohidian, Senior Engineer
805.449.2444 | [email protected]
Dates 2017–2022
2022 Ventura County APWA Project of the Year
This $4.7M project designed approximately 1.1 miles of
pedestrian and Class II bicycle lane facilities on Conejo School Road and Willow Lane between Hillcrest Drive
and Hampshire Road. Services included preliminary
and final design, environmental document, public
outreach, and right-of-way (R/W) property easements
for roadway widening, retaining walls, driveway
reconstruction, sidewalk and sidewalk infill construction, bicycle and traffic lane striping and markings, curb ramp construction and reconstruction, pedestrian signals,
landscaping, pavement rehabilitation, water facility
upgrades, storm drain improvements, and stormwater
treatment facilities (infiltration trench and bioswales).

A Caltrans Encroachment Permit was obtained for
design and construction activities as the Conejo School Road travels under the US 101. Minimizing the impact
on private property owners when obtaining permanent
and temporary construction easements was critical
since coordination and acquisition of easements drove
the project schedule. Due to the Active Transportation
Program (ATP) and Congestion Mitigation and Air Quality (CMAQ) funding for the project, all R/W acquisition
followed federal guidelines.

Dockweiler Drive Extension
Client City of Santa Clarita
Reference
Contact
Carla Callahan, Senior Engineer
661.286.4130
[email protected]
Dates 2019—current
This $30M Secondary Arterial—Dockweiler Drive from
Sierra Highway to Railroad Avenue—will provide an
important north-south connection for the City, a new
entrance to the Master’s University, and a secondary
emergency access point for the Placerita Canyon
community. The roadway extension and widening will go
through an existing railroad crossing, business district, hilly terrain, and the Master’s University property.

MNS provides preliminary and final design engineering
services. Preliminary engineering services include
traffic modeling, roundabout analysis and simulation,
renderings, intersection, and roadway and bikeway
alternatives. Final engineering services include roadway, bike lanes, bike path, shared-use path bike bridge
over Newhall Creek and roundabout design, traffic
calming, at-grade railroad crossing and Metro/SCRRA/
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SECTION 2. COMPANY PROFILE AND EXPERIENCE 5
PUC permitting, traffic signals, bus stops, street lighting, landscaping, 0.5 mile of new storm drain system and
stormwater treatment (including detention basins,
infiltration trenches, and bioretention areas), Los
Angeles County Flood Control District and Los Angeles
County Department of Public Works permitting, mass
grading, environmental permitting, and extensive public outreach.

Muscoy Area Pedestrian Improvements
Client County of San Bernardino
Reference
Contact
Thomas Bustamonte, Supervising Engineer
909.387.7922
[email protected]
Dates 2021—current
The projects will improve pedestrian routes around
Muscoy Elementary School and Vermont Elementary
School in the Muscoy Area (approximately 1.4 miles of
roadway widening). The project was selected because
Muscoy Elementary School and Vermont Elementary
School are listed as priority projects in the San
Bernardino County Safe Routes to School Master Plan.

Improvements will include sidewalk around both
schools, curb and gutter, driveway approaches,
roadway widening, retaining walls, utility relocation,
and pedestrian traffic facilities such as high visibility crosswalks, new or replacement of existing curb ramps,
signs, and rectangular rapid flashing beacons (RRFB).

With State funding, the project will require approval
from the Division of the State Architect and require
temporary and permanent easements from over 80
property owners. MNS is designing the pedestrian
improvements. The County will handle the field survey,
base map preparation, geotechnical investigation, and
environmental clearance for this project.

Mulholland Highway Improvements
Client City of Calabasas
Reference
Contact
Tatiana Holden, Deputy Public Works
Director
818.224.1674
[email protected]
Dates 2021—current
The City of Calabasas proposes to construct roadway
and safety improvement on Mulholland Highway,
between Old Topanga Canyon Road (East) and the
southern City limit approximately 2.7 miles in length.

Mulholland Highway is the primary north-south road
in the southwestern portion of the City, connecting
unincorporated Los Angeles County in the south end and
the City of Los Angeles on the north end. MH is a scenic road and a designated emergency route. It is primarily
a two-lane road with left turn lanes at the approaches
to intersections. The project includes intersection
improvements at Old Topanga Canyon Road West, Old
Topanga Canyon Road East and Longview Point School
driveways. The corridor has many hillsides which slough off into the highway during storm events. The project will look to stabilize the slopes and provide erosion control measures.

MNS will review and develop a new horizontal alignment
for Mulholland Highway to increase the highway shoulder while minimizing grading, retaining structures and the
impacts to mature trees, utilities and Dry Canyon Creek.

Intersection improvements were developed to increase
the vehicle capacity adjacent Calabasas High School
and Longview Point School. The project will include
soil nail walls and Tecco Netting along the corridor to stabilize slopes, serve as permanent erosion control
and blend into the rural environment. Storm drain and
stormwater treatment facilities will be designed between Old Topanga Canyon Road West and East to prevent
stormwater from the hillside to cross over Mulholland
199
6 SECTION 2. COMPANY PROFILE AND EXPERIENCE
Highway. Sidewalks will be designed in this area as well as a new traffic signal at the Old Topanga Canyon Road
West intersection and a traffic signal modification at
the Old Topanga Canyon Road East. The project also will upgrade the parking lot at Wild Walnut Park.

MNS provides preliminary design engineering
and survey, and assisted the City in their public
outreach which included renderings and PowerPoint
presentations.

PCLD Project Experience
Santa Paula Branch Line "Rails with Trails" Grant
Client City of Ventura
Reference
Contact
Jeff Hereford, Principal Transportation
Engineer, Public Works Department
805.654.7744
[email protected]
Dates 2005—2012
PCLD was lead design consultant for the two-mile,
in town portion of the Santa Paula Branch Line Trail
that makes use of the VCTC managed rail corridor.

Community engagement, facilitated by PCLD, was key
for the state funded project in identifying important
connections, amenities that would serve resident
access through town, but also in identifying cultural
and historical resources to be showcased. The resulting trail and series of linked gathering spaces allow users to engage with the City’s history and culture through
public art pieces such as the Farmworker Memorial,
the St. Francis Dam monument, downtown murals, and
interpretive signage along the trail route. Mill Plaza, located where the trail meets the Ventura County
Agricultural museum, is a vibrant outdoor gathering
place that reflects Santa Paula’s unique oil, railroad, and agricultural heritage. Wayfinding and interpretive
signs mounted on rail themed support structures unify
these elements into an attraction for the community
and visitors to the City. A planted creek bed features
Sycamore shaded boulder seating and misters that
will cool plaza users and summer bikers. A rustic
bridge leads visitors from the permeable parking lot to the renovated Mill Building that houses the museum.

The plaza serves as the outdoor event space for the
museum; often hosting live music and dining events.

Dockweiler Drive Extension
Client City of Santa Clarita
Reference
Contact
Carla Callahan, Senior Engineer
661.286.4130
[email protected]
Dates 2019—current
This $30M Secondary Arterial—Dockweiler Drive from
Sierra Highway to Railroad Avenue—will provide an
important north-south connection for the City, a new
entrance to the Master’s University, and a secondary
emergency access point for the Placerita Canyon
community. The roadway extension and widening will go
through an existing railroad crossing, business district, hilly terrain, and the Master’s University property.

As a subconsultant to MNS, PCLD provided a preliminary
landscaping and irrigation plan, prepared and
submitted an Oak Tree Report, and prepared roadway
corridor renderings.
200
SECTION 2. COMPANY PROFILE AND EXPERIENCE 7
La Colonia Green Alleys
Client City of Oxnard
Reference
Contact
Tatiana Arnaout, Principal Engineer
City of Santa Paula (previously City of
Oxnard City Engineer)
818.918.8894 | [email protected]
Dates 2018—2022
As a result of a city-wide "green alley" master planning process, alleys in Oxnard’s La Colonia neighborhood
were chosen as the pilot project to convert vehicular
alley spaces into safe pedestrian and cycling zones.

The project is funded by the State of California
Natural Resources Agency’s Urban Greening Program
(Senate Bill 859) that seeks to decrease greenhouse
gas emissions and biomass through reinvestment in
disadvantaged communities. The project scope called
to connect residents to existing community resources
and city services in downtown Oxnard through the
implementation of two, five block long in-alley "bike
boulevards."
In 2018, PCLD was hired to lead a team of designers
including civil engineers, traffic engineers, water quality, and lighting specialists for design development through the completion of construction documentation of this
project. Extensive community outreach including several "Workshop in a Box" events were held in La Colonia.

The primary design intervention will convert portions
of the alleys to one-way traffic, freeing up extra space for design interventions such as protected pedestrian
lanes in the alleys and traffic-calming midblock bulbout crosswalks that increase connectivity, safety, and also facilitate stormwater treatment. Additional
improvements include rapidly flashing beacons at
busier vehicular midblock crossings, new light fixtures, and the planting of 40 new street trees and hundreds
of shrubs throughout the project. Lastly, PCLD identified an opportunity to permanently close the alley outside of the historic La Colonia Boxing Gym that will create a new community space for kids and families from the local
vicinity to enjoy. This space will include ground games, a new sports court, murals, and shaded places for people
to sit and gather.

EMI Project Experience
OC Loop O, P, Q Coyote Creek Channel
Client Orange County Public Works
Reference
Contact
Brad Fowler, Public Works Project Manager
714.245.4503
[email protected]
Dates 2022—current
The project included 2.7-mile new bikeway along the
Coyote Creek Channel, closing the gap between the
Coyote Creek Channel in Cerritos to La Mirada Boulevard in Buena Park. The project improvements included a
single-span bridge over Coyote Creek, 30-span bridge
over UPRR, 20-span bridge over BNSF, ground anchor
wall, soldier/secant pile walls, MSE walls, tub wall, RCB culvert, BNSF underpass, standard retaining walls,
and new pavement structural sections. EMI prepared
a Preliminary Foundation Report for Type Selection,
conducted a geotechnical field investigation, provided
earth pressure recommendations for retaining walls,
provided recommendations for bridges and wall
foundations, provided recommendations for pavement
structural sections in expansive soils, and prepared
Foundation Reports and Geotechnical Report.
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8 SECTION 2. COMPANY PROFILE AND EXPERIENCE
Las Flores Creek Pedestrian Bridge
Client City of Malibu
Reference
Contact
Shawn Kowalewski, MNS Project Manager
805.456.3540
[email protected]
Dates 2012—2014
The site is located approximately 3.54 miles east of
Malibu City Hall on the north side of Pacific Coast
Highway (PCH). The bridge crosses over Las Flores
Canyon Creek and is located between Rambla Pacifico
Road and Las Flores Canyon Road, approximately 450
feet north of PCH. The Las Flores Creek Pedestrian Bridge will connect the visitor parking area on Rambla Pacifico Road to the previously constructed park amenities on
Las Flores Canyon Road. The bridge provides access
accommodations in compliance with the ADA.

EMI conducted a field investigation with general geology and subsurface conditions, a seismic evaluation, an
abutment stability evaluation, and a corrosion study.

EMI prepared a Foundation Report summarizing
the findings and providing design and construction
recommendations for the bridge foundation. EMI also
provided construction support services.

Beach Improvement Group (B.I.G.) Project
California Incline Viaduct, Pier Bridge & Idaho Avenue
Pedestrian Overcrossing
Client City of Santa Monica
Reference
Contact
Zach Pollard, Principal Civil Engineer
310.458.8726
[email protected]
Dates 2014—2018
EMI provided geotechnical input to support preparation
of an EIR and provided geotechnical services during
design and construction of the Beach Improvement
Group (B.I.G.) for the City of Santa Monica. The federal portion of the project included the replacement of the
California Incline Viaduct, evaluation of the feasibility of widening/retrofitting the Pier Bridge and replacement
of the Idaho Avenue Pedestrian Overcrossing the
California Incline. For all three phases of the project, EMI performed field geotechnical explorations, laboratory
soil testing, seismicity and geotechnical evaluations,
and preparation of a technical memorandum. EMI also
provided geotechnical design and construction services
for the non-federal portion of the project, which included the Beacon Overlook platform, rest rooms, and a sign
structure. EMI provided geotechnical and foundation
recommendations during design, reviewed construction
plans, and provided geotechnical services during
construction.

This was a fast-track design project since the City
wanted to use the same contractor working on a nearby
project to minimize the traffic impacts. As a result of EMI’s experience in providing foundation design for
pedestrian bridge projects, the project was completed
in a very short time frame. Also, no claim request was
received by the City from the contractor regarding
geotechnical conditions/design.
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SECTION 3. STAFFING PLAN 9
3 Section 3. Staffing Plan
Professional and Qualified Team
The key to a successful project is a highly qualified and well-managed team. We offer the City a cohesive, talented team of licensed and certified professionals and support staff. We work with the following key objectives in mind— quality service and project deliverables, time and budget efficiency, adherence to quality assurance standards, constant communication, and application of technical and practical expertise. This section summarizes proposed key staff experience and qualifications. Resumes are provided in Appendix A.

PROJECT TEAM
Project Engineers
Sam Potts, PE, QSD/QSP
Robert Wilcox, EIT
Principal Surveyor
Shane Sobecki, PLS

CITY OF SANTA PAULA
Landscape Architect
Mike Zielsdorf, PLA
Breanne Dunn, ASLA
Geotechnical Services
Alahesh Thurairajah, PE, GE,
BC. GE
Principal-in-Charge
Brandon Reyes, PE

MNS ENGINEERS
Project Manager
Michael Ip, PE, QSD
Legend
MNS
PCLD
EMI
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SECTION 3. STAFFING PLAN 11

PROJECT TEAM QUALIFICATIONS

NAME/ROLE FIRM EDUCATION/CERTIFICATIONS YRS
EXP
Brandon Reyes, PE
Principal-in-Charge MNS • Professional Civil Engineer, CA No. 79226 • BS, Civil Engineering, Cal Poly Pomona, CA 16
Michael Ip, PE, QSD
Project Manager MNS
• Professional Civil Engineer, CA No. 43671
• MS, Construction Management, University of California, Berkeley, CA • BS, Civil Engineering, University of California, Irvine, CA 30 Sam Potts, PE, QSD/QSP
Project Engineer MNS
• Professional Civil Engineer, CA No. 92519
• Qualified SWPPP Developer and Provider, CA No. 27824
• BS, Civil Engineering, California State University, Northridge, CA 9 Robert Wilcox, EIT
Project Engineer MNS • Engineer-in-Training, CA No. 154064 • BS, Civil Engineering, California State University, Northridge, CA 9 Shane Sobecki, PLS
Principal Surveyor MNS
• Professional Land Surveyor, CA No. 9041
• BS, Civil Engineering, California State University, Chico, CA • Engineer-in-Training, CA No. 141294
21 Mike Zielsdorf, PLA
Landscape Architect PCLD • Licensed Landscape Architect, California No. 6044 • BLA, California Polytechnic University, San Luis Obispo, CA 20 Breanne Dunn, ASLA
Landscape Architect PCLD
• American Society of Landscape Architects (ASLA)
• Bachelor of Landscape Architecture, California Polytechnic University, San Luis Obispo, CA
7 Alahesh Thurairajah, PE,
GE, BC. GE
Geotechnical Engineer
EMI
• Geotechnical Engineering, CA No. 3123
• Professional Civil Engineer, CA No. 81439
• Board-Certified Geotechnical Engineer, Certificate No. 01457, ASCE • MS, Civil Engineering, University of California, Los Angeles • BS, Magna Cum Laude, Civil Engineering, California State Polytechnic University, Pomona, CA
15 205
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SECTION 4. EXISTING AND PAST FINANCIAL RELATIONSHIPS 13 4 Section 4. Existing and Past Financial Relationships
MNS has no existing or past financial relationships including agreements between MNS and our proposed subconsultants, with current Members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past and present.
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SECTION 5. WHY SELECT THE MNS TEAM 15
5 Section 5. Why Select the MNS Team
Value of Selecting MNS
The value of our firm's services lies within our complete alignment with the City's goals. We strive for time and budget efficiency, as well as continual progress by
anticipating both common and unique project issues
with the ability to resolve them efficiently. As a result, the City will receive much more than just our high-quality
services:

Street and Bikeway Design Experience. Our engineering
team is highly experienced in this field. The MNS team
is well versed in the City of Santa Paula Standard Plans, AASHTO – Policy of Geometric Design of Highway and
Streets, Caltrans Highway Design Manual, California
Manual on Uniform Traffic Control Devices (MUTCD),
“Greenbook” Standard Plans and Specifications for
Public Works Construction (American Public Works
Association), 2010 ADA Standards, United States Access
Board – Public R/W Accessibility Guidelines (PROWAG),
Caltrans Design Information Bulletins 82-06 – Pedestrian Accessibility and Class IV Bikeway Guidance, and NACTO
Urban Bikeway Design Guide.

Stormwater Treatment and Flood Control Design
Experience. Our engineering team has extensive
experienced in Ventura County, stormwater treatment,
and flood control facility requirements. Standards
include City of Santa Paula Standard Plans, County of
Ventura Hydrology Manual, VCWPD Design Manual,
Ventura County Technical Guidance Manual for
Stormwater Quality Control Measures, and Waste
Discharge Requirements and National Pollutant
Discharge Elimination System (NPDES) Permit for
Municipal Separate Storm Sewer System (MS4)
Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties.

Qualified Responsive Team and Expertise in Key Project
Areas. MNS is known for our responsiveness as well as
our technical and practical expertise. The proposed
team members have worked together on various
projects of similar scope. Each individual provides
valuable skills which strengthen and enhance the team
as a whole.

Cost-Effective and Timely Approach. At MNS, our
goal is the same as the City's goal—to complete
project objectives within the City's budget and
schedule. To achieve this shared goal, we will use our
expertise to maintain continuity of the project through communication and complete understanding of the
project's progress, while simultaneously determining
best practices needed to meet and/or exceed the City's
budget and schedule expectations.

Team Readily Available. Our proposed team is readily
available to support the City's project needs in a prompt and timely manner. Professional and responsible, we
understand the response time and availability are
important facets to succeed in this project.
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16 SECTION 5. WHY SELECT THE MNS TEAM 210
SECTION 6. SCOPE OF WORK 17
6 Section 6. Scope of Work
Project Understanding
Project Background
The City proposes to widen Telegraph Road from the
Santa Paula Creek bridge to Hallock Drive to improve
both vehicular and pedestrian safety and circulation
for the east end of town. Telegraph Road is a primary
roadway to the City from the east. Telegraph Road
connects new Limoneira Development at East Area 1 and
traffic from Hallock Drive and State Route (SR) 126 to the center of the City.

Within the project limits, Telegraph Road is a 2-lane
road without curb, gutter, sidewalk or drainage features except at the approaches to the Santa Paula Creek
bridge and Hallock Drive. The City’s 2040 General Plan
planned classification for Telegraph Road from Harvard/ Main intersection to Hallock is a 4-lane boulevard.

The implementation requirements for this section of
Telegraph Road include widening the street to 68 feet
with 4 roadway lanes, a center left-turn lane, buffered Class II bike lanes, curb and gutter, sidewalk and
drainage facilities. No street parking will be allowed to provide bicyclist safety and priority.

West of Santa Paula Creek, Telegraph Road diverges to
Main Street and Harvard Boulevard. As another project,
the City proposes to construct a roundabout at this Y
intersection.

Developments
18114 East Telegraph Road
Santa Paula East, LLC (Parkstone/McGrath): Groceryanchored shopping center with drive-through pads and retail uses; 120,000 square feet (approximate) total
Commercial Project under Review
18004 East Telegraph Road
Citrus Flats by Red Tail Multifamily Land Development/
Affordable Housing: New 298-unit apartment complex
on existing vacant parcel; 166 affordable units with
unique amenities; 132 market-rate units with unique
amenities; 11.34 acres total
Residential Project in Construction
Harvest at Limoneira
Residential Development with 2,050 units total; 1,750
single-family units proposed; 300 apartments (150
duplexes) proposed; 225 acres of parks and open space;
36-acre regional sports park and 10,000-square-foot
commercial space; 500 acres (approximate) total.

Community Development in Construction
Santa Paula Creek
The project is located adjacent to Santa Paula Creek.

Per Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map (FIRM) Map Number
06111C0781F effective April 11, 2024, the project is mainly in Zone A99. Zone A99 designates areas in a community
that has made adequate progress on its construction
or reconstruction of a project designed for flood risk
reduction.
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18 SECTION 6. SCOPE OF WORK
Work Plan
Based on our project understanding, we propose the
following project approach and work plan:

Safe Facility for All Users
Guidance
Project design guidance for roadway, pedestrian, and
bicycle facilities will come from:
• City of Santa Paula Standard Plans
• AASHTO A Policy on Geometric Design of Highways and
Streets
• Caltrans Highway Design Manual
• Caltrans Complete Streets Elements Toolbox
• Caltrans Design Information Bulletin 82-06: Pedestrian Accessibility Guidelines for Highway Projects
• Caltrans Design Information Bulletin 89-02 Class IV
Bikeway Guidance
• California Manual of Uniform Traffic Control Devices
• National Association of City Transportation Officials (NACTO) Urban Bikeway and Street Design
Complete Street Design
We will follow FHWA and Caltrans complete street
principles to implement a street corridor that will serve all modes of transportation. This roadway widening
project should consider the movement and safety of
bicyclists, pedestrians and transit users. Vehicle traffic calming measures should be considered to keep
vehicles under the posted speed limit. Conflict points for the different modes of travel should be reviewed and
minimized.

Design Overview
The City proposes a 68-foot-wide street section. To
provide sidewalks, buffered bike lanes and four vehicle lanes will require vehicle lane width to be under 12 feet.

According to the County of Ventura GIS mapping, the
City has 100-foot-wide R/W from the Santa Paula Creek
Bridge to 18035 Telegraph Road (The Wright Storage.)
Going east, the right of way width deceases to 60 feet.

To implement, the proposed roadway cross section may
require R/W acquisition from seven property owners.

However, 18114 Telegraph Road is proposing a grocery
anchored shopping center. With a 20-foot-wide
roadway dedication to make a total of a 50-foot width
from the centerline, the roadway could be aligned to the south in the easterly segment. This alignment to south
could serve as a traffic calming measure as Telegraph
Road is presently a tangent with the project limits.

As an infill roadway project, it will be imperative to
minimize the impacts to private properties. In our
experience, we will need to detail out the parkway
and driveway approaches and account for private
improvements in or just outside of the City's R/W.

We have provided Exhibit 1 which provides a project
overview of the design elements in this project.

Drainage Pattern and Improvements
The general drainage pattern in East Santa Paula is
north to south. Telegraph Road within the project limits has two local sag locations. The first is located just west of the Ferris Drive intersection. There is an existing inlet on the north side of the road. The inlet is connected to a 60-inch CMP culvert that outlets on the side of the
road. The second location is west of the Hallock Drive
intersection approach. There are no drainage facilities in this location. Presently, roadway section does not include curb and gutter; therfore, stormwater sheet flows to
the south. With the introduction of curb and gutter and sidewalk, these improvements could impede stormwater
flows and cause ponding in the street and the properties on the north side of the road. In our initial field review, many of the existing north properties are set close to the roadway elevation.
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SECTION 6. SCOPE OF WORK 19
As part of this project, we will analyze the project
hydrology and hydraulics to develop adequate drainage
facilities to convey the stormwater from north to south of Telegraph Road. For the easterly road sag location,
we will look to work with the 18114 Telegraph Road
Development to develop a pass through drainage
facility. In addition, the project may need to install
parkway drains on the north side to avoid ponding in
private property.

Green Street Elements
This project will introduce more than 10,000 square feet of new impervious surface; therefore, the project will
need to follow the United States Environment Protection Agency (USEPA) guidance regarding Managing Wet
Weather with Green Infrastructure: Green Streets
(December 2008 EPA-833-F-08-009) to the maximum
extent practicable.

Green street elements may include bioretention curbs,
sidewalk planters, previous pavement or concrete, and/
or sidewalk trees.

Aesthetics
This segment of Telegraph Road will serve as the easterly gateway into the City proper. The proposed street
section width is 68 feet which will need to accommodate four vehicle lanes, a center median, buffered bike
lanes and sidewalks. This will leave limited areas for
landscaping and aesthetics. In our initial analysis of
existing driveways without turning restrictions, there are segments where a landscaped median and gateway
monument could be installed. In addition, the bike
lane buffers could be landscaped bioretention areas,
and street trees could be installed in tree wells in the sidewalk. A conceptual renderings has been included
as Exhibit 2 depicting the potential aesthetic treatment areas.

To ensure aesthetics will meet the City’s expectations, MNS has teamed with Pacific Coast Land Design, Inc.
(PCLD) who has designed many street beautification
projects including gateway monuments.

Coordination with Other Projects
This project will need to be coordinated closely with the City's Main Street/Harvard Boulevard/Telegraph Road
roundabout project and the two developments on the
south side of Telegraph Road.

For the single lane roundabout project, westbound
Telegraph Road will be need to merge into a single lane before entering the roundabout. We will coordinate the
required transition lengths, striping and signage.

For the developments, we will look to coordinate all
roadway elements including drainage and utility
facilities and bus turnout location. We will look to provide more than the minimum lane and sidewalk widths.
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20 SECTION 6. SCOPE OF WORK
Utility Facilities
This roadway corridor includes overhead Southern
California Edison (SCE) electrical and telecom lines,
underground Verizon and AT&T lines, SCE street lighting, 4-inch and 12-inch gas lines, 4-inch and 8-inch
waterline, sewer line and Caltrans signal facilities.

We will look to minimize the utility impacts as utility relocation may delay the project construction schedule.

As part of this project, we will evaluate the potential of undergrounding the existing electrical and telecom lines.

It appears the two developments south of Telegraph
Road will be required to underground; therefore, we will look to the south side first.

Project Budget
MNS will provide project cost estimates through the
design process so that the City is apprised of the
construction cost. We will review current cost and bid
climate to provide realistic project cost estimates.

MNS will make design adjustments to the proposed
improvements to keep the construction cost in line with the City’s project budget during the design process.

Project Schedule
MNS has a track record of delivering projects on
schedule. With our numerous experiences in roadway
widening improvement projects, we will anticipate
potential critical path issues such as utility relocation and undergrounding, and R/W coordination. We have
put together a preliminary schedule, provided at the end of this section.

Scope of Work
Task 1 Project Management
TASK 1.01 Project Management
MNS will coordinate the work of the project team
including representatives from the City of Santa
Paula Public Works Department and City Manager’s
Office (City). We will facilitate regular project progress meetings and provide monthly written updates on the
project status and budget.

Deliverables: Monthly project updates
TASK 1.02 Project Kick-Off Meeting
At the commencement of the project, MNS will facilitate a kick-off meeting with the City’s staff to discuss the scope and parameters of the project. We will prepare
and distribute a draft agenda in advance of the meeting for review and comment by the City. We will prepare and distribute meeting minutes within three business days
of the meeting. We assume two hours for the kick-off
meeting with staff members.

Deliverables: Kickoff Meeting Agenda and Minutes
TASK 1.03 Progress Meeting
MNS will attend monthly meetings at the City for the
duration of the project. As part of the effort, we will be responsible for developing meeting information and
agenda prior to the meeting and meeting minutes within
three business days following the meeting with complete action tracking log. We will assume two hours for each
meeting.

Deliverables: Meeting Agenda and Minutes
TASK 1.04 Project Schedule
MNS will develop a project schedule at the beginning
of the project that covers preliminary design,
recommendations, design drawings, specifications,
construction cost estimate, bid documents, and bid/
award support services. Project schedule will be
submitted with the proposal and will be updated within
two weeks of the kickoff meeting.
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SECTION 6. SCOPE OF WORK 21
Deliverable: Project Schedule in Microsoft Project
TASK 1.05 Project Communication
MNS will develop a communications protocol to be
followed by all team members to be submitted within
one week of starting the project. Communication
protocol will include standard project communication
as well as emergency communication protocols. All
communication through bid and construction phase
services shall be conducted through the City and not
directly with the bidders/contractor.

Deliverable: Project Communication Protocol
TASK 1.06 Project Coordination
MNS will coordinate all of the services of subconsultants including site visits, site inspections, and will ensure coordination with the City staff and other interested
parties as outlined by the City.

TASK 1.07 Monthly Invoicing
MNS will submit invoices on a monthly basis with all
supporting documentation in a format acceptable to
the City. Invoices requiring amendment shall be dated
according to when the revised invoice is delivered to
the City. Invoices shall be delivered electronically to the Project Manager and to [email protected].

Deliverables: Monthly Invoices
Task 2 Data Gathering, Site Visit and
Preliminary Investigations
MNS will review and assess existing data and reports
relative to the project and conduct necessary site
visits, investigations and analyses required to identify and mitigate project issues that could impact or be
impacted by the project.

TASK 2.01 Data Collection and Site Visit
We will request available record/documents, existing
street, storm drain, wet and dry utility plans, survey
centerline and property monument data, topographic
maps, and drainage and geotechnical reports.

We will perform a site visit.

TASK 2.02 Regulatory, Code, and Permitting
Requirements
MNS will review and confirm the regulatory, code and
permitting requirements. For this project, we have
identified the following requirements:
• NPDES Permit: SWPPP—we will prepare a SWPPP
including Temporary Water Pollution Control Plans.

We will assist the City staff in uploading the SWPPP
documents to SMARTS.
• NPDES Permit: Stormwater Treatment—per EPA Green
streets, we will implement green elements in the
project to the maximum extent practicable.

TASK 2.03 Geotechnical Investigation
MNS team member, Earth Mechanics, Inc. (EMI), will
conduct geotechnical investigation in support of this
project. The scope of services will consist of the following tasks:

Task 2.03A. Geotechnical Investigation
EMI will collect two surface bulk samples (<5-foot deep).

Two double-ring infiltrometer tests will be performed
in accordance with ASTM D‑3385 utilizing a TurfTec
International 24-inch diameter device to measure soil
infiltration rates. The 24-inch diameter and 12-inch
diameter rings, one inside the other, will be driven into the ground. The rings will be partially filled with water and maintained at constant level. The volume of water
added into the outer ring and inner ring to maintain the constant level will be recorded with time. Two sets of flow quantity versus time readings will be taken at the same test location until a trend in flow rate is developed. EMI will prepare a boring location plan and this plan will be used to secure encroachment permit from City of Santa
Paula. Any other permits, if required, will be secured by others.

Task 2.03B. Soil Laboratory Testing
Soil laboratory tests will be conducted in general
accordance with American Society for Testing and
Materials (ASTM) standards or California Test methods.

Anticipated laboratory tests include: R-value, #200 wash, and Atterberg Limits.
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22 SECTION 6. SCOPE OF WORK
Task 2.03C. Memo Preparation
Based on the R-value and the Traffic Index (TI)
provided by MNS/City of Santa Paula, EMI will determine pavement structural sections. EMI will prepare a
technical memorandum to provide R-value tests results,
recommended pavement structural sections, and soil
infiltration testing results. EMI will address any comments resulting from the City of Santa Paula review and
prepare a final technical memorandum.

EMI assumes the following for their scope of work:
• Geotechnical Investigation is allowed between 8 a.m.
and 5 p.m. on weekdays.
• No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical
field investigation, EMI will terminate our work and
notify City.
• Environmental clearance for accomplishing the
field work, if required, will be obtained by others.

Archaeological, cultural, and biological reviews or
studies, if required, will be performed by others.
• No permit fees are assumed.
• Well permits are not required for Geotechnical borings or infiltration testing.
• Traffic control is not required for the field investigation.

Deliverables: Draft and Final Geotechnical
Memorandum
TASK 2.04 Survey and Mapping
MNS will perform field surveying and mapping services in support of roadway improvements identified in the RFP.

Control will be established on the appropriate NAD83
horizontal and NAVD88 vertical datum. Ground surveys
will be performed along Telegraph Road from the Santa
Paula Creek Bridge to Hallock Drive (approximately
2,100 linear feet). Ground survey features to include
hardscape, structures, walls, fences, drainage structures, trees (6-inch diameter and above), signs, striping and
observable utilities. Roadway cross sections will be
provided at a minimum of 50-foot intervals. MNS will
prepare a topographic base map in AutoCAD at a scale
of 1”=20’ with 1’ contour intervals.

MNS will locate monuments to establish R/W boundaries
within the applicable project limits. Retraced boundaries to include city and applicable private property
boundaries. Retracement will be based on a best fit
of found monuments and record map data. Research
includes all available records from the City and County of Ventura including vesting deeds to define property
boundaries. Adjacent property boundaries will be
established using record distances if monuments
are not available. MNS will make an effort to identify/ locate record monuments within the footprint of the
design limits. This will assist in budgeting/planning for monument preservation either handled by MNS or other
survey firm during construction. This scope of work does not include monument preservation or filing of a Record of Survey with the County of Ventura.

Optional Task: MNS has identified six parcels (four
different owners) along the north side of Telegraph
Road where the city may need easement dedications
for roadway widening purposes. Title reports will be
acquired for each identified owner per this scope of
work. Legal descriptions and plats will also be prepared for acquisition purposes (estimated four total). This
scope of work includes the cost of acquiring title reports (approximately $1,000/owner).

Deliverables: Topographic Mapping and R/W
retracement; Legal and Exhibits
TASK 2.05 Utility Investigation
MNS will notify the utility providers (provided from
underground service alert within the project limits)
via letter of the impending project and request atlas
sheets or record drawings of existing utilities and
appurtenances within the project corridor.

Letters will be issued on City letterhead or by MNS as
appropriate. One week following issuance of the request letters, MNS will follow-up with telephone calls to verify that letters were received and to determine when
utility atlas information will be provided. MNS will map the existing utilities onto base line work and provide
reduced-size plans to utility agencies requesting review for conflicts and incorrect mapping of utility atlas
information.
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SECTION 6. SCOPE OF WORK 23
MNS will coordinate with the agencies to confirm design requirements and approval process. Project plans will
be reviewed to determine potential utility conflicts. For unavoidable utility conflicts, MNS will prepare utility relocation notices and project plans highlighting the
conflict. MNS will work with the affected agency to show the proposed utility relocation on the improvement
plans.

Any utility relocation design will be performed by others.

In addition, notices to utility owners will be prepared and sent to relocate their facilities. MNS will prepare the required documents for utility clearance issued by
Caltrans.

Deliverables:
• Utility letters
• Utility matrix
Task 3 Pole Undergrounding Analysis
MNS will complete an analysis that focuses on
determining the potential benefits (if any) that would
arise from undergrounding of poles along this stretch of Telegraph Road. The intent is to understand the benefits directly related to the project and may include wider
sidewalks and/or bike facilities, enhanced visibility, etc.

To clarify, the City is not seeking the design for the
actual undergrounding of the poles. The consultant shall provide a summary of the analysis in a memo.

Deliverable: Pole Undergrounding Memorandum
Task 4 Schematic Design
This phase of work will generate a refined site design for the project through an iterative process. Based on the
information gathered during the data collection process, MNS team will create a design for the project to include:

TASK 4.01 Design Study Alternatives
MNS and PCLD will prepare two design study alternatives for areas.

TASK 4.02 Refine Study Alternatives
MNS and PCLD will refine the concept to a final
Schematic Design. PCLD will prepare a rendering of the
preferred alternative.

We assume three iterations total to get to final
Schematic Design. One after each review meeting is
outlined in Task 3.

TASK 4.03 Schematic Plans and Specifications
MNS will prepare the Schematic Plans, Specifications,
and Details and Plant Materials List at 1"=20' scale.

TASK 4.04 Project Team Coordination
MNS will coordinate with the City’s project team for
design development, review, and discussion including
creative design workshops.

TASK 4.05 Stakeholder Coordination
MNS will coordinate with City staff stakeholders as
needed for design development, review, and discussion.

TASK 4.06 City Monument Alternatives
PCLD will develop City Monument alternatives with
architectural renderings.

TASK 4.07 Landscaping Evaluation
PCLD will determine the planting locations and plant
palettes for native and drought resistant landscaping.

TASK 4.08 Irrigation Evaluation
PCLD will identify irrigation needs, feasibility, and
resources available.

TASK 4.09 Lighting Evaluation
MNS will perform lighting design fixture selection and
location. We assume street lighting will be owned by SCE; therefore, SCE will design the proposed street lighting.

We will provide street lighting, conduits, and pullbox
locations.
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24 SECTION 6. SCOPE OF WORK
TASK 4.10 Stormwater Treatment Evaluation
MNS will Identify locations and feasibility of integration of stormwater infiltration/permeable pavement.

TASK 4.11 Cost Estimating
MNS will prepare Construction Cost Estimate for the
proposed improvements.

Deliverables: schematic design package including one
hard copy of schematic plans, renderings, and palettes
along with electronic versions.

Task 5 Design Development
Upon project team approval and acceptance of the
Schematic Design and cost, MNS will commence with the
Design Development. This phase of work will refine the
design and identify key construction systems, materials, and critical coordination issues. We will refine the
selected Schematic Design and identify key construction systems, materials, and critical coordination issues while initiating the PS&E process. We will prepare drawings and data in AutoCAD and Adobe PDF formats and provide
such drawings and data to the City's Project Manager.

TASK 5.01 Renderings
PCLD will prepare perspectives, sketches, and renderings as necessary to indicate the architectural and
landscaping character of the project and its relationship to the pedestrian level, discuss with the project team
and provide to the City Project Manager.

TASK 5.02 Landscape Samples
PCLD will provide samples of proposed vegetation and
related elements, discuss with the project team and
provide to the City Project Manager.

TASK 5.03 100% Design Development Plans (70%
Construction Documents)
MNS and PCLD will prepare 100% Design Development
Plans (70% Construction Documents).

Plans will include:
• Demolition and Utility Disposition Plans at 1" =20' scale double stacked (2 Sheets)
• Street Improvement Plan & Profile at 1" = 20' scale (4 Sheets)
• Storm Drain Plan and Profile at 1" = 20' scale (2 Sheets) • Signing and Striping Plan at 1" = 40' scale (1 Sheet) • Landscape Plans at 1" = 20' scale double-stacked (2
Sheets)
• Lighting Plans at 1" = 20' scale double-stacked (2
Sheets)
TASK 5.04 100% Design Development Details
MNS and PCLD will prepare 100% Design Development
Details.

TASK 5.05 100% Design Development Outline
Specifications
MNS and PCLD will prepare 100% Design Development
Outline Specifications.

TASK 5.06 100% Design Development Cost Estimate
MNS and PCLD will prepare 100% Design Development
Cost Estimate.

TASK 5.07 Coordination and Meeting with Project
Team
We will coordinate project design and attend meetings
with the Project Team. We assume two meetings.

Deliverables: design development package shall include
three hard copies of 24" by 36" plans and specifications along with electronic versions.

Task 6 Final PS&E
TASK 6.01 90% Design
Drawings and specifications from the preliminary
design phase shall be modified to account for design
changes as a result of the design development review.

At the end of the 90% design phase, drawings and
specifications will be complete. The following tasks are to be completed:
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SECTION 6. SCOPE OF WORK 25
• Demolition plans and details
• Landscape architectural drawings and details
• Civil drawings and details (storm drain, stormwater
treatment, driveway approaches and curb ramps)
• Complete Specifications
• Construction cost estimate
• Incorporation of all plan check comments from
permitting authorities into the Final Design Submittal.

We assume the project will design the curb ramps at
Ferris Drive and the west curb ramp at Whipple Road (a
total of 3). Storm drain improvements are assumed to be cross culverts at the two sag locations.

Deliverables: 90% design package including three hard
copies of 24" by 36" plans and specifications along with electronic versions.

TASK 6.02 Final Design Submittal
During the final design phase, final comments from the
90% design submittal shall be incorporated into the
drawings and specifications. This final submittal will be considered the bid set. Tasks include:
• Production of final architectural and engineering
drawings
• Production of final architectural and engineering
specifications
• We will prepare an estimate of probable construction
cost for the 100% design package. The cost estimate
shall be transmitted along with the final 100% design
package.

Final drawings shall be signed and sealed by a
professional engineer and/or professional landscape
architect registered by the State of California.

Deliverables:
• Three sets of 11” x 17” drawings
• Three sets of 24” x 36” drawings
• Four sets of specifications
• Electronic copy in Adobe PDF format of the final design package for bid purposes
• Design AutoCAD 2018 or later DWG files
Task 7 Support During Bidding
MNS and PCLD will provide assistance to the City during the project advertisement and award period. Bid phase
assistance will include the following:

TASK 7.01
Response to Requests for Information
(RFIs) and Requests for Clarification
(RFCs)
We will provide a written response to questions within
two business days of questions received during the
bidding period. The responses will be provided in short memorandum format with the question and response
shown.

TASK 7.02 Pre-Bid Meeting
We will attend and participate in the mandatory pre-bid meeting.

TASK 7.03 Addendum/Conform Set
We will incorporate all addenda issued during the Bid
Period into a conformed set of contract documents. MNS
will provide design support services during the bidding phase.

Deliverables:
• Responses to RFIs and RFCs
• Conform Plan Set
Task 8 Construction Phase Services
(Optional)
During construction, MNS team will include the following:

TASK 8.01 Pre-Construction Meeting
We will attend and participate in the pre-construction
meeting.

TASK 8.02 Project Progress Meetings
We will attend and participate in project progress
meetings as needed by the City with the City and the
Construction Manager to discuss the status of the
project and potential project issues. We will budget
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26 SECTION 6. SCOPE OF WORK
two hours for each project progress meeting, and one
hour travel time to and from meeting for a total of three hours. We will budget for a 12-month duration for the
construction phase.

TASK 8.03 Submittal Review/RFI Response
We will review all shop drawing and material submittals transmitted by the construction contractor. We will
budget for a total of 20 submittals and a minimum of
three hours for the first review. We will budget assuming 25% of all submittals will require a resubmittal and
additional review with a minimum of 1.5 hours budgeted
for each resubmittal.

We will provide responses to the contractor’s RFIs (up to 25) and provide clarification of construction documents regarding drawing interpretation.

TASK 8.04 Change Order Review
We will review all change order requests submitted by
the construction contractor. We will review each request and make a formal statement regarding entitlement
and the merit of the contractor’s request. We will budget for three change order requests to be submitted during
the construction phase. We will budget a minimum of
eight hours for each change order request.

TASK 8.05 Project Close-Out
We will assist in the development of project punch
lists and coordinate the delivery of all project-related documentation.

TASK 8.06 Record Drawings
We will prepare a record drawing set based on the redline drawings submitted by the construction contractor.

The record drawings shall be prepared using a version
of AutoCAD 2018 or later and shall be transmitted
to the City within 30 calendar days of receipt of the
contractor’s red-line drawings. Electronic copies of
the record drawings shall be submitted to the City in
both AutoCAD and Adobe PDF formats. In addition, the
Consultant shall submit three hard copies of the record drawings on 24" by 36" bond paper.

Deliverables:
• Submittal Reviews
• Responses to RFIs
• Change Order Review
• Punchlist
• Record Drawings
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SECTION 6. SCOPE OF WORK 27
Exhibit 1. Telegraph Road Widening Project Overview
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28 SECTION 6. SCOPE OF WORK
Exhibit 2. Telegraph Road Rendering
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SECTION 6. SCOPE OF WORK 29
ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Mon 9/9/24 Mon 9/9/24
2 Task 1: Project Management 245 days Mon 9/9/24 Fri 8/15/25 3 Task 2: Data Gathering, Site Visit, Survey, Geotech & Schematic Plan
225 days Mon 9/9/24 Fri 7/18/25
4 2.01 Data Collection and Review 15 days Mon 9/9/24 Fri 9/27/24 5 2.02 Regulatory, Code & Permit Requirements 20 days Mon 3/31/25 Fri 4/25/25 6 2.03 Geotechnical Investigation 35 days Mon 9/9/24 Fri 10/25/24 7 2.04 Survey and Mapping 35 days Mon 9/9/24 Fri 10/25/24 8 2.05 Utility Investigation 225 days Mon 9/9/24 Fri 7/18/25 9 2.06 Environmental Analysis 30 days Mon 9/9/24 Fri 10/18/24 10 Task 3: Undergrounding Study 15 days Mon 1/13/25 Fri 1/31/25 11 Task 4: Schematic Design 55 days Mon 10/28/24 Fri 1/10/25 12 4.01 ‐ 4.11 Tasks 40 days Mon 10/28/24 Fri 12/20/24
13 City Schematic  Design Review 15 days Mon 12/23/24 Fri 1/10/25 14 Task 5: Design Development 55 days Mon 1/13/25 Fri 3/28/25 15 5.01 Renderings 15 days Mon 1/13/25 Fri 1/31/25
16 5.02 Landscape Samples 10 days Mon 1/13/25 Fri 1/24/25 17 5.03 ‐ 5.07 Tasks 40 days Mon 1/13/25 Fri 3/7/25
18 City Design Development Review 15 days Mon 3/10/25 Fri 3/28/25 19 Task 6: Final PS&E 100 days Mon 3/31/25 Fri 8/15/25
20 6.01 90% Design 40 days Mon 3/31/25 Fri 5/23/25
21 City 90% Design Review 20 days Mon 5/26/25 Fri 6/20/25 22 6.02 Final Design 25 days Mon 6/23/25 Fri 7/25/25
23 City Final Design Review 15 days Mon 7/28/25 Fri 8/15/25 24 Task 7: Support During Bidding 40 days Mon 8/18/25 Fri 10/10/25 25 Task 8: Construction Phase Services 130 days Mon 10/13/25 Fri 4/10/26 9/9
9/1 9/8 9/159/229/2910/610/1310/2010/2711/311/1011/1711/2412/112/812/1512/2212/291/5 1/121/191/26 2/2 2/9 2/162/23 3/2 3/9 3/163/233/30 4/6 4/134/204/27 5/4 5/115/185/25 6/1 6/8 6/156/226/29 7/6 7/137/207/27 8/3 8/108/178/248/31 9/7 9/149/219/2810/510/1210/ September October November December January February March April May June July August September October 2025
Telegraph Road Widening Project - CIP 9384
Preliminary Project Schedule

Project Schedule
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APPENDIX A. RESUMES A-1
A Appendix A. Resumes
Name Role PG
Brandon Reyes, PE Principal-in-Charge A-3
Michael Ip, PE, QSD Project Manager A-5
Sam Potts, PE, QSD/QSP Project Engineer A-7
Robert Wilcox, EIT Project Engineer A-9
Shane Sobecki, PLS Principal Surveyor A-11
Mike Zielsdorf Landscape Architect A-13
Breanne Dunn, ASLA Landscape Architect A-15
Alahesh Thurairajah, PE, GE, BC. GE Geotechnical Services A-17 Resumes
225

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226
APPENDIX A. RESUMES A-3
Brandon Reyes, PE | RESUME PG 1
RESUME
Brandon Reyes, PE
Principal-in-Charge
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Roadway and intersection design
 Geomatics
 Design strategy
 Multidisciplinary team management
 Project management
 Caltrans
Years of Experience
 16
Licensing
 Professional Civil Engineer, CA No. 79226
Certification
 Caltrans Temporary Pedestrian Access Routes
Education
 BS, Civil Engineering, California State Polytechnic
University, Pomona, CA
Mr. Reyes has over 16 years of experience in large
transportation projects involving a breadth of staffing disciplines, Caltrans, agencies, and local governments
throughout California. Brandon has spent his entire
career serving the Inland Empire, including working as a segment lead on the SR-91 Project that went through the heart of Corona. He is a solutions-based professional
engineer who is actively involved in design strategies, schedule and cost adherence management, and quality
assurance. From a project’s inception, Brandon applies a big-picture methodology, allowing him to have a broader project understanding, potential risks and solutions,
involvement and impacts to project stakeholders, and
creative design approaches. Brandon’s project
involvement ranges from conceptual design through to
PID, PA&ED, and PS&E phases throughout his
experience on multiple significant Southern California
projects. His experience includes:

Interstate 10/Jefferson Street Overcrossing County
of Riverside, CA. Project Manager. Brandon was
responsible for the day-to-day management of the
contract and design support efforts for the construction phase of the project, representing the design team and
working with his multidisciplinary design team and the
construction manager through the complex interchange
construction in collaboration with the Caltrans RE and
Inspection team. The modifications included the
replacement and relocation of the Jefferson
Street/Interstate 10 overcrossing, additional loop onramps, and realignment of Jefferson Street. In PA&ED, he coordinated the alternative analysis and design,
roadway design, traffic studies, drainage studies, and
structure advance planning studies. Also coordinated the revisions to all of the project documents, and circulation of the environmental document; in coordination with
FHWA, Caltrans, the County of Riverside, and the City of Indio.

Interstate 10/Cherry Valley Interchange, County of
Riverside, Calimesa, CA. Project Manager. Brandon
was responsible for the day-to-day management of the
contract and development of the PSR-PDS deliverable
and supporting documentation for interchange
improvements that require full reconfiguration. Various challenges at the interchange have resulted in three
viable build alternatives in the PID phase: Partial
cloverleaf, roundabouts, and diverging diamond
alternatives. Alternative geometry, scoping, cost
estimation, and initial studies are under development to finalize the project initiation document. Currently working 227
A-4 APPENDIX A. RESUMES
Brandon Reyes, PE | RESUME PG 2
RESUME
on the execution of PA&ED phase. Brandon led the
multidisciplinary team solving key environmental issues associated with the project including biological resources, noise, cultural and air quality. He also led the design of Geometric Approval Drawings (30%) of a DOI type
interchange working with the Caltrans District 8 oversight team.

State Route 60/Archibald Avenue Interchange, San
Bernardino County Transportation Authority
(SBCTA), CA. Project Manager (PA/ED AND PS&E) and
Project Engineer (PSR/PDS). Brandon was responsible
for day-to-day management of the contract and
development of the PSR-PDS deliverable, execution of
the PA&ED phase, and the PS&E deliverable package.

One key element was working with Caltrans in every
phase of the project to carefully plan construction staging that maintained local business operations along
Archibald Avenue. There were several utility conflicts
identified on the project, which involved careful
coordination and design in collaboration with SCE, SCG, Frontier, and Charter. Brandon worked closely with the
City of Ontario on aesthetics, lighting, and traffic
circulation impacts. He also led the project team as
contract/project manager from PA/ED through
construction support of the interchange, which was
completed in the Spring of 2022.

Interstate 15 Corridor Freight and Express Lanes,
San Bernardino County Transportation Authority
(SBCTA), CA. Project Manager. Brandon was
responsible for day-to-day management of the contract
and project delivery with SBCTA, including direct
interface with Caltrans District 8, RCTC, and various rail authorities. Management activities included staff
selection and assignment, subconsultant invoice review, invoicing and progress reporting with SBCTA, and
managing overall project performance related to
schedule and budget. Overseeing a team of 50+
engineers across all design disciplines within a traditional PS&E delivery phase (roadway, traffic, drainage,
landscape, MOT, ITS, electrical, structures, and
broadband) which was completed in Fall of 2023.

Project Initiation Document On-Call I Riverside
County, Caltrans District 8, CA. Task Order Manager.

Brandon managed multiple task orders under this on-call, including Task Orders 6 (SBD- 18 Drainage), 9 (PIR for
Bridge Scour Mitigation), and 10 (PIR for Asset
Management Mobility on Interstates 15 and 215 and
State Routes 60, 63, 91, and 111). He oversaw each task order including leading the multidiscipline teams that
prepared the PSR-PDS, Preliminary Environmental
Assessment Report (PEAR) and varying reports in the
PIO phase, which scoped and programmed projects
through planning, design and construction. He
accomplished completion of these tasks by leading
PDTs, directing multidisciplinary teams and coordinating across Caltrans units to solicit feedback on various
elements and assumptions within each project.

Brandon Reyes, PE | RESUME PG 2
228
APPENDIX A. RESUMES A-5
Michael Ip, PE, QSD | RESUME PG 1
RESUME
Michael Ip, PE, QSD
Project Manager
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Bikeway, roadway, highway, and interchange design
 Construction and project management
 Transportation planning
 Traffic engineering
 Drainage and flood control facilities
 Caltrans
Years of Experience
 30
Licensing
 Professional Civil Engineer, CA No. 43671
Certification
 Qualified SWPPP Developer, CA No. 43671
Education
 MS, Construction Management, University of California, Berkeley, CA
 BS, Civil Engineering, University of California, Irvine, CA Affiliations
 American Council of Engineering Companies
 American Public Works Association
 American Society of Civil Engineers
Awards
 2022 APWA Project of the Year, Conejo School Road and Willow Lane Sidewalk and Bike Lanes Project
 2020 APWA Project of the Year, Thousand Oaks
Boulevard Streetscape
 2019 APWA Project of the Year, Westlake Boulevard
(State Route 23) Sidewalk and Bicycle Lane
Improvements Project
 2017 APWA/ASCE Project of the Year, Donlon Road
Realignment
 2017 ACEC Engineering Excellence Merit, Colorado
Esplanade
 2012 APWA Project of the Year, California State
University Channel Islands Entrance Road Improvements
 2010 ACEC Engineering Excellence Merit, Fillmore Water Recycling
Mr. Ip is a Project Manager and Principal Engineer with 30 years of experience specializing in the design and
management of transportation facilities and capital
improvement projects. Michael’s technical experience
includes all project phases, including project reports, planning, design, and construction management. His
management experience includes oversight and direction
of technical professionals, client liaison, quality control, subconsultant coordination, public outreach and
resources allocation to ensure the timely delivery of
project deliverables. His experience includes:

Dockweiler Drive Extension, City of Santa Clarita,
CA. Project Manager. The City of Santa Clarita proposes to construct a $30M Secondary Arterial—Dockweiler
Drive from Sierra Highway to Railroad Avenue. The
project will provide an important north-south connection for the City, a new entrance to Masters University, and a secondary emergency access point for the Placerita
Canyon community. The roadway extension and
widening will go through an existing railroad crossing, business district, hilly terrain, and the Master’s University property. Preliminary engineering services include
community outreach, traffic modeling, roundabout
analysis and simulation, intersection, and roadway and
bikeway alternatives. Final engineering services include roadway, design following LACDPW LID Standards
Manual, bikeway and roundabout design, traffic calming, railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage and stormwater treatment (including detention basins, infiltration trenches, and bioretention areas), mass grading, environmental
permitting, and extensive public outreach.

Muscoy Pedestrian Improvements, County of San
Bernadino, CA. Project Manager. The project will
improve pedestrian routes around Muscoy Elementary
School and Vermont Elementary School in the Muscoy
Area. The project was selected because Muscoy
Elementary School and Vermont Elementary School are
listed as priority projects in the San Bernardino County Safe Routes to School Master Plan.

Improvements will include sidewalk around both schools, curb and gutter, driveway approaches, roadway
widening, and pedestrian traffic facilities such as high visibility crosswalks, new or replacement of existing curb ramps, signs, and rectangular rapid flashing beacons
(RRFB). With State funding, the project will require
approval from the Division of the State Architect. MNS is designing the pedestrian improvements. The County will
229
A-6 APPENDIX A. RESUMES
Michael Ip, PE, QSD | RESUME PG 2
Michael Ip, PE, QSD | RESUME PG 2
RESUME
handle the field survey, base map preparation,
geotechnical investigation, and environmental clearance for this project.

Conejo School Road and Willow Lane Sidewalk and
Bike Lanes Project, City of Thousand Oaks, CA.

Project Manager. The City of Thousand Oaks received
Active Transportation Program (ATP) and Congestion
Mitigation and Air Quality (CMAQ) funding to improve
pedestrian and bicyclist safety along 1.1 miles of Conejo School Road and Willow Lane. Engineering services
consist of preliminary and final design, environmental
document, and property services for roadway widening,
retaining walls, reconstruction of private driveways,
sidewalk and sidewalk infill construction, bicycle and
traffic lane striping and markings, curb ramp construction and pavement rehabilitation, pedestrian activated
signals, storm drain improvements, stormwater treatment facilities and landscaping. Critical elements to project success encompass reconstruction of multiple private
driveways and retaining walls—requiring temporary
private property access and easements to construct the
proposed pedestrian and bicyclist facilities while
maintaining the existing roadway lane configuration.

Project design, R/W, and construction is estimated at
$4.5M.

Mulholland Highway Improvements Design, City of
Calabasas, CA. Project Manager. The City of Calabasas
proposes to construct roadway and safety improvement
on Mulholland Highway (MH), between Old Topanga
Canyon Road (East) and the southern City limit
approximately 2.7 miles in length. MH is the primary
north-south road in the southwestern portion of the City, connecting unincorporated Los Angeles County in the
south end and the City of Los Angeles on the north end.

MH is a scenic road and a designated emergency route.

It is primarily a two-lane road with left turn lanes at the approaches to intersections. Average daily traffic on MH is about 8,500 vehicles. MH serves as the primary route for multiple residential communities, schools, and
recreational areas on MH. Scope of work includes
developing a safe roadway facility, developing a roadway blending within the local environment and community,
and public outreach and coordination with project
stakeholders. MNS is providing preliminary design
engineering and survey.

El Segundo Boulevard Improvements, City of El
Segundo, CA. Project Manager/Engineer. El Segundo
Boulevard is a major six-lane east-west arterial with a median from Isis Avenue to Pacific Coast Highway
(PCH). West of PCH, El Segundo Boulevard is a fourlane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. El Segundo Boulevard will require
Americans with Disabilities Act (ADA) compliant curb
ramps and adequate pedestrian crossings at the
intersections of Illinois Street, Douglas Street, Nash
Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including bicycle detection. The present deficiencies and the high volume of vehicles during peak hours create adverse
conditions for cyclist and pedestrian users. The project will incorporate stormwater structural Best Management
Practices (BMPs) for the project corridor. The project will also enhance bicycle circulation by installing shared bike lane marking and dedicated bike lane striping on Douglas Street between Rosecrans Avenue and Imperial Highway
and on Nash Street between El Segundo Boulevard and
Imperial Highway. The City has budgeted $7M
construction cost for the proposed improvements.

Diamond Bar Boulevard Streetscape, City of
Diamond Bar, CA. Project Manager/Engineer. To
enhance its entry gateway, the City of Diamond Bar is
embarking on a new streetscape improvement project.

Designed to attract and retain sustainable business
development growth, the project supports construction of streetscape and roadway improvements on Diamond Bar
Boulevard between the State Route 60 East Bound
Freeway Ramps and Golden Springs Drive. Proposed
road enhancements include: roadway rehabilitation
and/or reconstruction; aesthetic hardscape and
landscape treatments; traffic signal improvements; green streets and low-impact development measures,
modifications to Los Angeles County Public Works storm
drain system and crosswalk upgrades. The team is
exploring alternatives such as modifications to the 12- foot-wide parkways to add streetscape and green street
elements as well as widening the bike lane in
combination with the sidewalk to create a multiuse path.

For all users to safely share the road, the project plans to develop streetscape and roadway improvements that will
encourage pedestrian and bicycle traffic to support multimodal means of transportation. 230
APPENDIX A. RESUMES A-7
Sam Potts, PE, QSD/QSP | RESUME PG 1
RESUME
Sam Potts, PE, QSD/QSP
Senior Project Engineer
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Roadway design
 Bicycle and accessible facilities
 Drainage and stormwater design
 Utility coordination
Years of Experience
 9
Licensing
 Professional Civil Engineer, CA No. 92519
Certification
 Qualified SWPPP Developer and Provider, CA No. 27824
Education
 BS, Civil Engineering, California State University,
Northridge, CA
Affiliations
 American Public Works Association
 American Society of Civil Engineers (Los Angeles Younger Member Forum PE Review Course Chair and Task
Committee on Student Competitions Member)
Award
 Outstanding Undergraduate in Civil Engineering, California State University, Northridge, 2018
Mr. Potts is a Senior Project Engineer with the
Transportation Engineering Division. Sam brings nine
years of experience. He takes a very visual approach to design, using three-dimensional computer modeling to
help accurately understand each challenge and develop
creative and innovative solutions. Sam’s approach is to place himself throughout the project, from analyzing
existing problems, anticipating construction challenges, and creating safe and accessible multimodal corridors.

His experience includes:

Hillcrest Drive Bike Lane and Pedestrian
Improvements, City of Thousand Oaks, CA. Project
Engineer. This road segment is a 1.25-mile portion is a six-lane divided arterial with a raised center median
without bike lanes. The project corridor is one of the main shopping and business areas. The City will design and
construct bicycle and pedestrian facilities along 1.25
miles of Hillcrest Drive, between Moorpark Road and
Lynn Road, with the primary objective of improving
bicyclist and pedestrian safety. The improvements
consist of enhanced bicycle and traffic lane striping and markings, construction of incomplete sidewalk segments
and retaining walls, and construction and rehabilitation of curb ramps and conversion of one travel lane in each
direction into Class IV bikeways. MNS is providing
preliminary and final engineering design, public outreach, and R/W property easement.

Muscoy Pedestrian Improvements, County of San
Bernadino, CA. Project Engineer. The project will
improve pedestrian routes around Muscoy Elementary
School and Vermont Elementary School in the Muscoy
Area. The project was selected because Muscoy
Elementary School and Vermont Elementary School are
listed as priority projects in the San Bernardino County Safe Routes to School Master Plan.

Improvements will include sidewalk around both schools, curb and gutter, driveway approaches, roadway
widening, and pedestrian traffic facilities such as high visibility crosswalks, new or replacement of existing curb ramps, signs, and rectangular rapid flashing beacons
(RRFB). With State funding, the project will require
approval from the Division of the State Architect. MNS is designing the pedestrian improvements. The County will
handle the field survey, base map preparation,
geotechnical investigation, and environmental clearance for this project.
231
A-8 APPENDIX A. RESUMES
Sam Potts, PE, QSD/QSP | RESUME PG 2
Sam Potts, PE, QSD/QSP | RESUME PG 2
RESUME
C Street Bicycle Facilities Installation, City of
Oxnard, CA. Project Engineer. This project will install bicycle facilities (Class II and III) on C Street from
Hueneme Road to Gonzales Road. The project is
primarily located along C Street. At the southerly end, the bike facility will be on Courtland Street from Hueneme
Road to Canterbury Way. The project includes Class III
bicycle facilities to close gaps on the following streets intersecting or adjacent to C Street: Hill Street from C Street to Novato Drive, Guava Street from C Street to
East Hemlock Street, East Hemlock Street from Guava
Street to Patterson Road, and G Street from Guava
Street to Wooley Road. The project coordinates the
proposed improvements with two City projects: Thin
Maintenance Overlay Project Phase 2 and Bryce Canyon
North and South Resurfacing Project. The project will
provide approximately nine miles of bicycle facilities.

El Segundo Boulevard Improvements, City of El
Segundo, CA. Project Manager/Engineer. El Segundo
Boulevard is a major six-lane east-west arterial with a median from Isis Avenue to Pacific Coast Highway
(PCH). West of PCH, El Segundo Boulevard is a fourlane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. El Segundo Boulevard will require
Americans with Disabilities Act (ADA) compliant curb
ramps and adequate pedestrian crossings at the
intersections of Illinois Street, Douglas Street, Nash
Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including Class IV bikeway and bicycle detection. The present
deficiencies and the high volume of vehicles during peak hours create adverse conditions for cyclist and
pedestrian users. The project will also rehabilitate street pavement and enhance bicycle circulation by installing
shared bike lane marking and dedicated bike lane
striping on Douglas Street between Rosecrans Avenue
and Imperial Highway and on Nash Street between El
Segundo Boulevard and Imperial Highway. The City has
budgeted $8M construction cost for the proposed
improvements.

Conejo School Road and Willow Lane Sidewalk and
Bicycle Lanes Project, City of Thousand Oaks, CA.

Associate/Assistant Engineer. This $3.9M project
designs approximately 1.1 miles of pedestrian and Class II bicycle lane facilities on Conejo School Road and
Willow Lane between Hillcrest Drive and Hampshire
Road. Services involve preliminary and final design,
environmental document, public outreach, and right-ofway property easements for roadway widening, retaining walls, driveway reconstruction, sidewalk and sidewalk
infill construction, bicycle and traffic lane striping and markings, curb ramp construction and reconstruction,
pedestrian signals, landscaping, pavement rehabilitation, storm drain improvements, and stormwater treatment
facilities. A Caltrans Encroachment Permit must be
obtained for design and construction activities as the
Conejo School Road travels under the US 101. The
project received Active Transportation Program (ATP)
and Congestion Mitigation and Air Quality (CMAQ)
funding so right-of-way acquisition must follow federal guidelines. Minimizing the impact to private property
owners when obtaining permanent and temporary
construction easements is critical since coordination and acquisition of easements drive the project schedule.

Responsibilities included computer-aided drawing (CAD)
setup, preparing demolition plans, designing driveways
and curb ramps, retaining wall/grading/site design, utility coordination, storm drain design, stormwater treatment
design, pavement rehabilitation analysis, field
assessments and verification, and landscape architect
coordination.

Dockweiler Road Extension, City of Santa Clarita,
CA. Project Engineer. This $30M Secondary Arterial—
Dockweiler Drive from Sierra Highway to Railroad
Avenue—will provide an important north-south
connection for the City, a new entrance to the Master’s University, and a secondary emergency access point for
the Placerita Canyon community. The roadway extension
and widening will go through an existing railroad
crossing, business district, hilly terrain, and the Master’s University property. MNS provides preliminary and final design engineering services. Preliminary engineering
services include traffic modeling, roundabout analysis
and simulation, intersection, and roadway and bikeway
alternatives. Final engineering services include roadway, bikeway and roundabout design, traffic calming, railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage and stormwater treatment, mass
grading, environmental permitting, and extensive public outreach.
232
APPENDIX A. RESUMES A-9
Robert Wilcox, EIT | RESUME PG 1
RESUME
Robert Wilcox, EIT
Project Engineer
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Roadways
 Traffic signals
 Traffic/speed surveys
 Report preparation
Years of Experience
 9
Licensing
 Engineer-in-Training, CA No. 154064
Education
 BS, Civil Engineering, California State University,
Northridge, CA
Mr. Wilcox is a Project Engineer with the Transportation department. Robert began his career with the City of
Thousand Oaks where he served as an Assistant Traffic
Engineer. He is knowledgeable with AutoCAD,
geographic information systems (GIS) systems, and
traffic data analysis software. His experience includes:

El Segundo Boulevard Improvements, City of El
Segundo, CA. Associate Engineer. El Segundo
Boulevard is a major six-lane east-west arterial with a median from Isis Avenue to Pacific Coast Highway
(PCH). West of PCH, El Segundo Boulevard is a fourlane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. The $7M El Segundo Boulevard project
will require Americans with Disabilities Act (ADA)
compliant curb ramps and adequate pedestrian crossings
at the intersections of Illinois Street, Douglas Street, Nash Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including bicycle detection. The present deficiencies and the high volume of vehicles during peak hours create adverse
conditions for cyclist and pedestrian users. The project will incorporate stormwater structural Best Management
Practices (BMPs) for the project corridor. The project will also enhance bicycle circulation by installing shared bike lane marking and dedicated bike lane striping on Douglas Street between Rosecrans Avenue and Imperial Highway
and on Nash Street between El Segundo Boulevard and
Imperial Highway.

Conejo School Road and Willow Lane Sidewalk and
Bike Lanes Project, City of Thousand Oaks, CA.

Associate Engineer. The City of Thousand Oaks received
Active Transportation Program (ATP) and Congestion
Mitigation and Air Quality (CMAQ) funding to improve
pedestrian and bicyclist safety along 1.1 miles of Conejo School Road and Willow Lane. Engineering services for
this $3.9M project consist of preliminary and final design, environmental document, and property services for
roadway widening, retaining walls, reconstruction of
private driveways, sidewalk and sidewalk infill
construction, bicycle and traffic lane striping and
markings, curb ramp construction and pavement
rehabilitation, pedestrian activated signals, storm drain improvements, stormwater treatment facilities and
landscaping. Critical elements to project success
encompass reconstruction of multiple private driveways
233
A-10 APPENDIX A. RESUMES
Robert Wilcox, EIT | RESUME PG 2
Robert Wilcox, EIT | RESUME PG 2
RESUME
and retaining walls—requiring temporary private property access and easements to construct the proposed
pedestrian and bicyclist facilities while maintaining the existing roadway lane configuration.

Railroad Avenue Bike Trail Project, City of Santa
Clarita, CA. Associate Engineer. This $7M project
designs 1.5 miles of bike trail along Railroad Avenue
within Metro Railroad right-of-way from Lyons Avenue to Oakridge Drive. The bike trail will require bridges over Newhall Creek and Placerita Creek. This project includes conforming to the American with Disabilities Act (ADA)
requirements due to the proximity of street intersections, preliminary environmental studies, SCCRA double rail
study and coordinating with Metro, Southern California
Regional Rail Authority, and Los Angeles County Flood
Control District.

C Street Bicycle Facilities Installation, City of
Oxnard, CA. Associate Engineer. This project will install bicycle facilities (Class II and III) on C Street from
Hueneme Road to Gonzales Road. The project is
primarily located along C Street. At the southerly end, the bike facility will be on Courtland Street from Hueneme
Road to Canterbury Way. The project includes Class III
bicycle facilities to close gaps on the following streets intersecting or adjacent to C Street: Hill Street from C Street to Novato Drive, Guava Street from C Street to
East Hemlock Street, East Hemlock Street from Guava
Street to Patterson Road, and G Street from Guava
Street to Wooley Road. The project coordinates the
proposed improvements with two City projects: Thin
Maintenance Overlay Project Phase 2 and Bryce Canyon
North and South Resurfacing Project. The project will
provide approximately nine miles of bicycle facilities.

Rancho Conejo Biotech Area Sidewalk Improvement
Project, City of Thousand Oaks, CA. Associate
Engineer. This project will provide pedestrian facilities within the Rancho Conejo Biotech area with the primary
objectives to complete the missing segments of sidewalk and to improve pedestrian safety within the project limits.

The improvements consist of sidewalk construction,
reconstruction of private driveways, curb ramp
construction and rehabilitation, construction of retaining curbs and walls, street lighting, crosswalk striping, and overhead pedestrian signal with Rectangular Rapid
Flashing Bacons (RRFB) at the intersection of Rancho
Conejo Boulevard and Corporate Center Drive.

Westlake Boulevard (State Route 23) Sidewalk and
Bicycle Lane Improvements, City of Thousand Oaks,
CA. Assistant Engineer. The City received grant funding from the Federal Highway Safety Improvement Program
(HSIP) for pedestrian and bike safety improvements on
Westlake Boulevard (State Route 23) from Triunfo
Canyon Road to the northbound US 101 ramps
(approximately 1.1 miles). Safety improvements included new sidewalks and curb ramps, curb ramp modifications,
and pedestrian and bike lane signing, striping, and
marking. Many mature trees will be impacted along the
corridor. This project included arborist investigation, a tree report with mitigations, and a public information and outreach program. The pedestrian and bicycle
improvements will be designed in accordance with the
California Manual on Uniform Traffic Control Devices
(MUTCD), Caltrans Design Bulletin 82-05, Chapter 11
“Design Standards” of Caltrans Local Assistance
Procedure Manual (LAPM) and the latest Americans with
Disabilities Act (ADA). Westlake Boulevard south of US
101 is State Route 23; therefore, a Caltrans
Encroachment Permit process was followed.

Responsibilities included providing the signing and
striping plan, typical sections, and cost estimate.

Santa Ana Road Widening and Bike Lane Project,
County of Ventura, CA. Assistant Engineer. The County
of Ventura obtained federal funding to widen Santa Ana
Road to provide Class II bike lanes from Casitas Vista
Road to State Route 150 (six miles). Santa Ana Road is
a two-lane mountainous roadway popular with cyclist but lacks proper bicycle facilities. The $3.5M project required MNS to optimize the roadway widening to minimize utility relocations, hillside grading, and environmental impacts.

The project elements included driveway conforms, storm
drain improvements, temporary erosion control, and
Stormwater Pollution Prevention Plan (SWPPP). Detailed
traffic control and stage construction ensured property owner access at all times. Responsibilities included
signing and striping plan and typical sections.
234
APPENDIX A. RESUMES A-11
Shane Sobecki, PLS | RESUME PG 1
RESUME
Shane Sobecki, PLS, EIT
Principal Surveyor
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Land surveying
 Construction surveying
 Topographic survey and mapping
 Boundary surveys
 ALTA/NSPS surveys
 Right-of-way engineering
 Legal descriptions
 Easements
Years of Experience
 22
Licensing
 Professional Land Surveyor, CA No. 9041
 Engineer-in-Training, CA No. 141294
Education
 BS, Civil Engineering, California State University,
Chico, CA
Awards
 2015 ACEC Engineering Excellence Award of Merit,
Ranchero Road Interchange at Interstate 15
 2014 APWA Project of the Year, Los Angeles Chapter,
Newhall Avenue Roundabout at Main Street
 2014 APWA Best Improvements for Traffic Safety,
Newhall Avenue Roundabout at Main Street
Mr. Sobecki has over 22 years of significant experience in land surveying. As Principal Surveyor, Shane plays a substantial role in managing and completing the firm’s
survey projects. He has over two decades of experience
in private and public sector projects in the central and southern California area. His land surveying background includes tentative subdivision mapping, final maps, site plans, easements, legal descriptions, annexation
exhibits, topographic mapping, 3D scanning, aerial
surveys, construction staking, monitoring, records of
survey, boundary surveys and right-of-way (R/W)
retracements. Shane has proficient knowledge in the use of AutoCAD and other surveying software. His
experience includes:

Mulholland Highway Improvements Design, City of
Calabasas, CA. Principal Land Surveyor. The City of
Calabasas proposes to construct roadway and safety
improvement on Mulholland Highway (MH), between Old
Topanga Canyon Road (East) and the southern City limit
approximately 2.7 miles in length. MH is the primary
north-south road in the southwestern portion of the City, connecting unincorporated Los Angeles County in the
south end and the City of Los Angeles on the north end.

MH is a scenic road and a designated emergency route.

It is primarily a two-lane road with left turn lanes at the approaches to intersections. Average daily traffic on MH is about 8,500 vehicles. MH serves as the primary route for multiple residential communities, schools, and
recreational areas on MH. Scope of work includes
developing a safe roadway facility, developing a roadway blending within the local environment and community,
and public outreach and coordination with project
stakeholders. MNS is providing preliminary design
engineering and survey.

Conejo School Road and Willow Lane Sidewalk and
Bike Lanes Project, City of Thousand Oaks, CA.

Project Surveyor. The City of Thousand Oaks received
Active Transportation Program (ATP) and Congestion
Mitigation and Air Quality (CMAQ) funding to improve
pedestrian and bicyclist safety along 1.1 miles of Conejo School Road and Willow Lane. Engineering services for
this $3.9M project consist of preliminary and final design, environmental document, and property services for
roadway widening, retaining walls, reconstruction of
private driveways, sidewalk and sidewalk infill
construction, bicycle and traffic lane striping and
markings, curb ramp construction and pavement
235
A-12 APPENDIX A. RESUMES
Shane Sobecki, PLS | RESUME PG 2
RESUME
rehabilitation, pedestrian activated signals, storm drain improvements, stormwater treatment facilities and
landscaping. Critical elements to project success
encompass reconstruction of multiple private driveways
and retaining walls—requiring temporary private property access and easements to construct the proposed
pedestrian and bicyclist facilities while maintaining the existing roadway lane configuration.

El Segundo Boulevard Improvements, City of El
Segundo, CA. Principal Land Surveyor. El Segundo
Boulevard is a major six-lane east-west arterial with a median from Isis Avenue to Pacific Coast Highway
(PCH). West of PCH, El Segundo Boulevard is a fourlane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. El Segundo Boulevard will require
Americans with Disabilities Act (ADA) compliant curb
ramps and adequate pedestrian crossings at the
intersections of Illinois Street, Douglas Street, Nash
Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including Class IV bikeway and bicycle detection. The present
deficiencies and the high volume of vehicles during peak hours create adverse conditions for cyclist and
pedestrian users. The project will also rehabilitate street pavement and enhance bicycle circulation by installing
shared bike lane marking and dedicated bike lane
striping on Douglas Street between Rosecrans Avenue
and Imperial Highway and on Nash Street between El
Segundo Boulevard and Imperial Highway. The City has
budgeted $8M construction cost for the proposed
improvements.

Dockweiler Drive Extension, City of Santa Clarita,
CA. Principal Surveyor. The City of Santa Clarita
proposes to construct a $30M Secondary Arterial—
Dockweiler Drive from Sierra Highway to Railroad
Avenue. The project will provide an important north-south connection for the City, a new entrance to Masters
University, and a secondary emergency access point for
the Placerita Canyon community. The roadway extension
and widening will go through an existing railroad
crossing, business district, hilly terrain, and the Master’s University property. Preliminary engineering services
include community outreach, traffic modeling, roundabout analysis and simulation, intersection, and roadway and
bikeway alternatives. Final engineering services include roadway, design following LACDPW LID Standards
Manual, bikeway and roundabout design, traffic calming, railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage, and stormwater
treatment (including detention basins, infiltration
trenches, and bioretention areas), mass grading,
environmental permitting, and extensive public outreach.

Castillo Street Undercrossing-Bicycle and Pedestrian
Improvement Project, City of Santa Barbara, CA.

Principal Surveyor. MNS provided surveying services for planning-level efforts to develop a concept alignment for pedestrian and cyclist safety improvements along Castillo Street between Montecito Street and Cota Street, and
along Haley Street between Castillo Street and De La
Vina Street. The proposed preliminary design included
buffered bike lanes, parkways, and landscaping to
provide sidewalk separation; the addition of lighting; and sidewalk infill and repair. The MNS Surveying group
prepared the base map for design using GPS survey for
initial project control and ground survey mapping for road improvements and utilities along 3,000 feet of City
streets. This included mapping all ADA ramps, lane
striping, parkway improvements and utilities. Utilities from service provider atlas maps were incorporated to the
base map as well as importing City-provided GIS data for underground lines and laterals. The topographic data
included the roadway, driveways, curb ramps, sidewalk,
curb and gutter, trees (including trunk diameter at breast height) and other vegetation, existing striping, traffic signals, street light poles, power poles and other utilities including pull boxes, meters, underground utilities, water and gas valves, manholes, and storm drain inlets.

Rancho Conejo Biotech Area Sidewalk Improvement
Project, City of Thousand Oaks, CA. Principal Land
Surveyor. This project will provide pedestrian facilities within the Rancho Conejo Biotech area with the primary
objectives to complete the missing segments of sidewalk and to improve pedestrian safety within the project limits.

The improvements consist of sidewalk construction,
reconstruction of private driveways, curb ramp
construction and rehabilitation, construction of retaining curbs and walls, street lighting, crosswalk striping, and overhead pedestrian signal with Rectangular Rapid
Flashing Bacons (RRFB) at the intersection of Rancho
Conejo Boulevard and Corporate Center Drive.

Shane Sobecki, PLS, EIT | RESUME PG 2
236
APPENDIX A. RESUMES A-13
Name | RESUME PG 1

RESUMES
Mike Zielsdorf
Landscape Architect
Firm
 Pacific Coast Land Design, Inc.

Areas of Expertise
 QA/QC
 Park Design
 Public Engagement
 Stakeholder Engagement
 PS&E
Years of Experience
 20
Licensing
 Licensed Landscape Architect, CA No. 6044
Education
 Bachelor of Landscape Architecture, California Polytechnic University, San Luis Obispo, CA
Affiliation
 ASLA
As Principal Landscape Architect, Mike is the center of Pacific Coast Land Design’s daily operations and
responsible for design oversight and technical QA/QC.

Mike is a lifelong Ventura County resident, with more
than 20 years dedicated to the design of context
sensitive outdoor environments that showcase the
definitive cultural and natural resources of the region.

That experience includes the planning, design and
construction oversight of urban streetscapes, city parks and open space, public works infrastructure and infill
residential at a variety of scales and income levels. Mike brings his sound technical knowledge backed by a strong understanding of local plant communities and how best
to integrate low impact strategies that maximize water
savings and reduce site infrastructure impacts.

As Principal-in-Charge, Mike is currently involved in the oversight and management of each of PCLD’s public
serving projects. For the City of Santa Paula’s
Community Bike Trail Connectivity Project, Mike will
serve as Principal Landscape Architect, helping shape
project design as well as managing the day-to-day
contract and technical oversight with a keen eye on
meeting client deliverable deadlines and quality control.

His project experience includes:

Santa Paula Bike Trail and Mill Plaza, City of Santa
Paula, Santa Paula, CA. Principal-in-Charge. Lead
consultant and designer for the first constructed segment of the overall Santa Paula Branch Line Trail system.

Roles included implementation of VCTC's SPBL
Masterplan document; trail, streetscape, and stormwater infiltration design; and construction documentation and administration. Mill Plaza design – construction
administration support in coordination with Bike Trail
Project at the historic Santa Paula Train Depot.

Thousand Oaks Boulevard, City of Thousand Oaks,
Thousand Oaks, CA. Landscape Architecture Principal
in Charge. Managed public outreach, design, and
construction administration for beautification and
engineering improvements for Thousand Oaks
Boulevard.

Magic Mountain Beautification, City of Santa Clarita,
Santa Clarita, CA. Prime Principal Consultant. Provided beautification and engineering design for new medians
and parkways adjacent to an I5 on-ramp/off-ramp. Ongoing design, contracted through bid assistance with possible CA support.
237
A-14 APPENDIX A. RESUMES
Name | RESUME PG 2

RESUMES
Newhall Gateway (ongoing), City of Santa Clarita,
Santa Clarita, CA. Prime Principal Consultant. This was a 10-acre city gateway landscape beautification project within Caltrans right-of-way. Caltrans client liaison and lead design services include extensive coordination
management between Caltrans, traffic engineers, civil
engineers, and the client.

Dockweiler Extension Project, City of Santa Clarita,
Santa Clarita, CA. Principal-in-Charge. Prime consultant for the extension of Dockweiler Drive. Roles included
management of the new roadway's landscaped medians,
parkways and intersection treatments.

Additional experience includes:
• 10th Street Beautification, City of Santa Paula, Santa Paula, CA
• Vista Canyon Transit Center, City of Santa Clarita,
City of Santa Clarita, Santa Clarita, CA
• La Colonia Green Alleys, City of Oxnard, Oxnard, CA
• Orchard Village Medians, City of Santa Clarita, City
of Santa Clarita, Santa Clarita, CA
• Hollister/State Streetscape Improvement Plan,
County of Santa Barbara Planning, Santa Barbara,
CA, Old Town Newhall and Roundabout, City of
Santa Clarita, City of Santa Clarita, Santa Clarita, CA • Heritage Grove Community Development,
Hearthstone Multi-Asset, Filmore, CA
Mike Zielsdorf | RESUME PG 2
238
APPENDIX A. RESUMES A-15
Breanne Dunn, ASLA | RESUME PG 1
RESUME
Breanne Dunn, ASLA
Landscape Architect
Firm
 Pacific Coast Land Design, Inc. (PCLD)
Years of Experience
 7
Education
 Bachelor of Landscape Architecture, California Polytechnic University, San Luis Obispo, CA
Affiliation
 American Society of Landscape Architects (ASLA)
Ms. Dunn found herself in the world of landscape
architecture after years of exploring a multitude of subdisciplines that make up the profession: fine arts, environmental science, cultural anthropology,
horticulture, permaculture, and other various service
work related experiences. Breanne brings an empathetic
perspective to design shaped by the events and
relationships that have occurred throughout her life. She views the design profession through the lens of how
unique and often overlooked populations experience
public space differently. In 2019, Breanne returned to her home community of Ventura and joined Pacific Coast
Land Design to merge her local knowledge and deeprooted community connections with her newly framed passion at the intersection of people and place.

In interest of supporting community projects focused on the equity of reinvestment in public space, Breanne has led the development of PCLD’s newest service category
in grant writing. Coupled with an ever-evolving skill set in community-driven planning & design, her grant writing
efforts have led to over $50 million in recent awards for publicly funded work in disadvantaged communities
within Santa Barbara & Ventura Counties. These awards
include $27 million for the City of Ventura’s Santa Paula Branch Line ‘Rails with Trails’ project which she is
currently leading the design process intensive public
outreach efforts. She also helped secure $10M in funding for the Santa Paula Unified School District’s Green
Schoolyards projects and $5M for the Ventura River Trail Improvements Project that is currently wrapping PCLDled design and construction. Her relevant project experience includes:

SPBL Rails with Trails (Design + Grant Application),
City of Ventura, Ventura, CA. Public Outreach. This
project is a new, 4-mile trail to run alongside the
operational Santa Paula Branch Line. Breanne was a
contributor to the 2022 Caltrans ATP 6 Application for the project leading a community meeting and wrote
application narratives. The role includes close
coordination with the Transportation and
Communications staff, the Ventura County
Transportation Commission in an intensive 1-year
outreach effort including a project website, a series of special stakeholder meetings, community council
meetings, and general public meetings.
239
A-16 APPENDIX A. RESUMES
Breanne Dunn, ASLA | RESUME PG 2
Breanne Dunn, ASLA | RESUME PG 2
RESUME
SPUSD Green Schoolyards Projects (Blanchard, Glen
City, and Barbara Webster Elementary Schools),
Santa Paula Unified School District, Santa Paula, CA.

Outreach Coordinator. Breanne provided in-depth project knowledge from grant applications into design
implementation. Project responsibilities include working closely with programming partners, district
superintendents, SPUSD Board Members,
administration/staff, and more.

Santa Paula Branch Line Masterplan/EIR Update
SCAG/REAP 2.0 Grant Application, Ventura County
Transportation, Ventura County, CA. Grant Support.

Grant application support for extensive 30+ meeting
outreach plan and community-benefit narratives.

Established in-depth knowledge of SPBL to support
VCTC in their successful grant award of $1.2M for the
Masterplan/EIR update.

La Colonia Green Alleys, City of Oxnard, Oxnard, CA.

Public Outreach. Project designer and outreach
facilitation for the budget constrained scope. Coordinated stakeholders and team consultants in multiple, complex
constraints leading to the successful implementation of the grant funded project. Design through Construction
Administration with project focus in safety and
environmental design.

Ventura River Trail Improvements Project, City of
Ventura, Ventura, CA; Public Outreach. Beanne led the
public outreach services for a 2-mile trail replacement.

Large contributor to the 2020 Caltrans Clean CA Grant
Application for all project funding leading grant narrative and outreach support. Provided support in early design
and outreach efforts.
240
APPENDIX A. RESUMES A-17
Name | RESUME PG 1

RESUMES
Alahesh Thurairajah, PE, GE, BC. GE
Geotechnical Services
Firm
 Earth Mechanics, Inc.

Areas of Expertise
 Geotechnical design/construction
 Bicycle trails and pedestrian structures
Years of Experience
 15
Licensing
 Professional Civil Engineer, CA No. 81439
 Geotechnical Engineer, CA No. GE 3123
 Board-Certified Geotechnical Engineer, Certificate No. 01457, ASCE
Education
 MS, Civil Engineering, University of California, Los
Angeles
 BS Magna Cum Laude, Civil Engineering, California State Polytechnic University, Pomona
Mr. Thurairajah is a geotechnical principal/project
manager with 15 years of experience on California
transportation projects. Alahesh has provided
geotechnical design/construction recommendations for
300+ bridges, 400+ standard and non-standard retaining
walls, and 200+ miles of roadway. He has prepared
Foundation Reports and Geotechnical Reports in
compliance with Caltrans standards for numerous
bridge/roadway projects. His technical expertise includes design of deep and shallow foundation for bridges,
retaining walls, and drainage structures; probabilistic seismic hazard evaluation, liquefaction and seismic
settlement evaluations, lateral spreading evaluation,
static and pseudo-static slope stability analyses,
pavement structural section evaluation/design, and
corrosion evaluation. Alahesh was selected because of
his experience with bike trails and pedestrian structures.

His project experience includes:

Orange County Public Works, OC Loop O, P, & Q –
Coyote Creek Channel, Orange County and Los
Angeles County, CA. Geotechnical Project Manager.

The project included a 2.7- mile new bikeway along the
Coyote Creek Channel, closing the gap between the
Coyote Creek Channel in Cerritos to La Mirada
Boulevard in Buena Park. The project improvements
included a single-span bridge over Coyote Creek, 30-
span bridge over UPRR, 20-span bridge over BNSF,
ground anchor wall, soldier/secant pile walls, MSE walls, tub wall, RCB culvert, BNSF underpass, standard
retaining walls, and new pavement structural sections.

Prepared Preliminary Foundation Report for Type
Selection, managed geotechnical field investigation,
provided earth pressure recommendations for retaining
walls, provided recommendations for bridges and wall
foundations, provided recommendations for pavement
structural sections in expansive soils, and prepared
Foundation Reports and Geotechnical Report.

City of Irvine, Venta Spur Trail Pedestrian
Overcrossing, Irvine, CA. Geotechnical Project
Manager. The project included a Class I bicycle and
pedestrian connection of the Venta Spur Trail across SR133 and Marshburn Channel. The proposed two-span bridge over SR-133 will be approximately 264-feet-long
and 17-feet-wide and will be supported on 16-inch and
24-inch CIDH piles. The proposed single-span bridge
over Marshburn Channel will be approximately 23-feetlong and 17-feet-wide and will be supported on 16-inch CIDH piles. In addition, four retaining walls and an
Overhead Sign are proposed. Prepared two Preliminary
241
A-18 APPENDIX A. RESUMES
Name | RESUME PG 2

RESUMES
Foundation Reports for Type Selection, managed
geotechnical field investigation, provided
recommendations for foundations, prepared three
Foundation Reports. Worked with Caltrans and TCA
reviewers to minimize the review time gaining approval of the Foundation Reports. This project was awarded the
2023 Outstanding Bridge Project by ASCE Orange
County.

City of Santa Monica, Beach Improvement Group
(B.I.G) Projects - Pier Bridge and Idaho Avenue
Pedestrian Overcrossing the California Incline, Santa
Monica, CA. Senior Staff Engineer. The project included the replacement of the California Incline Viaduct,
evaluation of the feasibility of widening/retrofitting the Pier Bridge, and replacement of the Idaho Avenue
pedestrian overcrossing the California Incline. Conducted field explorations, provided foundation recommendations, and prepared reports for preliminary and final design.

City of Irvine, Jeffrey Open Space Trail (JOST)
Pedestrian Crossing, Irvine, CA. Geotechnical Project
Manager. The project included a Class I bicycle and
pedestrian overcrossing connecting JOST across I-5, in
the vicinity of the I-5/Jeffrey Road interchange. The
proposed seven-span bridge will be approximately 1,190- feet-long and 21-feet-wide and will be supported on
driven steel HP 14x117 piles. In addition, retaining walls are proposed at both sides of abutments to support the
access ramp to the proposed bridge. Prepared
Preliminary Foundation Report for Type Selection,
managed geotechnical field investigation, provided
recommendations for foundations and pavement
structural sections, prepared Foundation Report and
pavement memo. Worked with the Caltrans Geotech
reviewer to minimize the review time, gaining approval of the Foundation Report on the second submittal, which
accelerated the geotechnical delivery.

City of Malibu, Las Flores Creek Pedestrian Bridge,
Malibu, CA. Staff Engineer. The project involved
construction of a new 100-feet-long single-span
pedestrian bridge. Reviewed existing information,
planned coordinated and conducted geotechnical field
investigation, assigned laboratory tests, created LOTB, generated design ARS curve, evaluated soil bearing
capacity, performed global stability analysis, and
prepared a Foundation Report.

City of Temecula, Santa Gertrudis Creek Phase II,
Temecula, CA. Geotechnical Project Manager. The
project proposes to eliminate the existing at-grade street crossing of the existing multi-use trail. Two retaining walls are proposed to accommodate this reconfiguration:
a Caltrans Type 5 wall is proposed on the channel slope and will be used to retain the new trail; a ground anchor wall is proposed below the existing Margarita Road UC
and is used to retain the abutment end slope. He
oversaw the field investigation and lab testing and
developed and provided design and construction
recommendations for ground anchor walls and Caltrans
Type 5 wall. A foundation report provided the design and construction recommendations.

City of Jurupa Valley, Pacific Avenue Pedestrian and
Bicycle Improvements Project, Jurupa Valley, CA.

Geotechnical Principal. The City of Jurupa Valley
proposes constructing new sidewalks, curb and gutters,
rehabilitating existing pavement, and widening the
existing roadway. Oversaw the field investigation and
pavement rehab recommendations prepared by EMI
staff. Reviewed the pavement memorandum.

SANDAG, Bayshore Bikeway Segments 4 and 5, San
Diego and National City, CA. Staff Engineer. The
project included constructing a continuous bikeway from southern downtown San Diego to National City. Planned,
coordinated, and conducted geotechnical field
investigation, performed double-ring infiltrometer in-situ test, and assigned laboratory tests. Estimated soil
infiltration rates, recommended pavement structural
sections, and prepared a technical memorandum.

City of Irvine, Jamboree Road Pedestrian Bridge,
Irvine, CA. Geotechnical Project Manager. The project
included a pedestrian bridge crossing over Jamboree
Road. The proposed single-span bridge will be
approximately 180-feet-long and 17-feet-wide and will be supported on driven 36-inch diameter CIDH piles.

Prepared Preliminary Foundation Report for Type
Selection, managed geotechnical field investigation,
provided recommendations for foundations, and
prepared Foundation Report.

City of Newport Beach, Superior Avenue Pedestrian
Bridge and Parking Lot Project, Newport Beach, CA.

Geotechnical Principal/Project Manager. The project
included a pedestrian and bicycle bridge and a new
larger parking lot. The proposed single-span thrust arch bridge is approximately 210-feet-long and 18-feet-wide
and will be supported on 78-inch diameter CIDH piles. In addition, seven retaining walls, stairway, and a parking lot are proposed. Managed geotechnical field
investigation, evaluated settlement and settlement period in organic soils and provided recommendations for
settlement mitigation, provided recommendations for
foundations, provided pavement structural sections, and prepared Geotechnical Report.

Alahesh Thurairajah, PE, GE, BC. GE | RESUME PG 2
242
THIS PAGE INTENTIONALLY BLANK 243

EXHIBIT C
244
245
To: Honorable Mayor and Members of the City Council
From: Clete Saunier, Public Works Director
Subject: MAIN ST / HARVARD BLVD / TELEGRAPH RD ROUNDABOUT

PROJECT DESIGN AWARD
Date: August 21, 2024
Agenda Item: 10.G

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and authorize the City Manager to execute an agreement with MNS Engineers, Inc. in an amount not to exceed $280,585.00 for professional design services for the Main St/Harvard Blvd/Telegraph Rd Roundabout Project;

2. Approve budget allocations as shown in Table 1 of the Staff Report for the Main St/Harvard Blvd/Telegraph Rd Roundabout Project.

BACKGROUND:

The Public Works Department has oversight over public streets, traffic signals, intersection controls, and related traffic safety and circulation City-wide. Population growth, development projects, and trends in traffic safety and technology require on-going innovation in the management of public right of way and related planning for capacity improvements. In addition, the City’s 2040 General Plan sets goals for improving traffic circulation and pedestrian safety, reducing greenhouse gases, and improving air quality. Telegraph Road functions as a primary entrance corridor to the City from the east, connecting new development at East Area 1, as well as inbound traffic from Hallock and State Route 126, to central portions of the City. A lack of traffic controls for westbound traffic from Hallock/126 and East Area 1 encourages higher rates of speed for vehicles, which conflicts with pedestrians attempting to cross the road near Main Street. Additionally, the intersection geometry of Harvard, Main and Telegraph is non-standard, and crosswalks and other pedestrian safety improvements have been limited due to sight-distance and prevailing speed considerations.

On November 16, 2022, staff provided a roundabout presentation to Council, which addressed a number of potential intersection locations for roundabouts within the City. Among those considered was the intersection of Main Street, Harvard Boulevard, and Telegraph Road.

There are several reasons why this intersection was evaluated and deemed viable including:

There is enough existing right-of-way to accommodate a standard 1-lane roundabout; This is a gateway location in the City and a segway onto Main Street leading into the City’s downtown business district;
246
The City recently acquired a property at the western side of the intersection, providing additional flexibility for design, and;
The intersection in its current configuration is difficult for pedestrians to navigate safely.

This project would support the adopted 2040 General Plan Circulation Element and is a good opportunity to advance the goals for improving traffic circulation and pedestrian safety, reducing greenhouse gases, and improving air quality while providing a more aesthetically pleasing gateway entry into the City.

ANALYSIS:

The specific work for the design phase includes developing a separate set of plans, specifications, and estimates for the project. The consultant is tasked with the following:

1. Project management including progress meetings, schedule, communications, coordination, quality assurance and quality control, and monthly invoicing.

2. Data gathering including site visits, preliminary investigations, permitting requirements, geotechnical investigation, and survey.

3. Public engagement including preparing presentations for up to three public meetings to convey the overall design concepts and seeking feedback.

4. Schematic design, including three design iterations prior to the final design.

5. Design development for construction bid-ready plans, specifications, and estimates.

6. Final design drawings.

7. Bid phase assistance.

A request for proposals (RFP) was issued on May 28, 2024, and closed on July 11, 2024. One consulting firm submitted a proposal. City staff, including the Interim City Engineer and Interim Deputy City Engineer reviewed and evaluated the proposal. The criteria used to evaluate this proposal is consistent with the City’s procurement policies and include items such as the bidder’s experience and ability, technical capability and project methodology, responses to the request for proposal for completeness to the requirements, and references with demonstrated success with similar work to the scope of service. The review team determined that MNS is a qualified consultant. MNS meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this consultant is capable of satisfactorily meeting the needs of the City.

STRATEGIC PLAN:

The Project supports the currently adopted Strategic Plan in achieving the following goals:

Infrastructure, Transportation & Mobility
Goal: Maintain and develop the City’s infrastructure to be safe, sustainable, innovative and cost-efficient.

FISCAL IMPACTS:

Funding for the contract with MNS is provided in the FY 2023-2025 capital improvement budget of $250,000.00 Main St/Harvard Blvd/Telegraph Rd Roundabout Project (9385) budget. An additional allocation of $30,585.00 is needed utilizing existing fund balance of the 247
Traffic Impact Fee Fund, as shown in Table 1.

Table 1: Budget Allocation Request for Roundabout Project (9385) Fund Source Account No. Available
Allocation
Request
Total
Traffic Impact
Fee Fund
229-5-9385-290 $250,000.00 $30,585.00 $280,585.00
OPTIONS:

The Council has the following available alternative options to staff’s recommendations:

1. Do not approve the agreement to MNS as recommended by staff, and direct staff to rebid the project. Doing so may not allow the Main St/Harvard Blvd/Telegraph Rd Roundabout Project to advance in a timely manner.

ATTACHMENTS:

Attachment 1 - MNS Engineers Agreement.pdf
248
ATTACHMENT 1
MNS Engineers Agreement
249
65283.00007\41133458.1
-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF SANTA PAULA

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA
AND MNS ENGINEERS, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of August 2024, by and between the City of Santa Paula, a municipal corporation organized under the laws of the State of California with its principal place of business at 970 Ventura Street, Santa Paula, CA 93060, County of Ventura, State of California ("City") and MNS Engineers, Inc., a California Corporation with its principal place of business at 201 N. Calle Cesar Chavez Suite 300, Santa Barbara, CA 93103 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing quality infrastructure consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Main St / Harvard Blvd / Telegraph Rd Roundabout project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional quality infrastructure consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 21, 2024 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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65283.00007\41133458.1
-2- PROFESSIONAL SERVICES AGREEMENT

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Eighty Thousand Five Hundred Eighty Five Dollars and no cents ($280,585.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City and included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a reasonably prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that 251
65283.00007\41133458.1
-3- PROFESSIONAL SERVICES AGREEMENT
it has the professional and technical personnel required to perform the Services expeditiously.

Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Brandon Reyes, Vice President - Transportation.

3.3.5 City's Representative. The City hereby designates Clete Saunier, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Brandon Reyes, Vice President - Transportation, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply 252
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with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 253
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All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.
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3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement that fall within the areas of disciplines that Consultant is in, provided that such coverage is commercially available and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with 255
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regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
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3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least ten (10) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, 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.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Consultant, City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or 257
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by virtue of this Agreement. Notwithstanding the foregoing, Consultant’s officials, officers, employees, agents, or volunteers may be held personally liable if so determined by a court of competent jurisdiction.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 258
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant agrees to defend (with 259
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counsel of City’s reasonable approval), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident in whole or in part, to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must 260
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include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: MNS Engineers, Inc.
201 N. Calle Cesar Chavez Suite 300
Santa Barbara, CA 93103
ATTN: Brandon Reyes, Vice President - Transportation
City: City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
ATTN: Clete Saunier, Public Works Director
Such notice shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named above; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named above; (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier; or (iv) on the date and time of delivery shown in the records of the transmitting party after transmission by facsimile machine or email to the recipient named above.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. With the exception of Consultant’s pre-existing concepts, materials, data and standard details (pre-existing Intellectual Property), This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").

Except for Consultant’s pre-existing Intellectual Property, all Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data 261
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following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, 262
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in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except 263
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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SANTA PAULA AND
MNS ENGINEERS, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF SANTA PAULA MNS ENGINEERS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Dan Singer
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

Julie Latshaw
City Clerk
266
65283.00007\41133458.1
Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES
267
July 11, 2024
Professional Engineering Services
for the Main Street / Harvard
Boulevard / Telegraph Road
Roundabout Project

PROPOSAL TO PROVIDE

CITY OF

SANTA PAULA
CISTP.240351
100 E. Thousand Oaks Blvd., Suite 105 | Thousand Oaks, CA 91360 | 805.692.6921 Office | mnsengineers.com 268

CITY OF SANTA PAULA

MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT COVER LETTER 2
July 11, 2024
City of Santa Paula
Attention: Tatiana Arnaout
970 E. Ventura Street
Santa Paula, CA 93060
SUBJECT: Proposal for Main Street / Harvard Boulevard / Telegraph Road Roundabout Project
CIP 9385
Dear Ms. Arnaout,
We appreciate the opportunity to submit this proposal for the Main Street / Harvard Boulevard / Telegraph Road Roundabout Project for the City of Santa Paula (City).

Since 1962, MNS Engineers, Inc. (MNS) has provided quality infrastructure consulting services to the transportation, water resources, and government markets throughout California. Our core services are civil engineering, construction management, and land surveying. MNS has provided many cities and counties with street landscaping design. MNS is pleased to present our qualified team to provide these key advantages:

Professional and Qualified Team
MNS understands our role is to work as a faithful agent on behalf of the City of Santa Paula and its staff. Our team is highly experienced in providing engineering services for street improvement and roundabout projects of similar scope to the Request for Proposal.

Leading the MNS team is Michael Ip, PE, QSD, Project Manager, with over 30 years of experience specializing in the design and management of transportation improvement projects. A seasoned, award-winning Principal Engineer, Michael is a natural leader known for completing fast-paced projects on time and on budget. Michael has served as Project Manager for past projects involving roundabouts and projects in the City of Santa Paula.

MNS DETAILS

LEGAL NAME
MNS Engineers, Inc.

FIRM OWNERSHIP TYPE
C-Corporation

YEAR FIRM ESTABLISHED
1962

CALIFORNIA DEPARTMENT OF

INDUSTRIAL RELATIONS
DIR No. 1000003564

CORPORATE OFFICE
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93103
805.692.6921 Office/Fax
mnsengineers.com

LOCAL OFFICE
100 E. Thousand Oaks Boulevard
Suite 105
Thousand Oaks, CA 91360
805.692.6921

PROJECT CONTACT
Michael Ip, PE
Principal Engineer
805.719.9807
[email protected]

AUTHORIZED SIGNATURE
Brandon Reyes, PE
Vice President
951.532.4510
[email protected]
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MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT COVER LETTER 3
Our specialty subconsultants, with whom we have worked with on similar projects, include L. Newman Design Group for landscape architecture, Kittelson & Associates, Inc. for roundabout peer review, TJW Engineering, Inc. for street lighting design, and Earth Mechanics, Inc. for geotechnical services.

Similar Project Experience
The MNS team has provided engineering and design services for many local street improvement projects involving roundabouts and circular intersections, including:
• West Calabasas Road Improvements Project, City of Calabasas • Dockweiler Drive Extension, City of Santa Clarita
• Olive Mill Road and San Ysidro Road at US-101 Interchanges, Santa Barbara County Association of Governments
• Santa Claus Lane Turnaround, Santa Barbara County Association of Governments
• Newhall Avenue Roundabout at Main Street, City of Santa Clarita • Ekwill-Fowler Extension and Roundabout, City of Goleta Local Office and Availability
Our team is available to respond immediately to meet the City’s project needs. Several of our MNS key staff and subconsultant key staff are based in Ventura County and appreciate the City's desire to improve infrastructure and maintain the quality of life that its residents enjoy.

In summary
MNS is confident our uniquely experienced and qualified team will provide quality services, ensuring successful project delivery to meet the City's expectations and goals. We look forward to continuing our working relationship with the City through this contract. Please contact me or Michael Ip with any questions you may have about our submittal. Thank you for your consideration.

Sincerely,
MNS Engineers, Inc.

Brandon Reyes, PE
Vice President

STATEMENTS
This proposal remains valid for
a 90-day period.

MNS attests we have no
interest, and shall not acquire
any interest, direct or indirect,
financial or otherwise, which
would conflict in any manner or
degree with the performance
of the services. MNS certifies to
the best of our knowledge, no
one who has or will have any
financial interest under this
contract is an officer or
employee of the City of Santa
Paula.
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MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT RFP FORM 4 271

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MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT SECTION 1. CONTENTS 5

CONTENTS
Section 1. Executive Summary 6
Section 2. Project Understanding 9
Section 3. Scope of Work 16
Section 4. Personnel 22
Section 5. Project Experience 25
Appendix A. Staff Resumes A-1
Appendix B. Tentative Schedule B-1
Appendix C. Agreement Exceptions C-1
SEPARATE – Cost Proposal
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1. Executive
Summary
1 SECTION
Executive Summary
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MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT SECTION 1. EXECUTIVE SUMMARY 6
SECTION 1

EXECUTIVE SUMMARY

FIRM QUALIFICATIONS
About MNS Engineers, Inc.

Established in 1962, MNS Engineers, Inc. (MNS)
provides quality infrastructure consulting services
to the transportation, water resources, and
government service markets throughout
California. Specializing in the core services of civil
engineering, construction management, and land
surveying, MNS' reputation has been built on clear
and direct communication and quality services.

We understand the technical, environmental, and
regulatory aspects that may be required for any
project. We are experienced and knowledgeable in
utility and multi-agency coordination. Our
engineering and technical teams stay current with
material and construction method developments
as well as public agency specification and code
requirements.

We offer in-depth project experience and a high
level of engineering design skill. We cover design
services for all project phases:
• Preliminary engineering studies
• Preparation of contract documents—plans,
specifications, and estimates (PS&Es)
• Plan check and peer review
• Stakeholders and utility coordination
• Pre-bid and bid phase assistance
• Permitting with counties, cities, Caltrans,
and other regulatory agencies
• Environmental regulations and permitting
• Funding requirements from federal, state,
and local resources
• Cost estimating
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VALUE OF SELECTING MNS
The value of our firm's services lies within our
complete alignment with the City's goals. We strive
for time and budget efficiency, as well as continual
progress by anticipating both common and
unique project issues with the ability to resolve
them efficiently. As a result, the City will receive
much more than just our high-quality services:

Roundabout and Intersection Experience
Our MNS team has extensive experience in
intersection alternative analysis, roundabout
design, street and roadway design, plan
production, specification writing, and cost
estimate preparation. The team highlights this
experience with several similar projects in
neighboring locales.

Qualified Responsive Team and Expertise
in Key Project Areas
MNS is known for the staff’s responsiveness as well
as their technical and practical expertise. Our
proposed team members have worked together
on various projects of similar scope. Each
individual provides valuable skills which
strengthen and enhance the team as a whole.

Public Outreach and Communications
MNS is experienced in holding public workshops
and collaborating with a variety of project
stakeholders. We use visual aids to communicate
project goals, concepts, and final plans to
advance stakeholder consensus.

Cost-Effective and Timely Approach
At MNS, our goal is the same as the City's goal—to
complete project objectives within the City's
budget and schedule. To achieve this shared goal,
we will utilize our expertise to maintain continuity
of the project through communication and
complete understanding of the project's progress,
while simultaneously determining best practices
needed to meet and/or exceed the City's budget
and schedule expectations. We provide creative
solutions to reduce costs and time schedules by
looking for ways to reduce custom work and the
amount of skilled-labor time and effort, whether in
the design stage or anticipating construction
challenges.

Team Readily Available
Our proposed team is readily available to support
the City's project needs in a prompt and timely
manner. Professional and responsible, we
understand the response time and availability are
important facets to succeed in this project.

SUBCONSULTANT PROFILES
L. Newman Design Group
Landscape Architecture
Headquartered in Westlake Village, L. Newman
Design Group (LNDG) has been a local landscape
architecture design firm for over 48 years. LNDG
prides itself in keeping current with environmental
conservation efforts, utilizing drought-tolerant
planting, weather-based central irrigation design,
solar power, recycled materials, and water
reclamation to create environments that can
sustain themselves for future generations.

Kittelson & Associates, Inc.

Roundabout Peer Review
Kittelson provides comprehensive transportation
engineering, planning, and research services to
government and private organizations. Founded in
1985, Kittelson is composed of around 300 skilled
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professionals and national experts across 25
offices, offering decades of progressive research
and technological innovation along with a diverse
portfolio of industry-leading work.

Kittelson is a national leader in the planning,
design, and operations of roundabouts. Their staff
has been involved in the feasibility study, peer
review, and/or final design of over 1,000 potential
or constructed roundabouts throughout the US
and Canada. They provide on-call services in each
of these areas to several state departments of
transportation. The firm led the most
comprehensive research study of roundabouts in
the US (NCHRP Report 572: Applying Roundabouts
in the United States), which gives the firm a
particular sensitivity to how American roundabout
users operate roundabouts and how they might
use roundabouts differently than what is seen
internationally.

TJW Engineering
Street Lighting
TJW Engineering (TJW), located in Irvine, California,
is a certified Small Business Enterprise specializing
in traffic engineering and transportation planning.

With over 20 years of experience in the industry,
TJW has designed and prepared hundreds of
traffic engineering design plans and
transportation planning studies to various public
agencies, contractors, developers, architects, civil
engineering firms, commercial and residential
developers, school districts, and community
associations throughout Southern California. TJW
services include preparation of PS&Es, plan check,
traffic impact studies, circulation analyses,
pedestrian facility design, safety studies, signal
operation analysis, and street lighting design, to
name a few.

Earth Mechanics, Inc.

Geotechnical Services
EMI is a geotechnical engineering consulting
company founded as a California Corporation in
February 1989. The firm specializes in major
geotechnical site investigations and testing,
seismic hazard and earthquake retrofit
evaluations, and foundation design for projects
related to transportation infrastructure. EMI has
planned, coordinated and conducted
geotechnical field investigations for numerous
local, regional and state funded projects that
included pavement condition survey and
pavement rehabilitation, and design and
construction recommendations for rigid and
flexible pavement sections. EMI has provided
geotechnical design services for structural
pavement design following the procedures
outlined in the California Highway Design Manual
including the Caltrans online flexible pavement
design software; CalFP and CalME. EMI has also
provided design recommendations for locally
funded projects using local pavement design
methodology, plans and specifications. EMI is
familiar with material and construction
specifications provided in both Caltrans Standard
Specification and the Greenbook.

With a staff of 38, EMI has offices located
throughout California. The headquarters is in
Fountain Valley in Orange County. Other offices
are in Corona, San Marcos, Hayward, and San
Bernardino. For this contract, work will be done
from the Fountain Valley office, which has a
Caltrans-certified soil testing laboratory and rock
laboratory.
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2. Project
Understanding

SECTION
2 Project Understanding
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SECTION 2

PROJECT UNDERSTANDING
The City of Santa Paula is proposing to improve
multimodal circulation and safety at the Main
Street / Harvard Boulevard / Telegraph Road
three-leg intersection. The existing roadway
geometry encourages excessive vehicular speeds
and lacks facilities for bicyclists and pedestrians
crossing the road.

As one of the primary ways for new development
east of Santa Paula Creek to access the city core
of Santa Paula, the Main Street / Harvard
Boulevard / Telegraph Road intersection has the
potential to serve as an eastern gateway to the
urban center of the City.

Given the four-lane configuration of the Harvard
Boulevard to Telegraph Road geometry, the low
traffic volumes, and the City’s recent acquisition
of the triangular parcel on the western side of the
intersection, the City is looking to reconfigure the
intersection into a roundabout. Roundabouts are
highly effective traffic control devices that use
engineering geometry to lower vehicle speeds
and increase visibility. This infrastructure will
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create safer conditions for drivers, bicyclists,
pedestrians, and other modes of transportation
alike. The proposed roundabout will include the
following safety elements for bicyclists and
pedestrians:
• Raised central island with gateway
monument
• Approach curves designed for vehicular
speed reduction prior to entry to the
roundabout
• Splitter islands with pedestrian refuge
• Street lighting
• Crosswalks
• Striping and signage, including advance
warning signage
In summary, the project elements will include:
• Roundabout
• New pavement and curb and gutter
• Modification of driveways
• Realignment of existing sidewalks
• Addition of bike lanes and multi-use path
• Extension of an existing sidewalk
• Intersection lighting
• Native plants landscape and irrigation
• Gateway monument

PROJECT BACKGROUND
On November 16, 2022, the City’s Public Works
Director conducted a presentation to the City
Council supporting roundabouts as a feasible
intersection alternative. In the supporting staff
memorandum, the concept of merging multilane
roads to a single-lane roundabout was
mentioned.

The East Area 1 (Harvest-Limoneira) development
will create additional trips that increase the traffic
demand.

The City’s General Plan 2040, Circulation Element
identifies Harvard Boulevard and Telegraph Road
to implement Class II bike lanes.

The project also looks to meet the following
General Plan objectives:

B. Economic Development, Objective 10:

Create a welcoming environment to attract
"drive-by" or "pass-through" traffic by
identifying or building out key locations,
access points, and traffic circle islands where
murals, landscaping, wayfinding signage, or
decorative fencing can be utilized.

C. Infrastructure, Transportation & Mobility,
Goal:

Maintain and develop the City’s infrastructure
to be safe, sustainable, innovative, and costefficient.

PROJECT APPROACH
Based on the project understanding, the MNS
workplan will concentrate on the following:
• Develop a safe roadway facility for
vehicles, bicyclists, and pedestrians;
• Develop a roadway that blends within the
local environment and community;
• Minimize right-of-way impacts;
• Minimize environmental impacts;
• Outreach and coordinate with
stakeholders;
• Provide a gateway monument to the City
downtown business district;
• Perform design services in timely fashion
to City’s project budget and schedule.

To meet these objectives, we will address the
following:
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MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT SECTION 2. PROJECT UNDERSTANDING 11
Roundabout Design
The proposed roundabout will conform to the
following design standards:
• City Street Design Standards
• FHWA National Cooperative Highway
Research Program (NCHRP) 1043 –
Roundabouts: An Informational Guide
• Caltrans Highway Design Manual, Section
405.10 Roundabouts
As we design the roundabout, we will need to
consider the following:
• Roundabout size
• Roundabout capacity analysis
• Vehicular fastest paths
• Intersection and stopping sight distances
• Pedestrians and bicyclists
• Design and accommodated vehicles
• Lighting
• Access Management
The existing right-of-way varies from 80 feet to
160 feet and therefore should fit a single-lane
roundabout with an inscribed circle diameter
range of 120 feet to 140 feet. Preliminary analysis of
the traffic volumes from the City’s General Plan
shows that a single-lane roundabout should be
appropriate for the intersection. Bypass lanes can
be considered based on the capacity of the
circulatory roadway.

The roundabout will need to be designed for
Valley Express bus turning movements, as there
are two fixed route bus lines that use this
intersection. The roundabout will need to
accommodate truck turning movements as each
leg of the intersection is a designated truck route
per the Circulation element of the City’s General
Plan.

The intersection slopes up rather severely to the
Santa Paula Creek bridge and may create
challenges in grading the roundabout. Additional
consideration should be given to the westbound
Telegraph Road approach to the proposed
roundabout regarding stopping sight distance
due to this grade.

Pedestrian Safety
The single-lane roundabout with enhanced
crosswalks will provide safe pedestrian crossing
facilities at the intersection. Due to the short
crossing distance, low vehicle speeds, reduced
conflict points, and engineered sight lines,
roundabouts are one of the safest facilities for
pedestrians to cross roadways. This is particularly
important with the Harvard Shelter, a major trip
generator, fronting the project. As shelter patrons
are less likely to have access to a motorized
vehicle, it is important that the project prioritizes
its pedestrian facility design.
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Bicycle Facilities
The City’s General Plan Circulation Element shows
Class II bicycle lanes on both Harvard Boulevard
and Telegraph Road. With ample parkway space
surrounding the roundabout and its approaches,
bicycle traffic can be ramped off the road within
and onto a pedestrian-level multi-use path.

Access Management
Several industrial businesses that utilize tractortrailers for their operations or deliveries front the intersection. The proposed roundabout design will
consider the various uses, design vehicles, and
various accommodations to ensure that
properties have driveway access to the public
right-of-way. While access will cause some
temporary traffic delays on the proposed
roundabout, preliminary calculations have shown
that the circulatory roadway has ample peak hour
capacity. Various strategies used on other
projects to mitigate access include driveways to
the circulatory roadway, splitter island cutthroughs, and right-in / right-out.

Driveway access into circulatory roadway, La Quinta, CA.

Photo from City of La Quinta.

Intersection Approach Design
The single-lane nature of the proposed
roundabout will require that the Harvard
Boulevard and Telegraph Road approaches be
merged into one lane. This will extend the project
limits to approximately 1000 feet beyond the
intersection as Manual on Uniform Traffic Control
Devices (MUTCD) standards require consideration
of transition taper length (L) and advance
warning sign placement (d) with respect to speed
and lane width.

Drainage
There are two catch basins on site that will require
relocation to the proposed curb line.

The Los Angeles and Ventura County Municipal
Separate Storm Sewer System (MS4) National
Pollutant Discharge Elimination System (NPDES)
permit requires that roadway projects of “ten
thousand square feet or more of impervious
surface shall follow USEPA guidance regarding
Managing Wet Weather with Green Infrastructure:

Green Streets (December 2008 EPA- 833-F-08-
009) to the maximum extent practicable.” With
the reduced roadway footprint of the roundabout,
the project has practicable opportunities to
implement BMPs. The green street elements to be
considered are:
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• Alternate street design
• Parkway swales and bioretention
• Sidewalk trees and tree boxes
Construction Phasing
Roundabout construction can be challenging as
the roundabout configuration is a significant
geometric departure from a conventional
intersection. Keeping the roadway operational
throughout construction will require careful
planning and phasing. Telegraph Road is one of
two critical roadway connections providing intracity connections across Santa Paula Creek.

Based on past project experience, potential
construction strategies may include:
• Construct only one side of the road at a
time;
• Perform night work since there are no
adjacent residential communities, and the
project could possibly close the
intersection and detour traffic to SR-126;
• Consider staging when building the
roundabout (e.g. construct the circulatory
roadway first, detour traffic on the outside,
then construct approaches);
• Detour the less-critical Main Street leg;
• Trench plating over driveway construction.

Aesthetics, Landscaping, and Gateway
Monument
The project is located within an industrial setting
of Santa Paula. As the City desires the intersection
to be a gateway, it will be important to properly
screen some of these facilities using vegetation.

There should be ample planting space to allow for
these plantings. The selected planting palette will
prioritize native and sustainable flora. In addition
to enhancing the aesthetic, landscaping and a
gateway monument will enhance the traffic
functionality of the roundabout; these elements
increase conspicuity while limiting sight distance,
two critical characteristics for the roundabout to
best limit vehicular speeds.

West Calabasas Road project: MNS and LNDG specified a
breakaway gateway monument sign for the central island of the roundabout for traffic safety.

Existing Facilities
Based on our initial review of the project, there are
sidewalk gaps between the intersection and the
Santa Paula Creek bridge. The project should seek
to fill these gaps to provide a continuous path for
pedestrians. This, combined with the City’s
concurrent Telegraph Road widening project,
should increase pedestrian connectivity to the
City core.

Utilities
The following utility companies/agencies
potentially have facilities within the project limits:
• Multiple communication companies
• Southern California Edison (SCE)
• City water, sewer, and storm drain
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The proposed grading on the roundabout should
seek to not cut into the existing road profile
drastically to avoid underground conflicts, such as
water lines, sewer lines, and a high-pressure gas
main. Similarly, the proposed design should best
accommodate existing utility poles.

Coordination with Other Projects and
Developments
On the east side of Santa Paula Creek, the City is
looking to widen the existing Telegraph Road
roadway from a two-lane road to a four-lane
road with buffered bike lanes and sidewalks. MNS
will look to coordinate with the designer of this
project.

There is currently a capital improvement project
at the Harvard Shelter, which is marked as
“Approved / Under Construction” on the City
Planning’s Active Projects portal.

Schedule
The City has indicated that it intends to issue a
Notice to Proceed in September 2024 and a 12-
month working schedule to complete plans,
specifications, and estimate. A tentative schedule
is provided in Appendix B.

SUMMARY
MNS is ready to deliver the following goals and
objectives for the project:
• Deliver a safe and functional single-lane
roundabout
• Improve pedestrian safety and connectivity
• Provide aesthetic appeal and gateway
monumentation into the City
• Fulfill City General Plan elements with
thorough and thoughtful design
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of Work

3. Scope

SECTION
3 Scope of Work
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SECTION 3

SCOPE OF WORK
The scope of services has been developed as a
roadway reconfiguration project.

TASK 1 Program Management
TASK 1.1 Project Management
MNS will prepare 11 monthly updates on the project
status and budget and coordinate all efforts of the
Project Team, including the City’s Public Works
Department and City Manager’s Office.

TASK 1.2 Project Kick-off Meeting
MNS will facilitate a kick-off meeting with City staff
to discuss the scope and parameters of the
project. MNS will prepare and distribute a meeting
agenda at least 3 days in advance and take
minutes for each meeting. We assume 2 hours for
this meeting, the meeting will be in person at the
City, and that the City will coordinate the venue.

TASK 1.3 Progress Meetings
MNS will attend 11 monthly in-person meetings to
discuss project progress. MNS will prepare and
distribute a meeting agenda at least 3 days in
advance and take minutes for each meeting. We
assume 2 hours for this meeting, the meeting will
be in person at the City, and that the City will
coordinate the venue. We assume this task
encompasses progress meetings after kick-off
through the design phase.

TASK 1.4 Project Schedule
MNS will update the project schedule prepared as
part of this proposal (Appendix B) within 2 weeks
of the project kick-off meeting. The project
schedule will cover preliminary design,
recommendations, design drawings,
specifications, construction cost estimate, bid
documents, and bid/award support services.

Deliverables
• Project Schedule
TASK 1.5 Project Communication
MNS will develop a communications protocol to be
followed by all team members to be submitted
within 1 week of receiving a Notice to Proceed. The
communication protocol will include standard
project communication, as well as emergency
communication protocols. All communication
through bid and construction phase services shall
be conducted through the City and not directly
with the bidders/contractor.

Deliverables
• Project Communications Protocol
TASK 1.6 Project Coordination
MNS will coordinate all of the services of
subconsultants including site visits, site
inspections, and will ensure coordination with the
City staff and other interested parties as outlined
by the City.

TASK 1.7 Monthly Invoicing
MNS will submit invoices on a monthly basis with
all supporting documentation in a format
acceptable to the City. Invoices requiring
amendment shall be dated according to when the
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revised invoice is delivered to the City. Invoices
shall be delivered electronically to the Project
Manager and to [email protected].

Deliverables
• Monthly Invoices
TASK 2
Data Gathering, Site Visit, and
Preliminary Investigations
MNS Team will review and assess existing data
and reports relative to the project and conduct
necessary site visits, investigations and analyses
required to identify and mitigate project issues
that could impact or be impacted by the project.

TASK 2.1 Data Gathering
MNS will request and review available City and
developer master plans, specific plans, record
drawings, reports, and studies within the project
limits.

MNS will use DigAlert to identify utility owners
within the project area, then do the following:
• Request utility atlases and drawings from
utility companies;
• Map existing utilities and send to the utility
owners for verification;
• Coordinate and send utility relocation
letters to utility owners with conflicts to the
proposed improvements;
• Develop a utility matrix to track the utility
coordination process.

MNS will perform a field review to document the
project site with photos and identify potential
project issues and conflicts.

TASK 2.2 Survey and Mapping
MNS will perform field surveying and mapping
services in support of the proposed roadway
improvements. Control will be established on the
appropriate NAD83 horizontal and NAVD88 vertical
datum. Ground surveys will be performed along
Main St, Harvard Blvd, and Telegraph Rd
approximately 400 feet in all directions from the
intersection (approx. 1,200 LF). Survey limits also
include the city property recently acquired west of
the project site. Ground survey features include
hardscape, structures, walls, fences, drainage
structures, trees, signs, striping, and observable
utilities. MNS will prepare a topographic base map
in AutoCAD at a scale of 1”=20’ with 1’ contour
intervals.

MNS will locate monuments to establish right-ofway boundaries within the applicable project limits. Retraced boundaries to include city and
applicable private property boundaries.

Retracement will be based on a best fit of found
monuments and record map data. Research
includes all available records from the City and
County of Ventura including vesting deeds to
define property boundaries. Adjacent property
boundaries will be established using record
distances if monuments are not available. MNS will
make an effort to identify and locate record
monuments within the footprint of the design
limits. This will assist in budgeting and planning for
monument preservation either handled by MNS or
other survey firm during construction.

TASK 2.3 Geotechnical Investigation
MNS team member, Earth Mechanics, Inc., will
provide pavement structural sections and soil
infiltration test results for the design and
construction of the planned street improvement.

All phases of the geotechnical site evaluation will
be conducted under the supervision of a California
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state-registered geotechnical engineer. EMI’s
scope of services will include the following:

Geotechnical Investigation
EMI will collect surface bulk samples (less than 5-
foot deep). One double-ring infiltrometer test will
be performed in accordance with ASTM D‑3385
utilizing a TurfTec International 24-inch diameter
device to measure soil infiltration rate. The 24-inch
diameter and 12-inch diameter rings, one inside
the other, will be driven into the ground. The rings
will be partially filled with water and maintained at
constant level. The volume of water added into the
outer ring and inner ring to maintain the constant
level will be recorded with time. Two sets of flow
quantity versus time readings will be taken at the
same test location until a trend in flow rate is
developed. EMI will prepare a boring location plan
and this plan will be used to secure encroachment
permit from City of Santa Paula. Any other permits,
if required, will be secured by others.

Soil Laboratory Testing
Soil laboratory tests will be conducted in general
accordance with American Society for Testing and
Materials (ASTM) standards or California Test
methods. Anticipated laboratory tests include: Rvalue, #200 wash, and Atterberg Limits.

Memo Preparation
Based on the R-value test results and the Traffic
Index (TI) provided by MNS/City of Santa Paula, EMI
will determine pavement structural sections. EMI
will prepare a technical memorandum to provide
R-value tests result, recommended pavement
structural sections, and soil infiltration testing
results. EMI will address any comments resulting
from the City of Santa Paula review and prepare a
final technical memorandum.

Assumptions
EMI assumes the following:

1. Geotechnical Investigation is allowed
between 8 AM and 5 PM on weekdays.

2. No investigation of hazardous materials. If
hazardous materials are encountered
during the geotechnical field investigation,
EMI will terminate our work and notify MNS.

3. No Environmental clearance for
accomplishing the field work will be
required.

4. No proposed retaining walls, sound walls, or
culverts.

5. No permit fees are assumed.

6. Well permits are not required for
geotechnical borings or infiltration testing.

7. Traffic control is not required for the field
investigation.

8. Pavement rehabilitation recommendations
are not included.

TASK 3 Traffic Analysis
MNS will develop a basis-of-design memorandum
including a basis of the analyses used in the
roundabout design, design vehicle, geometric
design and preliminary sizing, traffic capacity,
intersection level of service, and multimodal
considerations. The City’s 2040 General Plan will be
used as the basis for traffic volumes.

Deliverable
• Traffic Basis of Design Technical
Memorandum
• Traffic Basis of Design Technical
Memorandum peer review
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TASK 4 Schematic Design
The MNS team will prepare a refined site
schematic design based on the data collection
and traffic analysis of the project, and will include
the following:
• Schematic Plan (Colorized Strip Map at
1”=20’ scale) with preliminary locations of
City monument, planting areas, stormwater
permanent BMPs, and lighting fixtures
• 3-D Renderings at 3 key locations
• Planting Palette
• Irrigation needs, feasibility, and resources
• Street lighting fixture selection
• Preliminary cost estimate
In this task, the MNS team will facilitate the first of two creative design workshops. In the first iteration,
the MNS team will prepare up to three design
study alternatives to be reviewed by City
stakeholders. The City will choose a preferred
alternative to be further developed in the second
and third iterations. The third iteration will yield the final schematic design. After the third iteration,
MNS will facilitate the second creative design
workshop in anticipation of the 70% design.

Deliverables
Electronic PDF and one poster board
• Schematic Plan
• Planting Palette
• 3-D Renderings at three key locations
TASK 5 Design Development
The MNS team will develop a design based on the
input received from the City from the Schematic
Plan phase. Plans, specifications, and estimate will
be prepared at a 70% completion level, signed and
sealed by the respective State of Californiaauthorized professional. Plans will include:
• Title Sheet and General Notes (2 sheets)
o Title Sheet, vicinity and location maps,
contacts, sheet index
o General notes, symbols, abbreviations,
legend, and key map
• Demolition and Utility Disposition Plan (1
sheet, 1”=20’ scale)
• Typical Sections (1 sheet)
• Street Improvement Plan (1 sheet)
• Roundabout Control and Profiles
(4 sheets, 1”=20’ scale)
• Construction Details (Curb Ramps,
Stormwater BMP details, Roundabout
details) (4 sheets)
• Signing and Striping Plan and Details
(2 sheets, 1”=20’ scale)
• Stage Construction Plan
(8 sheets, 1”=20’ scale, double-stacked)
• Street Lighting Plan and Details (2 sheets)
• Planting Plan (1 sheet)
• Irrigation Plan (1 sheet)
• Landscape Details (3 sheets)
The MNS team will prepare plans using AutoCAD
2018 or later.

After the 70% milestone submission, the
roundabout design will undergo third-party review
by Kittelson.

MNS will prepare an estimate of probable
construction cost, showing bid quantities, unit
prices, and total costs.

MNS will prepare full specifications based on the
Standard Specifications for Public Works
Construction.
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Deliverables
Electronic PDF, three hard copies on 24”x36” bond
paper
• 70% Plans
Electronic PDF, three hard copies on 8.5”x11” bond
paper
• 70% Specifications
Electronic PDF
• 70% Roundabout peer review
TASK 6 Final PS&E
TASK 6.1 90% Design
TASK 6.2 Final Design
The MNS team will update the design based on the
input received from the City from the Design
Development phase (70% construction
documents) to prepare plans, specifications, and
estimates at 90% and 100% (Final) completion
levels.

After the 90% milestone submission, the
roundabout design will undergo third-party review
by Kittelson.

Deliverables
Electronic PDF, three hard copies on 24”x36” bond
paper
• 90% Plans
Electronic PDF, three hard copies on 8.5”x11” bond
paper
• 90% Specifications
Electronic PDF, three hard copies on 24”x36” bond
paper, three hard copies on 11”x17” bond paper,
and AutoCAD 2018 files
• Final Plans
Electronic PDF, three hard copies on 8.5”x11” bond
paper
• Final Specifications
Electronic PDF
• 90% Estimate
• Final Estimate
• 70% Comment Review Responses, as
incorporated in the 90% submittal
• 90% Comment Review Responses, as
incorporated in the Final submittal
• 90% Roundabout peer review
TASK 7 Bid Phase Services
MNS will assist the City and provide design support
services during the project advertisement, bid, and
award period.

MNS will provide a written response to questions
within two (2) business days of questions received
during the bidding period. The responses will be
provided in short memorandum format with the
question and response shown.

MNS will attend and participate in the mandatory
pre-bid meeting.

MNS will incorporate all addenda issued during the
bid period into a conformed set of contract
documents.

TASK 8 Construction Phase Services
TASK 8.1 Preconstruction Meeting
The MNS team will attend and participate in one
pre-construction meeting.

TASK 8.2 Project Progress Meetings
MNS will attend and participate in Project Progress
Meetings as needed by the City with the City and
the Construction Manager to discuss the status of
the Project and potential Project issues. We will
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budget two hours for each Project Progress
Meeting, and one hour travel time to and from
meeting for a total of three hours. We will budget
for six meetings over a twelve-month duration of
the construction phase.

TASK 8.3 Submittal Review
The MNS team will review all shop drawing and
material submittals from the contractor. We will
budget for a total of 20 submittals with three hours
for the first review and 1.5 hours for resubmittals,
assuming 25% of submittals will require
resubmittals.

TASK 8.4 Change Order Review
MNS will review all change order requests
submitted by the construction contractor and
make a formal statement regarding entitlement
and the merit of the contractor’s request. We will
budget for three change order requests with eight
hours for each.

TASK 8.5 Project Close-out
We will assist in the development of Project punch
lists and coordinate the delivery of all Projectrelated documentation.

TASK 8.6 Record Drawings
The MNS team shall prepare record drawings
within 30 calendar days of receipt of contractor
redlines.

Deliverables
Electronic PDF, three hard copies on 24”x36” bond
paper, and AutoCAD 2018 files
• Record Drawings
Assumptions
• Environmental clearance will be by the City.
• Project is entirely within right-of-way and
recently acquired City parcel (APN
101026014). Easements will not be required.
• No permitting will be required from Ventura
County.
• No water collection and reuse will be
required.
• Survey and mapping do not include the
cost of underground utility location.
• Right-of-way survey does not include title
report acquisition, monument preservation,
or filing of a Record of Survey with the
County of Ventura.

Optional Tasks
Stormwater Pollution Prevention Plan
Preparation
MNS can prepare a Stormwater Pollution
Prevention Plan (SWPPP) in accordance with the
2022 Construction General Permit. The SWPPP
would include supporting Temporary Water
Pollution Control (TWPC) Plans. A preliminary
analysis shows that the project is most likely to be
a Risk Level 1 project.

Deliverable
• Stormwater Pollution Prevention Plan
Stage Construction Plans
MNS can prepare stage construction plans to help
the Contractor foresee staging requirements. We
assume construction can be completed in 4
phases, with 2 sheets per stage.

Deliverable
• Stage Construction Plans at 70%, 90%, and
100% completion levels (8 sheets)
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4. Personnel

SECTION
4 Personnel
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SECTION 4

PERSONNEL

PROFESSIONAL AND QUALIFIED TEAM
The key to a successful project is a highly qualified and well-managed team. MNS offers the City a cohesive, talented team of licensed and certified professionals while keeping these key objectives in mind: quality service and project deliverables, time and budget efficiency, adherence to quality assurance standards, constant communication, and application of technical and practical expertise.

This section summarizes all staff experience and qualifications. Full resumes are provided in Appendix A.
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KEY STAFF QUALIFICATIONS
32 Years of
Experience
PE License, CA Civil
43671
Michael Ip, PE, QSD | Project Manager
Mr. Ip is a Principal Engineer with 32 years of experience specializing in the design and management of transportation facilities and capital improvement projects. Michael’s technical experience includes all project phases, including project reports, planning, design, and construction management. His management experience includes oversight and direction of technical professionals, client liaison, quality control, subconsultant coordination, public outreach and resources allocation to ensure the timely delivery of project deliverables. At MNS, Michael serves as Principal Engineer and Project Manager specializing in transportation projects in the Ventura County and Los Angeles County markets.
8 Years of
Experience
PE License, CA Civil
92519
Sam Potts PE, QSD/QSP | Assistant Project Manager / Senior Project Engineer Mr. Potts is a Senior Project Engineer within the Civil Engineering, Transportation Engineering Division with eight years of experience. He takes a very visual approach to design, using three-dimensional computer modeling to help accurately understand each challenge and develop creative and innovative solutions. Sam’s approach is to place himself throughout the project, from analyzing existing problems, anticipating construction challenges, and creating safe and accessible multimodal corridors.
48 Years of
Experience
PLA License, CA
2464
Robert Bombardier, PLA | Principal Landscape Architect (LNDG) Mr. Bombardier is a principal owner of L. Newman Design Group and is responsible for the overall business design development, client relations, scheduling, land planning, production, site inventory, landscape design, technical support, irrigation hydraulics, drainage design, plan review, cost estimating, bid specifications, construction reviews, agency submittals construction management and documentation.
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Supporting Team Qualifications Summary
Name / Role Firm Education / Certifications Years
Exp
Brandon Reyes, PE
Principal-in-Charge,
Vice President
MNS
• Professional Civil Engineer, CA No. 79226
• BS, Civil Engineering, California Polytechnic State University, Pomona
16 Shawn Kowalewski, PE*
Principal Engineer, Quality
Control / Quality Assurance
MNS • Professional Civil Engineer, CA No. 59539
• BS, Civil Engineering, Syracuse University, NY 28
Gabriel Do-Reynoso, PE
Senior Project Engineer MNS
• MA, Mathematics, University of California, Berkeley
• BS, Civil Engineering, California State University, Fresno • BA, Mathematics, University of California, Santa Cruz 23 Robert Wilcox, EIT
Project Engineer MNS • BS, Civil Engineering, California State University, Northridge 9 Caleb Frahm, EIT
Associate Engineer MNS • BS, Civil Engineering, California Polytechnic State University, San Luis Obispo 3 Marlon Yanez
Assistant Engineer MNS • BS, Civil Engineering, California Polytechnic State University, Pomona 2 Ryan Braddock
Principal Landscape
Architect
LNDG • Bachelor of Architecture, California Polytechnic State University, San Luis Obispo 25
Lee Rodegerdts, PE*
Roundabout Peer Review
Principal
Kittelson
• Professional Civil Engineer, CA No. 58194
• Professional Engineer, AK, AZ, CO, FL, GA, IA, ID, KS, MD, MN, MT, NE, OR, PA, and WA
• MS, Georgia Institute of Technology
• BS, University of California, Berkeley
31 Jacki Smith, PE*
Roundabout Peer Review
Engineer
Kittelson
• Professional Civil Engineer, OR 96858
• ODOT Traffic Signal Inspector, No. 51195
• BS, Civil Engineering, University of Wisconsin – Madison 7 Thomas Wheat, PE, TE*
Street Lighting Engineer TJW
• Professional Civil Engineer, CA No. 69467
• Traffic Engineer, CA No. 2565
• BS, Civil Engineering, Clemson University, SC
29 Alahesh Thurairajah, PE, GE*
Geotechnical Engineer
Earth
Mechanics
• Professional Civil Engineer, CA No. 81439
• Geotechnical Engineer, CA No. 3123
• Board-Certified Geotechnical Engineer, Certificate No. 01457, ASCE
• BS, Civil Engineering, University of California, Los Angeles • MS, Civil Engineering, California Polytechnic State University, Pomona
15 *Resume provided in Appendix A.
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5. Project
Experience

SECTION
5 Project Experience
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SECTION 5

PROJECT EXPERIENCE
West Calabasas Road Improvements,
City of Calabasas
Project Reference Tatiana Holden, PE Deputy Public
Works Director
[email protected]
100 Civic Center Way
Calabasas, CA 91302
818.224.1674
Dates Design: 2022-2024
Relevant Firms MNS, Kittelson, LNDG, TJW, Gorian
Project Manager /
Engineer-of-Record
Michael Ip, PE /
Sam Potts, PE
This $4M project will reconfigure the West
Calabasas Road-Mureau Road intersection to a
roundabout. The proposed configuration will
reduce errant vehicle departures. The roundabout
includes landscaping, street lighting, drainage
modifications, stormwater BMPs, hillside grading,
retaining walls, and driveway access
management. The project will also add a median
divider and sidewalk for the eastern leg of West
Calabasas Road. Challenges include steep
roadway grades, managing underground utilities
to final grades, avoiding relocations of SCE
transmission poles, the adjacent Caltrans bridge
structure, and right-of-way constraints.

MNS provided preliminary and final design
services for the roadway and roundabout design
and topographic and right-of-way surveying.

Dockweiler Drive Extension Project,
City of Santa Clarita
Project Reference Carla Ann Callahan, PE Senior
Engineer
[email protected]
23920 Valencia Boulevard Suite 300
Santa Clarita, CA 91355
661.286.4130
Dates Design: 2019-2021
Relevant Firms MNS, Kittelson
Project Manager /
Engineer-of-Record
Michael Ip, PE
This $33M project will extend Dockweiler Drive
from its current terminus west of Valle del Oro to
Railroad Avenue (approximately 1 mile). The
project will provide a new north-south connection
for the City, a new entrance to The Master’s
University (TMU), and a secondary emergency
access point for the Placerita Canyon community.

The roadway extension and widening will go
through an existing railroad crossing on 13th
Street, business district, hilly terrain, and TMU
property.

Preliminary engineering services include traffic
modeling, intersection analysis, and roadway
alternatives. Final engineering services include
roadway, multi-use path, and roundabout design,
retaining walls and bike bridge, railroad crossing
and permitting, traffic signals, street lighting,
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landscaping, storm drains and stormwater BMPs,
utility relocation, mass grading, environmental
permitting, right-of-way acquisition support, and
extensive public outreach.

Olive Mill Road and San Ysidro Road at US 101
Interchanges, Santa Barbara County Association
of Governments
Project Reference Fred Luna, Program Manager
[email protected]
260 N. San Antonio Road, Suite B
Santa Barbara, CA 93110
805.961.8926
Dates Design: 2021-2023
Relevant Firm MNS
Project Manager Shawn Kowalewski, PE
SBCAG and Caltrans are collaborating to deliver
30 lane-miles of new HOV lanes along US-101
between Carpinteria and Santa Barbara. Segment
4D will add 1.5 miles of this master plan through
Montecito. With funding available on a limited
basis, SBCAG identified ramp improvements to be
completed prior to the Segment 4D mainline
widening. These improvements included
reconfiguring the geometrically challenging 5-
and 6-leg intersections of on-ramps, off-ramps,
overcrossings, and frontage roads to roundabouts
at San Ysidro Road and Olive Mill Road.

Notable engineering components included noncircular geometries and the use of continuously reinforced concrete pavement in the circulatory
roadway.

Santa Claus Lane Turnaround, Santa Barbara
County Association of Governments
Project Reference Fred Luna, Program Manager
[email protected]
260 N. San Antonio Road, Suite B
Santa Barbara, CA 93110
805.961.8926
Dates Design: 2013-2023
Relevant Firm MNS
Project Manager /
Engineer-of-Record
Shawn Kowalewski, PE
As part of a $13M bike path project connecting
Santa Claus Lane to Carpinteria Avenue, a new
vehicular turnaround was built at Santa Claus
Lane terminus / US-101 on-ramp to improve
access to the bikeway and to provide a safe and
legal location for street traffic to turn around
without entering the freeway. This feature was
brought into the bike path project early due to the
close coordination needed with Caltrans for
construction, and to reduce construction and
traffic impacts during construction.

MNS provided project management,
transportation engineering, development of
alternatives, alternatives analysis, project report,
and design standard decision document, traffic
safety system guidance exception approval,
intersection control evaluation (ICE), and many
other design documents to support the project.

MNS also provided survey services.

The project was recognized by the California
Transportation Foundation as a 2024 Active
Transportation Project of the Year.
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Newhall Road Roundabout at Main Street,
City of Santa Clarita
Project Reference Joel Bareng, City Traffic Engineer
[email protected]
23920 W. Valencia Blvd. Suite #300
Santa Clarita, CA 91355-2196
661.286.4179
Dates Design: 2011-2014
Relevant Firm MNS
Project Manager Shawn Kowalewski, PE
This project created a main gateway to the
historic Old Town Newhall commercial district and
optimized vehicular traffic flow with traffic
calming and pedestrian safety measures of this
busy intersection through the design of a singlelane roundabout. The project included relocation of numerous utilities and other infrastructure.

Special challenges for this project were potential
encroachment on private land and preserving
large trees on nearby park property. MNS provided
preliminary and final engineer design for the
roundabout, as well as topographic and right-ofway surveying. The project was recognized with two awards by the APWA Los Angeles chapter for
Project of the Year and Best Improvements for
Traffic Safety.

Ekwill-Fowler Extension and Roundabout,
City of Goleta
Project Reference Charlie Ebeling, Director of Public
Works
[email protected]
130 Cremona Drive
Goleta, CA 93117
805.961.7569
Dates Design: 2012-2023
Relevant Firm MNS
Project Manager /
Engineer-of-Record
Shawn Kowalewski, PE
This $16.7M project provided design for two new
roadway corridors (Ekwill Street and Fowler Road)
with two new roundabouts to improve traffic flow
within the City of Goleta between State Route 217
and the Santa Barbara Municipal Airport. This
project also included two new roundabouts at the
Hollister Avenue and State Route 217 interchange.

In total, the four roundabouts and the 1.7 miles of
combined length of corridor improvements will
enhance and improve Old Town Goleta. MNS
engineering services included complete roadway,
roundabout and traffic signal design for the Ekwill
Street extension; plans, specifications, and
construction cost estimates; storm drainage and
stormwater treatment design; street lighting and
utility coordination.

MNS provides preliminary and final engineering
design, right-of-way surveying, and construction
staking.
299
A. Staff
Resumes

APPENDIX
A
Staff Resumes
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APPENDIX A

STAFF RESUMES
Name Role Firm PG
Michael Ip, PE, QSD
Principal Engineer /
Project Manager MNS A-2
Shawn Kowalewski, PE
Principal Engineer /
Quality Assurance and Quality Control
MNS A-4
Sam Potts, PE, QSD/QSP Senior Project Engineer /
Assistant Project Manager MNS A-6
Gabriel Do-Reynoso, PE Senior Project Engineer MNS A-8
Shane Sobecki, PLS, EIT Principal Surveyor MNS A-10
Lee Rodegerdts, PE Roundabout Peer Reviewer Principal Kittelson A-12 Jacki Smith, PE Roundabout Peer Reviewer Engineer Kittelson A-13 Robert Bombardier, PLA Principal Landscape Architect LNDG A-14 Thomas Wheat, PE, TE Street Lighting Engineer TJW A-15
Alahesh Thurairajah, PE, GE Geotechnical Engineer EMI A-16 301
Michael Ip, PE, QSD | RESUME PG 1
RESUMES A-2
Michael Ip, PE, QSD
Project Manager
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Roadway, highway, and interchange design
 Transportation planning
 Traffic engineering
 Drainage and flood control facilities
 Construction and project management
 Caltrans
Years of Experience
 30
Licensing
 Professional Civil Engineer, CA No. 43671
Certification
 Qualified SWPPP Developer, CA No. 43671
Education
 MS, Construction Management, University of California, Berkeley, CA
 BS, Civil Engineering, University of California, Irvine, CA Affiliations
 American Council of Engineering Companies
 American Public Works Association
 American Society of Civil Engineers
Awards
 2022 APWA Ventura County Project of the Year, Conejo
School Road and Willow Lane Bike Lane and Sidewalks
 2020 APWA Ventura County Project of the Year,
Thousand Oaks Boulevard Streetscape
 2019 APWA Ventura County Project of the Year, Westlake Boulevard (State Route 23) Sidewalk and Bicycle Lane
Improvements Project
 2017 APWA/ASCE Project of the Year, Donlon Road
Realignment
 2017 ACEC California Engineering Excellence Merit,
Colorado Esplanade
 2012 APWA Ventura County Project of the Year, California State University Channel Islands Entrance Road
Improvements
 2010 ACEC California Engineering Excellence Merit,
Fillmore Water Recycling
 2010 APWA Ventura County Project of the Year, Lewis
Road (State Route 34) Widening State Segment
 2007 APWA Ventura County Project of the Year, Lewis
Road Widening
Mr. Ip is a Project Manager with 30 years of experience specializing in the design and management of
transportation facilities and capital improvement projects.

Michael’s technical experience includes all project
phases, including project reports, planning, design, and construction management. His management experience
includes oversight and direction of technical
professionals, client liaison, quality control, subconsultant coordination, public outreach, and resources allocation to ensure the timely delivery of project deliverables. At
MNS, Michael serves as a Project Manager and Principal
Engineer specializing in transportation projects. His
experience includes:

Dockweiler Drive Extension, City of Santa Clarita,
CA. Project Manager. The City of Santa Clarita proposes to construct a $30M Secondary Arterial—Dockweiler
Drive from Sierra Highway to Railroad Avenue.

Preliminary engineering services include community
outreach, traffic modeling, roundabout analysis and
simulation, intersection, and roadway and bikeway
alternatives. Final engineering services include roadway, design following LACDPW LID Standards Manual,
bikeway and roundabout design, traffic calming,
railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage, and stormwater
treatment, mass grading, environmental permitting, and
public outreach.

Santa Claus Lane Class I Bike Path, Santa Barbara
County Association of Governments, CA. Project
Engineer. This 4,000-foot-long bike path will provide a crucial link in the Coastal Trail system in the City of Carpinteria and County of Santa Barbara including a
turnaround which is based on roundabout guidelines at
the Santa Claus Lane on-ramp to US 101. Due to the
constraints of the US 101, Union Pacific Railroad right-ofway, and wetlands—the proposed bike path will require a soldier pile retaining wall and custom guardrail to
complement the scenic corridor. The project must meet
the requirements of Local Coastal Plans from both the
City of Carpinteria and the County of Santa Barbara.

Unique, environmentally sensitive design alternatives are required. The project involves coordination with the
Santa Barbara County Association of Governments
(SBCAG), City, County and permitting agencies; design
exception fact sheets; project report; stormwater data
report; and final design.
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Michael Ip, PE, QSD | RESUME PG 2
RESUMES A-3
Ekwill Street and Fowler Road Extensions and
Roundabouts, City of Goleta, CA. Project Engineer.

This $16.7M project designs two new roadways, Ekwill
Street and Fowler Road, including two new roundabouts
to improve traffic flow within the City of Goleta between State Route 217 and the Santa Barbara Municipal
Airport. Hollister Avenue at State Route 217 will be
reconstructed to install two new roundabouts at the
Hollister Avenue and State Route 217 interchange. In
total, the project involves four roundabouts and 1.7 miles of corridor improvements. MNS transportation and traffic engineering staff provide complete roadway and
roundabout design; plans, specifications, and
construction cost estimates; drainage analysis and
stormwater quality design; traffic control; Stormwater
Pollution Prevention Plan (SWPPP); coordination with
environmental and permitting agencies; and utility
coordination for the entire project. Internal and external coordination of this project is paramount for success. The project is located in and crosses through many
jurisdictions such as City of Goleta, City of Santa
Barbara, County of Santa Barbara, California Coastal
Commission, California Department of Transportation
(Caltrans), and Federal Aviation Administration (FAA)
flight path.

Kanan Road and Agoura Road Roundabout, City of
Agoura Hills, CA. Project Manager/Engineer. The City
of Agoura Hills received Measure R funding for this
$2.5M project to designed a roundabout at the
intersection of Kanan Road and Agoura Road.

Roundabout location is in close proximity to the Kanan
Road/US 101 interchange; therefore, it was imperative
that the peak hour queue would not affected the
interchange operation. Kanan Road is a four-lane major
thoroughfare in the City with heavy peak hour traffic;
therefore, a two-lane roundabout with right turn bypass for southbound Kanan Road to westbound Agoura Road
was required. This intersection also served as the
gateway to the City from the Pacific Coast Highway;
therefore, landscaping and aesthetics was important. The City’s major business districts are located north of
Agoura Road and proposed developments are planned
to the south. Responsibilities included final design,
public outreach and LACPW permit.

Conejo School Road and Willow Lane Sidewalk and
Bike Lanes Project, City of Thousand Oaks, CA.

Project Manager. The City of Thousand Oaks received
Active Transportation Program (ATP) and Congestion
Mitigation and Air Quality (CMAQ) funding to improve
pedestrian and bicyclist safety along 1.1 miles of Conejo School Road and Willow Lane. Engineering services
consist of preliminary and final design, environmental
document, and property services for roadway widening,
retaining walls, reconstruction of private driveways,
sidewalk and sidewalk infill construction, bicycle and
traffic lane striping and markings, curb ramp construction and pavement rehabilitation, pedestrian activated
signals, storm drain improvements, stormwater treatment facilities and landscaping. Critical elements to project success encompass reconstruction of multiple private
driveways and retaining walls—requiring temporary
private property access and easements to construct the
proposed pedestrian and bicyclist facilities.

El Segundo Boulevard Improvements, City of El
Segundo, CA. Project Manager. El Segundo Boulevard
is a major six-lane east-west arterial with a landscaped median from Isis Avenue to Pacific Coast Highway
(PCH). West of PCH, El Segundo Boulevard is a fourlane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. El Segundo Boulevard will require
Americans with Disabilities Act (ADA) compliant curb
ramps and adequate pedestrian crossings at the
intersections of Illinois Street, Douglas Street, Nash
Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including bicycle detection. The present deficiencies and the high volume of vehicles during peak hours create adverse
conditions for cyclist and pedestrian users. The project will also enhance bicycle circulation with Class II, III, and IV facilities along all project segments.

Harvard Boulevard Improvements, Sanitary Sewer
Main, Peck Road to Elizabeth Court, City of Santa
Paula, CA. Principal Engineer. As part of replacement
and upgrade of the existing sewer and water
infrastructure along Harvard Boulevard and residential
side streets, MNS also provided plans for pavement
rehabilitation along all affected streets, including
reconstructing 22 curb ramps and upgrading the Harvard
Boulevard-Peck Road traffic signal. (2016-2018)
303
Shawn Kowalewski, PE | RESUME PG 1
RESUMES A-4
Shawn Kowalewski, PE
Principal Engineer / Quality Assurance and Quality Control Firm
 MNS Engineers, Inc.

Areas of Expertise
 Roadway and bridge design
 Geometrics
 Waterlines and sewer lines
 Project management
 Caltrans
Years of Experience
 28
Licensing
 Professional Civil Engineer, CA No. 59539
 Professional Civil Engineer, WA No. 41537
Certification
 California Emergency Management Agency (OES) Safety
Assessment Program
Education
 BS, Civil Engineering, Syracuse University, NY
Professional Development
 Caltrans Resident Engineer Academy
Affiliations
 American Public Works Association
 American Society of Civil Engineers
 American Society for Testing and Materials, Technical Committees: A01-Steel, Stainless Steel and Related
Alloys; D07-Wood; F17-Plastic Piping Systems
 American Water Works Association
Awards
 2020 APWA/ASCE Central Coast Chapter, Project of the
Year, Transportation, Old Town Sidewalks
 2015 APWA Southern California Chapter BEST Award, in
the Under 50,000 Population division of the Traffic,
Mobility, and Beautification category, Las Flores Canyon Creek Pedestrian Bridge and Park Improvements
 2014 APWA Project of the Year, Los Angeles Chapter,
Newhall Avenue Roundabout at Main Street
 2014 APWA Best Improvements for Traffic Safety,
Newhall Avenue Roundabout at Main Street
 2012 APWA Project of the Year, Honorable Mention,
Ortega Street Bridge Replacement
 2006 APWA Project of the Year, Project under $1M,
Avenue of the Flags Park and Ride Facility
Mr. Kowalewski is a multiskilled Principal Engineer with a broad range of experience in engineering analysis and
design as well as construction management and
inspection of a variety of public infrastructure projects. At MNS, Shawn’s responsibilities include civil engineering project management, quality assurance/quality control,
structural design and analysis, contract administration, cost estimating and tracking, plan and specification
review, and report preparation. His experience includes:

Olive Mill Road and San Ysidro Road at US 101
Interchanges, Santa Barbara County Association of
Governments, CA. Principal-in-Charge/Project
Manager. In coordination with the County of Santa
Barbara and the City of Santa Barbara, SBCAG is in the
preliminary design phases of a roundabout at the San
Ysidro Road intersection and at the Olive Mill
intersection. The new intersection configuration will
enhance traffic operations and safety for motor vehicles, bicyclists, and pedestrians. The project is related to the completion of the proposed improvements included in the US 101 HOV Widening and Rehabilitation project that will add an additional lane in both directions of travel for high occupancy vehicles during rush hour.

Dockweiler Road Extension, City of Santa Clarita,
CA. Principal-in-Charge/Technical Advisor. This $30M
Secondary Arterial—Dockweiler Drive from Sierra
Highway to Railroad Avenue—will provide an important
north-south connection for the City, a new entrance to
the Master’s University, and a secondary emergency
access point for the Placerita Canyon community. The
roadway extension and widening will go through an
existing railroad crossing, business district, hilly terrain, and the Master’s University property. MNS provides
preliminary and final design engineering services.

Preliminary engineering services include traffic modeling, roundabout analysis and simulation, intersection, and
roadway and bikeway alternatives. Final engineering
services include roadway, bikeway and roundabout
design, traffic calming, railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage and stormwater treatment, mass grading, environmental
permitting, and extensive public outreach.

Santa Claus Lane Class I Bike Path, Santa Barbara
County Association of Governments, CA. Principal-inCharge/Project Manager. This 4,000-foot-long bike path will provide a crucial link in the Coastal Trail system in the City of Carpinteria and County of Santa Barbara
including a turnaround which is based on roundabout
304
Shawn Kowalewski, PE | RESUME PG 2
RESUMES A-5
guidelines at the Santa Claus Lane on-ramp to US
101. Due to the constraints of the US 101, Union Pacific Railroad right-of-way, and wetlands—the proposed bike
path will require a soldier pile retaining wall and custom guardrail to complement the scenic corridor. The project must meet the requirements of Local Coastal Plans from
both the City of Carpinteria and the County of Santa
Barbara. Unique, environmentally sensitive design
alternatives are required. The project involves
coordination with the Santa Barbara County Association
of Governments (SBCAG), City, County and permitting
agencies; design exception fact sheets; project report; stormwater data report; and final design.

Newhall Avenue Roundabout at Main Street, City of
Santa Clarita, CA. Principal-in-Charge. This project
provided various traffic and transportation design
services for the City's first roundabout intersection,
created a main gateway to the historic Newhall
commercial district, and optimized traffic calming and
pedestrian safety measures at this heavily traveled
intersection. The design required traffic and pedestrian modifications, detours, and public information campaigns throughout the downtown area and the City. The project
also provided temporary and permanent pavement
delineation, drainage, striping and signage, temporary
construction traffic control, lighting and electrical, and motorist information plans. Special challenges involved utility infrastructure, specialty lighting, detailed grading, and complex traffic calculations and turning movements.

Winner of two awards—APWA Project of the Year and
APWA Best Improvements for Traffic Safety.

Ekwill Street and Fowler Road Extensions and
Roundabouts, City of Goleta, CA. Project Manager.

This $16.7M project provided design for two new
roadway corridors and two new roundabouts to improve
traffic flow within the City of Goleta between State Route 217 and the Santa Barbara Municipal Airport. This
project also included two new roundabouts at the
Hollister Avenue and State Route 217 interchange. In
total, the four roundabouts and the 1.7 miles of combined length of corridor improvements will enhance and
improve Old Town Goleta. MNS transportation and traffic engineering services included complete roadway, traffic signal, and roundabout design for the Ekwill Street
extension; plans, specifications, and construction cost estimates; drainage analysis and stormwater quality
design; and utility coordination.

Spring Street Roundabout at Argyle Avenue, Town of
Friday Harbor, WA. Project Manager. MNS developed a
concept plan for preliminary geometric documentation
and approval, engineer’s estimates, and a technical
memorandum for the Town. The plan included typical
roadway sections, major horizontal and vertical
alignments, station-to-station roadway geometrics,
surfacing type and depth, cross-slope information, and
striping plans to illustrate the constraints. The estimate included future professional services that may be
required such as final engineering, environmental
documentation and permitting, right-of-way
appraisal/acquisition, utility coordination and relocation, and construction management and inspection. The
technical memorandum included supporting
documentation and a recommendation on engineering
and right-of-way feasibility of a roundabout at the
intersection.

Westside Pedestrian and Bicycle Facility
Improvements, City of Ventura, CA. Project Manager.

The City received $1.5M through the State Active
Transportation Program. This project will improve the
safety and operations of the existing streets for
pedestrian and bicycles at intersections in the westside of Ventura. The project will increase the walking and
biking experience on Ventura Avenue, De Anza Drive,
and Cedar Street for users by improving parking,
sidewalks, bike lanes, and Americans with Disabilities
Act (ADA) ramps. Project elements include curb
extensions, rectangular rapid flashing beacons,
crosswalks, and protected bicycle lanes. The Cedar
Street roadway widening will be complex due to poor soil conditions, existing steep slopes, proximity of private driveways, design of retaining walls, and required
Southern California Edison utility pole relocations.

Diamond Bar Boulevard Streetscape, City of
Diamond Bar, CA. Principal-in-Charge. This $3.9M
project involves the new streetscape improvement
project to enhance the entry gateway. In recent years,
major commercial and retail developments have been
proposed along Diamond Bar Boulevard between
Palomino Drive and Golden Springs Drive. The goal is to envision creating greener, safer “complete streets” that embrace the rustic, family-friendly character of the
community while encouraging business visibility.

Diamond Bar Boulevard is a main City arterial,
connecting with Mission Boulevard to the north in the City of Pomona and Brea Canyon Road to the south. The
project supports construction of streetscape and roadway improvements on Diamond Bar Boulevard between the
State Route 60 eastbound freeway ramps and Golden
Springs Drive. Proposed enhancements include:
improving pedestrian and bicycle safety; aesthetic
hardscape and landscape treatments; improving
pedestrian and bicycle safety; aesthetic hardscape and
landscape treatments.
305
Sam Potts, PE, QSD/QSP | RESUME PG 1
RESUMES A-6
Sam Potts, PE, QSD/QSP
Senior Project Engineer
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Drainage and stormwater design
 Street design
 Bicycle and accessible facilities
 Utility coordination
Years of Experience
 8
Licensing
 Professional Civil Engineer, CA No. 92519
Certification(s)
 Qualified SWPPP Developer and Provider, CA No. 27824
 Caltrans 8-hour Certified Water Pollution Control Manager Education
 BS, Civil Engineering, California State University,
Northridge, CA
Affiliations
 American Society of Civil Engineers
o Los Angeles Younger Member Forum, President
o Committee of Student Conferences and Competitions,
Chair
 American Public Works Association
Awards
 2024 ASCE Region 9 Outstanding Practitioner Advisor
 2023 ASCE Daniel Mead Prize for Younger Members
 2022 APWA Ventura County Project of the Year, Conejo
School Road and Willow Lane Bike Lane and Sidewalks
 2022 ASCE Region 9 Outstanding Practitioner Advisor
 2021 ASCE Richard H. Nettleton Outstanding Practitioner Advisor Award
 2020 APWA Ventura County Project of the Year,
Thousand Oaks Boulevard Streetscape
 2019 APWA Ventura County Project of the Year, Westlake Boulevard (State Route 23) Sidewalk and Bicycle Lane
Improvements Project
Mr. Potts looks to improve his local communities by
reimagining streets to be safer, more equitable, and more livable through engineering design. Sam takes a
multidisciplinary, generalist approach to understand
stakeholder priorities to create innovative solutions. His expertise lies in grading, surface water quality and
management, urban street design, active transportation
facilities, specification writing, multidisciplinary
coordination, and computer modeling. His experience
includes:

Dockweiler Road Extension, City of Santa Clarita,
CA. Project Engineer. This $30M Secondary Arterial—
Dockweiler Drive from Sierra Highway to Railroad
Avenue—will provide an important north-south
connection for the City, a new entrance to the Master’s University, and a secondary emergency access point for
the Placerita Canyon community. The roadway extension
and widening will go through an existing railroad
crossing, business district, hilly terrain, and the Master’s University property. MNS provides preliminary and final design engineering services. Preliminary engineering
services include traffic modeling, roundabout analysis
and simulation, intersection, and roadway and bikeway
alternatives. Final engineering services include roadway, bikeway and roundabout design, traffic calming,
railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage and stormwater
treatment, mass grading, environmental permitting,
SWPPP preparation, and public outreach
West Calabasas Road Improvements, City of
Calabasas, CA. Project Engineer. This project enhanced
800 feet of West Calabasas Road at the Mureau Road
intersection to provide safety improvements and entrance streetscaping. Engineering services consisted of
roadway design to extend Class II bike lanes,
roundabout design and analysis, retaining wall design,
hillside grading, and stormwater treatment facilities.

Challenges included working around the existing
Caltrans bridge structure, setting up geometrics to
minimize the need for utility relocations, and limited rightof-way. MNS worked with a landscape architect for aesthetic treatments, a new City entrance monument
within the roundabout, and new planting along the
corridor.

Conejo School Road and Willow Lane Sidewalk and
Bicycle Lanes Project, City of Thousand Oaks, CA.

Project/Associate Engineer. This $4.5M project designs
approximately 1.1 miles of pedestrian and Class II
306
Sam Potts, PE, QSD/QSP | RESUME PG 2
RESUMES A-7
bicycle lane facilities on Conejo School Road and Willow Lane between Hillcrest Drive and Hampshire Road.

Services involve preliminary and final design,
environmental document, public outreach, and right-ofway property easements for roadway widening, retaining walls, driveway reconstruction, sidewalk and sidewalk
infill construction, bicycle and traffic lane striping and markings, curb ramp construction and reconstruction,
pedestrian signals, landscaping, pavement rehabilitation, storm drain improvements, and stormwater treatment
facilities. A Caltrans Encroachment Permit must be
obtained for design and construction activities as the
Conejo School Road travels under the US 101. The
project received Active Transportation Program (ATP)
and Congestion Mitigation and Air Quality (CMAQ)
funding so right-of-way acquisition must follow federal guidelines. Minimizing the impact to private property
owners when obtaining permanent and temporary
construction easements is critical since coordination and acquisition of easements drive the project schedule. Mr.

Potts’ responsibilities included CAD setup, preparing
demolition plans, designing driveways and curb ramps,
retaining wall/grading/site design, utility coordination, storm drain design, stormwater treatment design,
SWPPP preparation, pavement rehabilitation analysis,
field assessments and verification, and subconsultant
coordination.

El Segundo Boulevard Improvements, City of El
Segundo, CA. Associate Engineer. El Segundo
Boulevard is a major six-lane east-west arterial with a landscaped median from Isis Avenue to Pacific Coast
Highway (PCH). West of PCH, El Segundo Boulevard is
a four-lane divided arterial. Within the project limits, the roadway corridor is mixed with commercial properties
and aerospace campuses. The existing pavement
requires rehabilitation throughout the corridor with poor PCI index indicating pavement rehabilitation and/or
reconstruction. El Segundo Boulevard will require
Americans with Disabilities Act (ADA) compliant curb
ramps and adequate pedestrian crossings at the
intersections of Illinois Street, Douglas Street, Nash
Street and Continental Boulevard; traffic signal
modifications; and dedicated bicycle facilities including bicycle detection. The present deficiencies and the high volume of vehicles during peak hours create adverse
conditions for cyclist and pedestrian users. The project will also enhance bicycle circulation with Class II, III, and IV facilities along all project segments.

Diamond Bar Boulevard Complete Street, City of
Diamond Bar, CA. Associate Engineer. Designed to
attract and retain sustainable business development
growth, the project supports construction of streetscape and roadway improvements. Proposed road
enhancements include roadway rehabilitation and/or
reconstruction; aesthetic hardscape and landscape
treatments; traffic signal improvements; green streets
and low-impact development measures, modifications to
Los Angeles County Public Works storm drain system
and crosswalk upgrades. MNS developed alternatives
such as modifying the 12-foot-wide parkways to add
streetscape and green street elements as well as
widening the bicycle lane in combination with the
sidewalk to create a multiuse path. The project includes community outreach to engage public participation.

Thousand Oaks Boulevard Streetscape
Improvements, City of Thousand Oaks, CA.

Associate/Assistant Engineer. The City developed a
specific plan for Thousand Oaks Boulevard including
streetscape. In particular, the corridor from Erbes Road to Conejo School Road is the Civic Arts Plaza Treatment Zone. This project will construct enhanced pedestrian
nodes (curb extensions/bulb outs and aesthetics) in the intersection of Erbes Road, Dallas Drive and Conejo
School Road, a landscaped median, and gateways (east
and west) into the Civic Arts Plaza. This project will
involve city and public workshops and a public outreach program. Responsibilities included utility coordination, designing storm drains, preparing hydrologic and
hydraulic reports, coordinating with subcontractors,
preparing exhibits for City Council usage, and preliminary roadway geometric design.

Old Topanga Canyon Road/Mulholland Highway
Improvements Design, City of Calabasas, CA. Project
Engineer. The City of Calabasas proposes to construct
roadway and safety improvements on Mulholland
Highway (MH), between Old Topanga Canyon Road
(East) and the southern City limit approximately 2.7 miles in length. MH is the primary north-south road in the
southwestern portion of the City, connecting
unincorporated Los Angeles County in the south end and
the City of Los Angeles on the north end. MH is a scenic road and a designated emergency route. It is primarily a two-lane road with left turn lanes at the approaches to intersections. Average daily traffic on MH is about 8,500 vehicles. MH serves as the primary route for multiple
residential communities, two schools, and recreational
areas. Scope of work includes developing a safe
roadway facility, permanent erosion control design,
rockfall netting, retaining walls, regarding of slopes, drainage modifications, developing a roadway blending
within the local environment and community, and public
outreach and coordination with project stakeholders.
307
Gabriel Do-Reynoso, PE | RESUME PG 1
RESUMES A-8
Gabriel Do-Reynoso, PE
Senior Project Engineer
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Grading and drainage
 Storm and wastewater infrastructure
 Road and street design
 Civil 3D and AutoCAD Drafting
 Bilingual - Spanish
Years of Experience
 23
Licensing
 Professional Civil Engineer, CA No. 81090
Education
 MA, Mathematics, University of California, Berkeley, CA  BA, Mathematics, University of California, Santa Cruz, CA  BS, Civil Engineering, California State University,
Fresno, CA
Mr. Do-Reynoso has over 23 years of experience in
design engineering, including transportation design, site grading, parking lot design, storm and wastewater
infrastructure, and roundabouts. His experience includes:

Santa Claus Lane Class I Bike Path, Santa Barbara
County Association of Governments, CA. Senior
Project Engineer. This 4,000-foot-long bike path will
provide a crucial link in the Coastal Trail system in the City of Carpinteria and County of Santa Barbara. Due to the constraints of the US 101, Union Pacific Railroad
right-of-way, and wetlands—the proposed bike path will
require a retaining wall and custom guardrail to
complement the scenic corridor. The project must meet
the requirements of Local Coastal Plans from both the
City of Carpinteria and the County of Santa Barbara.

Unique, environmentally sensitive design alternatives are required. The project involves coordination with the
Santa Barbara County Association of Governments
(SBCAG), City, County and permitting agencies; design
exception fact sheets; project report; and stormwater
data report. Responsibilities include grading of
Carpinteria Avenue curb and gutter, bike path, and Santa Claus Lane turnaround.

Ekwill Street and Fowler Road Extensions and
Roundabouts, City of Goleta, CA. Senior Project
Engineer. This $16.7M project provided design for two
new roadway corridors and two new roundabouts to
improve traffic flow within the City of Goleta between
State Route 217 and the Santa Barbara Municipal
Airport. This project also included two new roundabouts at the Hollister Avenue and State Route 217 interchange.

In total, the four roundabouts and the 1.7 miles of
combined length of corridor improvements enhance and
improve Old Town Goleta. MNS transportation and traffic engineering services included complete roadway, traffic signal, and roundabout design for the Ekwill Street
extension; plans, specifications, and construction cost estimates; drainage analysis and stormwater quality
design; and utility coordination. Responsibilities included reviewing and updating new driveways; curb ramps; and
surface connections to Fairview Street, Pine Avenue,
Keller Way, and Keller Avenue.
308
Gabriel Do-Reynoso, PE | RESUME PG 2
RESUMES A-9
Goleta Train Depot and La Patera Road, City of
Goleta, CA. Senior Project Engineer. The project will
construct a multi-modal Train Depot just south of the
existing City of Goleta Amtrak train platform site. The project will include access improvements along South La Patera Lane between Hollister Avenue and the proposed
depot, a depot building, a new parking facility, and
accommodations for buses, vanpools, and bicycles. The
depot building and parking will be located on a parcel of land owned by the City of Goleta located immediately
adjacent to the existing platform. The Train Depot
building will be approximately 8,000 square feet. It will include a lobby, electronic ticketing area, waiting room, café, community meeting room, restrooms/ shower/
changing facilities, bike storage and baggage storage
lockers. In addition, the design of the depot will
accommodate opportunities for public art projects both
inside and outside the building. MNS is providing design engineering and surveying services. Responsibilities for South La Patera Road include the design of Americans
with Disabilities Act (ADA) accessible sidewalks, curb
and gutter design, and asphalt concrete pavement
overlay. He also coordinates with the City and other
project stakeholders at biweekly project meetings.

Various Projects, Stantec, CA. Civil Engineer. Create
grading and drainage plans for commercial and
residential development. Prepared specifications for
waterway restoration. Prepared due diligence report on
progress and work remaining for residential subdivision.

Various Projects, County of Santa Barbara, Public
Works, Transportation Department, Permits/
Construction, CA. Associate Civil Engineer III.

Processed encroachment permits for outdoor dining,
shared mobility devices, utilities, transportation, and noncommercial development. Plan checked submittals, communicated with applicants, and prepared permits for
issuance. Researched County Road right-of-way per
County database, APN maps, record maps, improvement
plans, and site visits.

Various Projects, Provost & Pritchard Consulting
Group, CA. Project/Design Civil Engineer. Designed and
developed projects with roadway improvements, storm
and sanitary sewer infrastructure, residential and
commercial development, multi-use trails, and dairy
storage lagoons. Directed staff through CAD and design
work, plan production, plan specifications, and estimates.

Worked with agencies, consultants, and contractors from inception to completion of projects.

Visalia Emergency Communication Center, City of
Visalia, CA. Project Designer. Designed curb, gutter,
and traffic circle. Designed ADA accessible paths and
walkways to and around the building. Created
masterplan of sewer and storm drain system to size
infrastructure for future build out of site. Prepared
specifications and improvement plans. Produced
Autoturn exhibits and verified on-site parking layout met City standards. Coordinated with architect and landscape architect to integrate civil design (water, sewer, fire, irrigation, etc.) into the plans. Worked closely with the City and Project Manager through plan development and
construction.

St. John’s River Walk, City of Visalia, CA. Project
Designer. Verified that access drive and parking layout met City Standards. Prepared grading and drainage plan
for an ADA accessible parking lot. Designed ADA access
ramps at the parking lot trail head, the Harrel Grove area, and another trail east of the site. Coordinated with
landscape architect to integrate civil design into plans.

Storm Water Pollution Prevention Plan (SWPPP),
Clinica Sierra Vista East Niles Medical Center, City of Bakersfield, CA. QSD/Design Engineer. Prepared
SWPPP, BMPs, and exhibits for a 2.1-acre commercial
development. Uploaded plans and documents into the
SMARTS website.
309
Shane Sobecki, PLS, EIT | RESUME PG 1
RESUMES A-10
Shane Sobecki, PLS, EIT
Principal Surveyor
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Land surveying
 Construction surveying
 Topographic survey and mapping
 Boundary surveys
 ALTA/NSPS surveys
 Right-of-way engineering
 Legal descriptions
 Easements
Years of Experience
 22
Licensing
 Professional Land Surveyor, CA No. 9041
 Engineer-in-Training, CA No. 141294
Education
 BS, Civil Engineering, California State University, Chico, CA
Awards
 ACEC Engineering Excellence Award of Merit, Ranchero
Road Interchange at Interstate 15
 APWA Project of the Year, Los Angeles Chapter,
Newhall Avenue Roundabout at Main Street
 APWA Best Improvements for Traffic Safety, Newhall
Avenue Roundabout at Main Street
Mr. Sobecki has over 22 years of significant experience in land surveying. As Principal Surveyor, Shane plays a substantial role in managing and completing the firm’s
survey projects. He has over two decades of experience
in private and public sector projects in the central and southern California area. His land surveying background includes tentative subdivision mapping, final maps, site plans, easements, legal descriptions, annexation
exhibits, topographic mapping, 3D scanning, aerial
surveys, construction staking, monitoring, records of
survey, boundary surveys and right-of-way (R/W)
retracements. Shane has proficient knowledge in the use of AutoCAD and other surveying software. His
experience includes:

Dockweiler Drive Extension, City of Santa Clarita,
CA. Principal Surveyor. The City of Santa Clarita
proposes to construct a $30M Secondary Arterial—
Dockweiler Drive from Sierra Highway to Railroad
Avenue. The project will provide an important north-south connection for the City, a new entrance to Masters
University, and a secondary emergency access point for
the Placerita Canyon community. The roadway extension
and widening will go through an existing railroad
crossing, business district, hilly terrain, and the Master’s University property. Preliminary engineering services
include community outreach, traffic modeling,
roundabout analysis and simulation, intersection, and
roadway and bikeway alternatives. Final engineering
services include roadway, design following LACDPW LID
Standards Manual, bikeway and roundabout design,
traffic calming, railroad crossing and permitting, traffic signals, street lighting, landscaping, drainage, and
stormwater treatment (including detention basins,
infiltration trenches, and bioretention areas), mass
grading, environmental permitting, and extensive public outreach.

Ekwill Street and Fowler Road Extensions and
Roundabouts, City of Goleta, CA. Project Surveyor.

This $16.7M project designs two new roadway corridors
to improve traffic flow within the City of Goleta between State Route 217 and the Santa Barbara Municipal
Airport. This project also involves two new roundabouts at the Hollister Avenue/State Route 217 interchange and a new bridge over San Jose Creek. Shane managed the
ground-based survey and monument recovery to assist
in the right-of-way engineering for the project. He also assisted in the retracement of 41 parcels, 10 roadway
and highway segments, and numerous easements along
with the preparation of approximately 45 legal
310
Shane Sobecki, PLS, EIT | RESUME PG 2
RESUMES A-11
descriptions and plats for acquisition. In addition, Shane prepared three records of survey to be used as
references for the various legal descriptions and
easements along the new roadways. The combined
length of corridor improvements is 1.7 miles.

Newhall Avenue Roundabout at Main Street, City of
Santa Clarita, CA. Project Surveyor. The project created a main gateway to the historic Newhall commercial
district, and to optimize traffic calming and pedestrian safety measures of this busy intersection. The project
included relocation of numerous utilities and other
infrastructure. Special challenges for this project were potential encroachment on private land and preserving
large trees on nearby park property. Shane prepared the base map for design, legal descriptions and plats for
acquisition, and construction calculations for staking.

Additional responsibilities included providing technical support for this roundabout design and construction
project. Winner of two awards—APWA Project of the
Year and APWA Best Improvements for Traffic
Safety.
40th Street Transit-Only Lanes and Multimodal
Enhancements, City of Emeryville, CA. Principal
Surveyor. The project is a new major transit-oriented
corridor at 40th Street/San Pablo Avenue that includes a two-way separated bikeway on the north side of 40th
Street, an additional eastbound transit-only lane,
conversion of a westbound travel lane into a transit-only lane, and project limits that extended to a commercial
business entry. As a subconsultant, MNS is providing
field survey and mapping and final design services
including geometrics, intersection design, signing and
striping, construction staging and traffic handling. The overall project scope includes:
• Multimodal Treatments (two-way separated Class IV
bikeway, East/West Transit-only Lanes, multimodal
intersection improvements, and transit stop
improvements)
• Streetscape improvements and public art
opportunities
Santa Claus Lane Class I Bike Path, Santa Barbara
County Association of Governments, CA. Principal
Surveyor. A new 0.8 mile, Class I bikeway and
multipurpose path connects Santa Claus Lane to
Carpinteria Avenue and provides a crucial link as part of the California Coastal Trail network. The $12.5M
concrete Santa Claus Lane Class 1 Bike Path runs
adjacent to the southbound lanes of US 101 between
Estero Street near the Carpinteria Avenue off-ramp in the City of Carpinteria and Sand Point Road in the County. It is located on the beach side of Highway 101 between the freeway and the railroad tracks. The project must meet
the requirements of Local Coastal Plans from both the
City of Carpinteria and the County of Santa Barbara.

Unique, environmentally sensitive design alternatives are required. The project involves coordination with the
Santa Barbara County Association of Governments
(SBCAG), City, County and permitting agencies; design
exception fact sheets; project report; stormwater data
report; and final design.

Safe Routes to School Safety and Enhancements
Project, City of Oxnard. Principal Surveyor. MNS
provided surveying for infrastructure improvements at six schools: Fremont Middle, Curren Elementary, Kamala
Elementary, Harrington Elementary, Lemonwood
Elementary, and Ramona Elementary. The project
addressed poor visibility at crossings, missing or
inaccessible curb ramps, lack of traffic signs and
pavement markings, and poor intersection geometry that
contributed to obstructed views for motorists and
pedestrians. Infrastructure improvements included 33
curb extensions, 59 accessible curb ramps, 47 highvisibility crosswalks, 56 roadside signs, four Rectangular Rapid Flashing Beacons (RRFB), and traffic pavement
markings/striping.

Conejo School Road and Willow Lane Sidewalk and
Bike Lanes Project, City of Thousand Oaks, CA.

Project Surveyor. The City of Thousand Oaks received
Active Transportation Program (ATP) and Congestion
Mitigation and Air Quality (CMAQ) funding to improve
pedestrian and bicyclist safety along 1.1 miles of Conejo School Road and Willow Lane. Engineering services for
this $3.9M project consist of preliminary and final design, environmental document, and property services for
roadway widening, retaining walls, reconstruction of
private driveways, sidewalk and sidewalk infill
construction, bicycle and traffic lane striping and
markings, curb ramp construction and pavement
rehabilitation, pedestrian activated signals, storm drain improvements, stormwater treatment facilities and
landscaping. Critical elements to project success
encompass reconstruction of multiple private driveways
and retaining walls—requiring temporary private property access and easements to construct the proposed
pedestrian and bicyclist facilities while maintaining the existing roadway lane configuration.
311
Lee Rodegerdts, PE | RESUME PG 1
RESUMES A-12
Lee Rodegerdts, PE
Roundabout Peer Review Principal
Firm
 Kittelson & Associates, Inc.

Areas of Expertise
 Traffic Operations
 Signal Systems / ITS
 Multimodal planning
 Roundabouts
 Research
Years of Experience
 31 Years
Licensing
 Civil Engineer (CA), CE 58194
 Professional Engineer (AK, AZ, CO, FL, GA, IA, ID, KS, MD, MN, MT, NE, OR, PA, and WA)
Education
 M.S. Civil Engineering, Georgia Institute of Technology, GA
 B.S. Civil Engineering, University of California, Berkeley, CA
Affiliations
 Institute of Transportation Engineers (ITE), Member
 Transportation Research Board, Committee on
Roundabouts, Member
Awards
 ACEC Oregon Engineering Excellence Award Best in
Category: Transportation, 2018
Mr. Rodegerdts has prepared or peer-reviewed feasibility studies, design plans, and post-construction reviews for hundreds of roundabouts throughout North America. Lee
has served as engineer-in-responsible-charge of
developing construction plans, specifications, and cost estimates for the traffic design elements for several
roundabouts, including the first roundabout in Oregon
and the first multilane roundabout in Oregon. Lee's
postconstruction review work has included conducting
site-specific assessments to address specific concerns
and research-based assessments to improve national
guidance. He is familiar with all major roundabout
analysis techniques and has made leading contributions
to the state-of-the-art in US roundabout analysis through his leadership on the HCM 2010 and HCM 6th Edition.

He is widely regarded as an expert on roundabouts and
is frequently invited to speak throughout the US and
internationally.

Lee has led national research on roundabouts for more
than 15 years. He served as Principal Investigator for
National Cooperative Highway Research Program
(NCHRP) Report 672, Roundabouts: An Informational
Guide, Second Edition, the preeminent national guide on roundabouts that has been incorporated into state and
local design standards. He also served as Principal
Investigator for FHWA TOPR 34, Accelerating
Roundabout Implementation in the United States, which
addressed seven topic areas ranging from safety and
capacity to truck dynamics and accessibility for people with vision disabilities. He served as Principal
Investigator for NCHRP Report 772, Evaluating the
Performance of Corridors with Roundabouts, NCHRP
Project 03-110, Estimating the Life-Cycle Costs of
Intersection Designs, and NCHRP Report 572,
Roundabouts in the United States. In addition to these
leadership roles, he served as a member of the research team on NCHRP Report 674, Crossing Solutions at
Roundabouts and Channelized Turn Lanes for
Pedestrians with Vision Disabilities, and NCHRP Report
834, which developed guidelines for practitioners on this topic. His other research efforts include developing
updated roundabout design guidance for various State
departments of transportation (including California,
Georgia, and Kansas) and working with Western
Michigan University as part of a team of experts
developing wayfinding technologies for blind and visually impaired pedestrians at roundabouts and signalized
intersections.
312
Lee Rodegerdts, PE | RESUME PG 2
RESUMES A-13
West Calabasas Road Improvements Roundabout
Peer Review, City of Calabasas, CA. Project Manager.

Kittelson supported the MNS team to provide an
independent review of the proposed West Calabasas
Road-Mureau Road roundabout design. Kittelson
provided recommendations to modify the plan to manage
vehicular speeds, reduce grading, and improve crossing
opportunities and safety for pedestrians. Kittelson also provided peer review of design plans developed by the
project team. Lee served as project manager for
Kittelson’s role and led the development of Kittelson’s recommendations.

State Route 410-166th Avenue E Interchange, City of
Sumner, WA. Project Manager. Kittelson supported a
team to provide an independent Intersection Control
Evaluation for two closely spaced intersections on 166th Avenue E in Sumner, Washington, including the
westbound ramp terminal of State Route 410. Kittelson
evaluated a range of concepts, including two multilane
roundabouts, a single hourglass-shaped roundabout, and
signalized intersections. Kittelson also developed
conceptual designs for the two roundabout alternatives.

Kittelson assisted the project team, City of Sumner, and Washington State Department of Transportation staff in
selecting the alternative with two roundabouts as the
alternative to carry forward into the next stage of
evaluation and design. Lee served as project manager
for Kittelson’s role and led the development of Kittelson’s recommendations.

Lincoln Citywide Roundabout Feasibility, City of
Lincoln, NE. Project Principal. Kittelson supported a
team to develop a citywide feasibility assessment of
roundabouts at 25 intersections throughout the City of
Lincoln. These intersections ranged from simple
singlelane roundabouts in residential areas to systems of multilane roundabouts in commercial corridors. Kittelson developed concept sketches for each candidate location
and provided high-level feasibility assessments to identify issues that should be considered when carrying the
project forward. Among the more challenging locations
were a six-legged intersection, two separate triangles of three intersections each, and a multilane roundabout at a key junction on the entry into Lincoln from the northeast.

Lee served as project principal, providing senior
guidance and quality control of Kittelson’s work products.

NCHRP Project 07-25: Guide for Pedestrian and
Bicycle Safety at Alternative Intersections and
Interchanges. Project Principal. Kittelson performed
research to develop a guide for transportation
practitioners to improve and integrate non-motorized user safety considerations at alternative intersections and
interchanges through planning, design, and operational
treatments. The project recommended a series of design
flags to assist practitioners in identifying and correcting deficiencies in pedestrian and bicyclist facilities, along with recommendations for best practice to correct those deficiencies. The guidance from this project is intended to be fully integrated into updates for each of the Federal Highway Administration (FHWA) Informational Guides on
alternative intersections and interchanges, which
Kittelson previously prepared for FHWA. Lee served as
project principal, providing senior input and review
throughout the project.

NCHRP Project 03-78 series/Reports 674 and 834:

Crossing Solutions at Roundabouts and Channelized
Turn Lanes for Pedestrian with Vision Disabilities.

Researcher. Kittelson participated in leadership roles in a series of projects that focused on making pedestrian
crossings at roundabouts and channelized turn lanes
accessible for pedestrians with vision disabilities. The first project in the series, NCHRP Project 03-78A/Report 672, provided field data to identify the scope of the
challenge and to test potential solutions. Lee led the
engineering elements of this work, including the design of the first (temporary) pedestrian hybrid beacon to be
installed at a roundabout crosswalk in the United States.

The second project in the series, NCHRP Project 03-
78B/Report 834, provided additional field studies and
produced guidelines for practitioners on best practices and assessment techniques for wayfinding and crossing
at roundabouts and channelized turn lanes. Lee led
Kittelson’s contributions, which included preparing much of the guidebook. The third project in the series, NCHRP Project 03-78C, provided technology transfer of the
guidelines to practitioners. Lee served as a key
developer and instructor of a one-day short course; he
also contributed to updating the guidelines in NCHRP
Report 834 based on practical application of its guidance in the classes.

NCHRP Project 03-130: Guide for Roundabouts. CoAuthor and Reviewer. Kittelson is leading a project to develop a new Guide for Roundabouts, incorporating a
decade of research and practice since the publication of NCHRP Report 672, Roundabouts: An Informational
Guide, 2nd Edition. The project includes targeted
gapfilling research on truck use at multilane roundabouts and on bicycle treatments at roundabouts, along with a
series of syntheses on key topics. Lee is serving as a key chapter author and reviewer.
313
Jacki Smith, PE | RESUME PG 1
RESUMES A-14
Jacki Smith, PE
Roundabout Peer Reviewer Engineer
Firm
 Kittelson & Associates, Inc.

Areas of Expertise
 Roundabout peer review
 Signing, striping, and pavement marking
 Alternatives analysis
 Crash data analysis
 Traffic signals
 Economic analysis of transportation projects
 Preliminary and conceptual design
 Systemic safety plans
 AutoCAD
 Synchro 10
 SIDRA
Years of Experience
 7 Years
Licensing
 Civil Engineer (OR), No. 96858
Education
 B.S. Civil Engineering, University of Wisconsin, Madison, WI
Certifications
 ODOT Traffic Signal Inspector, No. 51195
Mrs. Smith is an engineer with professional experience in alternatives analysis, roundabout feasibility studies,
crash data analysis, conceptual intersection design,
preliminary design, and signing, striping, traffic control, and illumination plans. Jacki has also participated in the peer review of roundabout designs in rural and urban
locations. Her experience includes:

West Calabasas Road Improvements Roundabout
Peer Review, City of Calabasas, CA. Lead Analyst.

Kittelson supported the MNS team to provide an
independent review of the proposed West Calabasas
Road-Mureau Road roundabout design. Kittelson
provided recommendations to modify the plan to manage
vehicular speeds, reduce grading, and improve crossing
opportunities and safety for pedestrians. Kittelson also provided peer review of design plans developed by the
project team. Jacki led the review process and project
coordination.

Dockweiler Drive Extension Roundabout Peer
Review, City of Santa Clarita, CA. Lead Analyst.

Kittelson supported the MNS team in providing
roundabout peer review support for the design of a new
roadway extension that included a new intersection at
Dockweiler Drive and 12th Street in Santa Clarita, CA.

Kittelson supported both the City and consultant by
reviewing roundabout geometry and design checks. This
included several iterations of comments and
recommendations for the consultant. Jacki led the review process and project coordination.

Wiley Canyon Roundabout Peer Review, City of
Santa Clarita, CA. Project Manager. Kittelson conducted a peer review for three roundabouts on Wiley Canyon
Road in Santa Clarita, California. The corridor was being upgraded to improve safety and capacity for vehicles and safety and connectivity for people walking and biking.

Kittelson reviewed the corridor concept design and
communicated with the client and City regarding best
practices for roundabout design and ADA accessibility.

Jacki was the project manager for this effort including development of comments and coordination with staff.
314
Robert Bombardier, PLA | RESUME PG 1
RESUMES A-15
Robert Bombardier, PLA
Principal Landscape Architect
Firm
 L. Newman Design Group, Inc.

Areas of Expertise
 Landscape architecture
Years of Experience
 48
Licensing
 Licensed Landscape Architect, CA No. 2464
Education
 Civil Engineering, Moorpark College, CA
 University of California, Los Angeles Extension
Professional Development
 Landscape Architecture, University of California, Los Angeles
 Technical Illustrations, Architecture and Surveying,
Moorpark College, CA
Affiliations
 American Society of Landscape Architects
Awards
 2020 APWA Ventura County Project of the Year,
Thousand Oaks Boulevard Streetscape
 2009 APWA Ventura County Project of the Year, Old
Town Camarillo
Mr. Bombardier is a principal owner of L. Newman
Design Group and is responsible for the overall business design development, client relations, scheduling, land
planning, production, site inventory, landscape design, technical support, irrigation hydraulics, drainage design, plan review, cost estimating, bid specifications,
construction reviews, agency submittals construction
management and documentation. His experience
includes:

Ventura Boulevard Old Town Streetscape, City of
Camarillo, CA. Landscape Architect. This project
included preliminary design exhibits, design
development, hardscape design, bronze sculpture design
and management, hardscape, landscape and central
irrigation construction documents, construction
management support, and site observation during
implementation.

Entry Monument at Lynn Road and Hillcrest Drive,
City of Thousand Oaks, CA. Landscape Architect. This
project included preliminary design exhibits, design
development, hardscape, landscape and irrigation
construction documents, construction management
support, and site observation during implementation.

Agoura Hills Arterial Streetscapes Master Plan, City
of Agoura Hills, CA. Landscape Architect. This project
included streetscape design and plant palette selection for a City Master Plan booklet form guideline.

Entry Renovation, City of Hidden Hills, CA.

Landscape Architect. This project included preliminary
design exhibits, design development, and landscape and
irrigation construction documents.

Thousand Oaks Civic Center Streetscapes
Improvements, City of Thousand Oaks, CA.

Landscape Architect. This project included preliminary
design exhibits, design development, landscape and
irrigation construction documents, construction
management support, and site observation during
implementation.

Lindero Canyon Road Overpass, Streetscape and
City Entry Monument, City of Westlake Village, CA.

Landscape Architect. This project included preliminary
design exhibits, design development, landscape and
central irrigation construction documents, construction management support, and site observation during
implementation.
315
Thomas Wheat, PE, TE | RESUME PG 1
RESUMES A-16
Thomas Wheat, PE, TE
Street Lighting Engineer
Firm
 TJW Engineering, Inc.

Areas of Expertise
 Traffic Engineering
 Transportation Planning
 Street Lighting and Traffic Signal Systems
Years of Experience
 28 Years
 13 Years with TJW Engineering
 15 Years prior to TJW Engineering
Licensing
 Civil Engineer (CA), CE 69467
 Traffic Engineer (CA), TR 2565
 Civil Engineer (ID), C20918
Education
 B.S. Civil Engineering Clemson University
Affiliations
 American Society of Civil Engineers (ASCE), Member
 Institute of Transportation Engineers (ITE), Member
Mr. Thomas J. Wheat, P.E., T.E., has been involved in
the traffic engineering profession for over 28 years
managing and designing traffic engineering and
transportation planning related projects for both the
public and private sectors. Mr. Wheat has designed
hundreds of traffic engineering design plans and
transportation planning studies since coming to California in 2003 after working in the Washington D.C. and
Chicagoland areas since 1995. His versatile experience
includes, but not limited to, leading and assisting in the design and construction of traffic signal plans, worksite temporary traffic control plans, signing and striping plans, traffic signal systems, roundabouts, signal timing, ITS, and traffic calming design.

Hueneme Road and J Street Traffic Signal
Modification Plan, City of Oxnard. TJW worked with
MNS in the preparation of a traffic signal modification plan design for the signalized intersection Hueneme
Road and J Street in the City of Oxnard. The project
included the replacement of two existing traffic signal poles that were affected by a new box culvert and
associated ADA upgrades. TJW also prepared temporary
traffic signal plans for the three-phased construction
project. Plans were prepared to convey to the contractor how the traffic signal operations would be maintained
during construction.

Thousand Oaks Blvd. Streetscape Improvement
(Phase I), City of Thousand Oaks. TJW worked with
MNS in the preparation of traffic studies and traffic signal modification plan designs for the signalized intersections at Erbes Road and Los Feliz Drive on Thousand Oaks
Boulevard. The project included streetscaping, ADA
compliance, and signal upgrades.

Great Park Neighborhood Traffic Engineering Design,
City of Irvine. TJW prepared traffic signal,
signing/striping, and traffic control plan design for arterial and collector streets associated with the Great Park
Neighborhoods project for the master developer, Five
Point Communities. Great Park Neighborhoods,
consisting of more than 2,000 acres, is Irvine’s newest mixed-use, master planned community. It is located in
adjacent to the over 1,200-acre Orange County Great
Park. TJW has been the traffic engineering consulting
firm on the project and has designed the design of
approximately 50 traffic signals and roundabouts for the streets of Portola Parkway, Irvine Boulevard, and
Trabuco Road to name a few and included City of Irvine’s fifth high school, Portola High School.
316
Alahesh Thurairajah, PE, GE | RESUME PG 1
RESUMES A-17
Alahesh Thurairajah, PE, GE
Roundabout Peer Reviewer (Optional)
Firm
 Earth Mechanics, Inc.

Areas of Expertise
 Geotechnical engineering and construction
Years of Experience
 15 Years
Licensing
 Civil Engineer (CA), CE 81439
 Geotechnical Engineer (CA), GE 3123
 Board-Certified Geotechnical Engineer, Certificate No. 01457, ASCE
Education
 M.S. Civil Engineering, University of California, Los Angeles
 B.S. Civil Engineering, California State Polytechnic
University, Pomona
Mr. Thurairajah is a geotechnical principal/project
manager with 15 years of experience on California
transportation projects. He has provided geotechnical
design/construction recommendations for 300+ bridges,
400+ standard and non-standard retaining walls, and
200+ miles of roadway. He has prepared Foundation
Reports and Geotechnical Reports in compliance with
Caltrans standards for numerous bridge/roadway
projects. His technical expertise includes design of deep and shallow foundation for bridges, retaining walls, and drainage structures; probabilistic seismic hazard
evaluation, liquefaction and seismic settlement
evaluations, lateral spreading evaluation, static and
pseudo-static slope stability analyses, pavement
structural section evaluation/design, and corrosion
evaluation. His project experience includes:

OCPW, OC Loop O, P, & Q – Coyote Creek Channel,
Orange County and Los Angeles County, CA.

Geotechnical Project Manager. The project included 2.7- mile new bikeway along the Coyote Creek Channel,
closing the gap between the Coyote Creek Channel in
Cerritos to La Mirada Boulevard in Buena Park. The
project improvements included a single-span bridge over Coyote Creek, 30-span bridge over UPRR, 20-span
bridge over BNSF, ground anchor wall, soldier/secant
pile walls, MSE walls, tub wall, RCB culvert, BNSF
underpass, standard retaining walls, and new pavement
structural sections. Prepared Preliminary Foundation
Report for Type Selection, managed geotechnical field
investigation, provided earth pressure recommendations
for retaining walls, provided recommendations for bridges and wall foundations, provided recommendations for
pavement structural sections in expansive soils, and
prepared Foundation Reports and Geotechnical Report.

SANDAG, Bayshore Bikeway Segments 4 and 5, San
Diego and National City, CA. Staff Engineer. The
project included constructing a continuous bikeway from southern downtown San Diego to National City. Planned,
coordinated, and conducted geotechnical field
investigation, performed double-ring infiltrometer in-situ test, and assigned laboratory tests. Estimated soil
infiltration rates, recommended pavement structural
sections, and prepared a technical memorandum.
317
B. Tentative
Schedule

APPENDIX
B
Tentative Schedule
318
Task Name Duration Start Finish
Notice to Proceed 0 days Tue 9/3/24 Tue 9/3/24
Task 1. Program Management 1 day Tue 9/3/24 Tue 9/3/24

1.2 Project Kick-off Meeting 1 day Thu 9/5/24 Thu 9/5/24

1.4 Project Schedule 10 days Fri 9/6/24 Thu 9/19/24

1.1, 1.3, 1.5, 1.6 Project Management, Progress
Meetings, Coordination
200 days Fri 10/4/24 Thu 7/10/25
Task 2. Data Gathering, Site Visit, and
Preliminary Investigations
60 days Fri 9/6/24 Thu 11/28/24

2.1 Data Gathering and Site Visit 50 days Fri 9/20/24 Thu 11/28/24

2.3 Survey and Mapping 40 days Fri 9/6/24 Thu 10/31/24

2.4 Geotechnical Investigation 40 days Fri 9/6/24 Thu 10/31/24 Task 3. Traffic Analysis 15 days Fri 10/11/24 Thu 10/31/24 Task 4. Schematic Design 52 days Fri 11/1/24 Mon 1/13/25 Iteration 1: Prepare 3 alternatives 25 days Fri 11/1/24 Thu 12/5/24 Creative Design Workshop #1 1 day Fri 12/6/24 Fri 12/6/24 Iteration 2 15 days Mon 12/9/24 Fri 12/27/24
Iteration 3 10 days Mon 12/30/24 Fri 1/10/25
Creative Design Workshop #2 1 day Mon 1/13/25 Mon 1/13/25 Task 5. Design Development 80 days Tue 1/14/25 Mon 5/5/25 70% Design 80 days Tue 1/14/25 Mon 5/5/25
Plans, Specifications, and Estimate Development 60 days Tue 1/14/25 Mon 4/7/25 City Review 20 days Tue 4/8/25 Mon 5/5/25
Task 6. Final PS&E 85 days Tue 5/6/25 Mon 9/1/25

6.1 90% Design 60 days Tue 5/6/25 Mon 7/28/25
Plans, Specifications, and Estimate Update 40 days Tue 5/6/25 Mon 6/30/25 City Review 20 days Tue 7/1/25 Mon 7/28/25

6.2 100% Design 25 days Tue 7/29/25 Mon 9/1/25
Plans, Specifications, and Estimate Update 25 days Tue 7/29/25 Mon 9/1/25 Finish PS&E 0 days Mon 9/1/25 Mon 9/1/25
Task 7. Bid Phase Services 90 days Tue 9/2/25 Mon 1/5/26 Task 8. Construction Support Services 200 days Tue 1/6/26 Mon 10/12/26 Construction Support 170 days Tue 1/6/26 Mon 8/31/26
Finish Construction 0 days Mon 8/31/26 Mon 8/31/26
Preparation of Record Drawings 10 days Tue 9/29/26 Mon 10/12/26 Project Finish 0 days Mon 10/12/26 Mon 10/12/26
9/3
9/1
8/31
10/12
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Main Street / Harvard Boulevard / Telegraph Road Roundabout Project (CIP 9385) Appendix B. Tentative Schedule
319

CITY OF SANTA PAULA

MAIN STREET / HARVARD BOULEVARD / TELEGRAPH ROAD ROUNDABOUT PROJECT SEPARATE. COST PROPOSAL C-1

SEPARATE

COST PROPOSAL
The cost proposal and the MNS 2024 Standard Schedule of Fees has been provided in a separate envelope.

EXHIBIT C
320
321
322
To: Honorable Mayor and Members of the City Council
From: Jonathan Royas, Deputy City Manager
Subject: CALIFORNIA EMERGING TECHNOLOGY FUND GRANT BUDGET

APPROPRIATION
Date: August 21, 2024
Agenda Item: 10.H

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends City Council:

1. Approve a budget allocation of $1,000.00 in new revenue and matching expenditures from the California Emerging Technology Fund (CETF), as noted in the Fiscal Impact section of this report.

BACKGROUND:

On May 31, 2024, staff applied for $1,000 from the California Emerging Technology Fund (CETF) ("Grant").

On June 7, 2024, the City was notified that as a result of applying for the initial $1,000 grant, the City was eligible to apply for an additional $20,000 grant.

On June 28, 2024, staff applied for the $20,000 grant.

On July 12, 2024, staff was notified the City was selected and awarded $1,000 from CETF on behalf of the Grant program. Staff is currently awaiting the outcome from CETF regarding the $20,000 grant and should receive notice in the next couple of weeks.

ANALYSIS:

The California Emerging Technology Fund (CETF) offered grants to encourage local governments across California to take a leading role in closing the Digital Divide, promoting Digital Inclusion, and achieving Digital Equity. CETF, in collaboration with various regional and planning organizations, such as the Broadband Consortium Pacific Coast (BCPC), invited counties and cities to participate in a program that assesses leadership efforts in these areas.

Additionally, Mayor Cornejo and Councilmember Crosswhite learned of the opportunity to apply for these funds and shared those with staff at a previous City Council meeting.

Local governments had the opportunity to earn a $1,000 grant by attending one of two workshops and submitting a completed Best Practices Check List on Digital Equity. Those who completed the checklist were then eligible to apply for a $20,000 grant to participate in a "Learning Community," where awardees will engage in workshops to share and learn best 323
practices. CETF will select 25 "Leading Pacesetter Local Governments" to receive these grants, with the funds available to support further Digital Equity initiatives.

Per the award letter (Exhibit A), CETF agrees to provide funding to the City in the amount of one thousand dollars ($1,000) at this time. The funding provisions are very flexible and there are no reporting requirements as long as the funds are used to advance broadband efforts in the community. Due to the fact that the size of the funding is relatively small, staff will work with the Broadband Standing Committee to determine a viable use for the funds. Potential uses if the City is awarded the $20,000 could be to:
provide complimentary Wi-Fi downtown in collaboration with the Property Business Improvement District (PBID)
enhance a local park with Wi-Fi services
explore other uses of the funds to bridge the digital divide Should the City only be the recipient of the $1,000, staff will work with the Broadband Committee to determine a proper use for the funds.

CETF has already disbursed the funds to the City via check along with the award letter (Exhibit A).

STRATEGIC PLAN:

This item is not a goal or objective in City Council’s two-year Strategic Plan, however, it supports Council's vision that the City of Santa Paula is an innovative and collaborative municipal organization delivering exceptional services that enhance a sustainable and vibrant community where residents, families, and businesses can thrive.

FISCAL IMPACTS:

A new budget allocation of $1,000.00 in revenue and matching expenditures is needed.

Should the City be awarded the $20,000, those funds would require the same revenue and matching expenditures.

At this time, the following budget adjustment is recommended:

Account Description
Debit (Increase
Expense)
Credit (Increase
Revenue)
100-5-0511-209 Grant Expenses $1,000.00
100-4-7500-4279 Grant Revenue $1,000.00
OPTIONS:

As an alternative to staff's recommendation, the City Council has the following options:

1. Decline to approve staff's recommendation. If this item is not approved by Council, staff will forfeit the CETF grant funds; or

2. Provide staff with alternate direction.
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ATTACHMENTS:

Exhibit A - CETF Award Notification.pdf
325
326
July 12, 2024
City of Santa Paula
970 E. Ventura St.

Santa Paula, California 93060
ATTN: Jonathan Royas Email: [email protected]
Dear City of Santa Paula:

This is a Grant Acknowledgement from the California Emerging Technology Fund (CETF) confirming the City of Santa Paula was awarded $1,000 after attending a prerequisite Local Government Digital Equity Best Practices Check List Webinar, then completing and submitting the CETF Digital Equity Best Practices Check List – whereby the City of Santa Paula also became eligible to apply for the $20,000 Learning Community Grant Application due on June 28, 2024.

All 58 Counties and 482 Cities in California were invited to participate.  Jurisdictions that attended at least one webinar were eligible to submit the CETF Best Practices Check List to Achieve Digital Equity.  The first 100 Local Governments submitting Check List by May 31, 2024 are receiving a $1,000 Grant which may be used by the jurisdiction for any purpose to advance Digital Equity.

We welcome the opportunity to continue to work together to close the Digital Divide, promote Digital Inclusion, and achieve Digital Equity in California.

General Provisions
As a Grantee, City of Santa Paula, shall not be covered by CETF employer benefits, workers’ compensation or other insurance policies.  Grantee shall indemnify and hold harmless CETF, its present and future Officers, Directors, employees and agents to the fullest extent by law for any and all claims, liabilities, losses and expenses, including reasonable attorney’s fees, directly, indirectly, wholly, or partially arising from or in connection with any negligent act or omission by Grantee.

Grantee may not use CETF funds to carry on propaganda or otherwise attempt to influence legislation within the meaning of the 26 United States Code  Section 4945(d)(1) unless explicitly approved by CETF.  Further, it is our intent and understanding that nothing herein violates any law, regulation or code of ethics.

Sincerely,
Sunne Wright McPeak
President and CEO
Alana O’Brien
Vice President of Operations
Accepted on behalf of City of Santa Paula by:

Signature:

Name   Title
Date
327
To: Honorable Mayor and Members of the City Council
From: Dan Singer, City Manager
Subject: MODIFICATION TO PUBLIC WORKS DIRECTOR SALARY

ASSUMPTIONS
Date: August 21, 2024
Agenda Item: 10.I

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends that the City Council:

Adopt Resolution No. 7537 modifying salary assumptions for the Public Works Director position in the approved City's salary schedule.

BACKGROUND:

The recent announcement by the City's Public Works Director of his pending departure has resulted in a position opening of one of the City's Executives. Recently the City engaged an outside recruiting firm, Peckham & McKinney, to assist the City in advertising, screening and selecting a new Public Works Director. That effort is well underway with an anticipated closing date for prospective applicants on August 23, 2024.

The promotional brochure identifies the current salary range (108) for the position from bottom to top step, as well as the range for candidates who are licensed Professional Engineers (PE) in California, which is 10% higher.

ANALYSIS:

As of the writing of this report, the City's recruiter has expressed concerns with the ability to attract qualified candidates (with or without a PE) to this recruitment because of the existing salary range. While changing the range would not be feasible or appropriate at this time, especially ahead of a pending citywide compensation study, the recruiter has asked whether the City would consider allowing for the full salary range even if a candidate was not a licensed PE.

Making this adjustment would not alter the job classification as a PE is not a current requirement of the Public Works Director position, nor would it alter the existing budget or salary range as the current Public Works Director is currently at the top step of range 108. It would, however, require Council action to eliminate the notation in the salary schedule that both the Public Works Director and the Assistant Public Works Director are entitled to additional (10%) compensation if they have a PE license. 328
Allowing for this flexibility would likely result in a broader candidate pool and a somewhat more competitive salary. It may, however, place the position somewhat out of step with the City's existing compensation structure and other executive-level positions, which would need to be more closely analyzed with a compensation study.

STRATEGIC PLAN:

This modification is not identified as a project or goal within the Council's adopted Strategic Plan.

FISCAL IMPACTS:

This modification does not alter the salary range (108) for the position, nor increase the current budget.

OPTIONS:

Council is under no obligation to make this adjustment at this time. Upon the compensation study's completion, a PE license for the Public Works Director could be more closely studied.

ATTACHMENTS:

Resolution No. 7537 Public Works Salary Assumption.pdf
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RESOLUTION NO. 7537

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

MODIFYING SALARY ASSUMPTIONS FOR PUBLIC WORKS DIRECTOR POSITION The City Council of the City of Santa Paula does resolve as follows:

SECTION 1. Recitals
A. On October 16, 2017, the City Council adopted Resolution No. 7064, which among other things established annual base wage increases for the Public Works Director position from July 1, 2017 through June 31, 2020.

B. City Council thereafter approved a base wage for this position and the Assistant Public Works Director position that was inclusive of a 10% additional pay increase for holders of a California Professional Engineer’s (PE) license.

C. In order to provide more flexibility in filling a vacant position for the Public Works Director, City Council finds that it is in the best interest of the City to remove reference to the PE license from the City’s salary schedule.

D. By removing the notation in the salary schedule, otherwise qualified job applicants will be able to satisfy the minimal position requirements, fill an essential City function, and pursue their PE license.

SECTION 2: Salary Schedule. The City Council approves removing from the current salary schedule the notation referencing inclusion of 10% in the Public Works Director and Assistant Public Works Director base salaries for holding a PE license. This approval does not change the existing salary for either position.

SECTION 3: This Resolution will become effective immediately upon adoption and shall remain in effect unless repealed or superseded.

PASSED AND ADOPTED this 21st day of August, 2024.
________________________________________
Leslie Cornejo, Mayor
ATTEST:
______________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
__________________________________
Monica Castillo, City Attorney
330
To: Honorable Mayor and Members of the City Council
From: Monica Castillo, City Attorney
Subject: PARTIAL ASSIGNMENTS OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 6074 (HARVEST AT LIMONEIRA)
Date: August 21, 2024
Agenda Item: 11.A

CITY OF SANTA PAULA

MEMORANDUM
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution No. 7535 to do the following:

A. Consent to the Partial Assignments of the Subdivision Improvement Agreement for Tract No. 6074; and
B. Authorize the Public Works Director to reduce the performance bond filed by Lewis Limoneira Community Builders LLC for Tract No. 6074 to cover only street improvements, provided Richmond American Homes of Maryland, Inc. and Lennar Homes of California, Inc. first file warranty bonds to cover completed sewer and water improvements.

2. Authorize the City Manager to execute the Partial Assignments and make any necessary changes subject to the approval of the City Attorney prior to recording.

Presented by: Monica Castillo, City Attorney
BACKGROUND:

Pursuant to Title 16 of the Santa Paula Municipal Code and the Subdivision Map Act (California Government Code sections 66410 et seq.), Limoneira Lewis Community Builders, LLC (“LLCB”) and the City entered into a subdivision improvement agreement for the completion of certain public improvements for Parcel Map No. 6065, recorded June 8, 2022.

The agreement was amended in 2023 to reflect the superseding approval of Tract Map No. 6074 over Parcel Map No. 6065 (“Tract 6074 Subdivision Improvement Agreement”). The Tract 6074 Subdivision Improvement Agreement was recorded on May 15, 2023.

Approval of Tract Map No. 6074 further subdivided the Parcel Map No. 6065 area to allow for 121 condominium units and private streets. Tract Map No. 6074’s conditions of approval did not alter the public improvements to be completed for Parcel Map No. 6065.

The Tract 6074 Subdivision Improvement Agreement requires LLCB to construct sewer, water, and street improvements associated with the tract area, to furnish performance bonds to the City to secure their completion, and upon completion and acceptance to furnish the City with 331
10% warranty bond(s) valid for one year.

Since entering the Tract 6074 Subdivision Improvement Agreement with the City, LLCB sold Lot 1 of Tract No. 6074 to home builder Richmond American Homes of Maryland, Inc. (“Richmond”), and Lots 2-4 of Tract No. 6074 to home builder Lennar Homes of California, Inc. (“Lennar”). The community of homes on the Richmond-owned lots is known as Autumnwood and the community on the Lennar-owned lots is known as Olive.

On June 19, 2024, the City Council adopted Resolution No. 7509 to authorize the acceptance of the sewer and water improvements concurrently with City’s receipt of certified as-built drawings for Tract No. 6074. And upon City’s receipt of the 10% warranty bond(s), the resolution also authorized the reduction of the performance bond LLCB filed for the improvements to $104,624.45, which represents the estimated costs of uncompleted street improvements.

LLCB is now requesting the City’s consent to partially assign the Tract 6074 Subdivision Improvement Agreement between the Richmond and Lennar on the terms described in this report. If City Council consents to the partial assignments to Richmond and Lennar, LLCB will remain responsible for completion of the street improvements associated with the Tract No. 6074.

ANALYSIS:

The two proposed Partial Assignments of the Tract 6074 Subdivision Improvement Agreement (see Exhibits A and B to Attachment A [Resolution No. 7535]) have been reviewed by City staff, the City Attorney, LLCB, and prospective assignees. City staff is recommending that the City Council delegate to the City Manager authority on behalf of the City to approve the partial assignments.

As stated in Resolution No. 7509, the public improvements have been completed and a performance bond filed by LLCB. The partial assignments will transfer to the two home builders LLCB’s remaining obligations to file warranty bonds in accordance with the parties’ negotiated shares as follows:

Builder’s Share
Estimated
Improvements Costs
10% Warranty Bond
Lennar (60.69%) $540,768.60 $54,076.86
Richmond (39.31%) $350,322.52 $35,032.25
TOTAL (100%) $891,091.12 $89,109.11
Upon receipt of warranty bonds from Lennar and Richmond, the City will reduce LLCB’s performance bond to $104,654.45 (i.e. the estimated street improvement costs) and exonerate $891,091.12.

STRATEGIC PLAN:

Though this item does not promote a specific objective in the City's Two-Year Strategic Plan, it furthers the following general goal: "Create an environment within the City in which our residents feel safe and which promotes the City as a location of choice for living, working, visiting and recreating."
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FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

OPTIONS:

As an alternative to Staff's recommendation, the City Council has the following options:

1. Decline to adopt the resolution.

2. Adopt the resolution with amendments.

ATTACHMENTS:

Attachment A - Reso. No. 7535 w Exs
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65283.00302\42570641.1
1 ATTACHMENT A
RESOLUTION NO. 7535
Partial Assignments of Tract 6074 Subdivision Improvement Agreement 334
65283.00302\42570641.1
2 RESOLUTION NO. 7535

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA PAULA

APPROVING PARTIAL ASSIGNMENTS OF SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 6074
The City Council of the City of Santa Paula hereby resolves:

SECTION 1: The City Council finds and declares that:

A. Limoneira Lewis Community Builders, LLC, (LLCB) entered into a Subdivision Improvement Agreement with the City of Santa Paula for Parcel Map No. 6065 (“Parcel Map 6065 Subdivision Improvement Agreement”) dated as of April 6, 2022, and recorded in the Official Records of the County of Ventura (the “Official Records”) on June 8, 2022 as Instrument No. 2022000065339.

B. On or around April 5, 2023, LLCB and City entered an Amendment to Subdivision Improvement Agreement for Tract Map No. 6074, recorded in the Official Records on May 15, 2023 as Instrument No. 2023000033520 (the “Amendment”). The Amendment was entered to supersede Parcel Map No. 6065 to further subdivide the Property and build 121 condominium units and private streets. The Parcel Map 6065 Subdivision Improvement Agreement as amended by the Amendment is referred to in this Resolution as the “Tract 6074 Subdivision Improvement Agreement”.

C. The Tract 6074 Subdivision Improvement Agreement requires LLCB to design and construct sewer, water, and street public improvements in accordance with the Santa Paula Municipal Code and the conditions of approval for the corresponding tentative map and to provide financial securities ensuring faithful performance, payment, monumentation, and warranty obligations of the agreement.

D. Since entering the Tract 6074 Subdivision Improvement Agreement with the City, LLCB entered into Purchase and Sale Agreements with home builders Richmond American Homes of Maryland, Inc. (“Richmond”) and Lennar Homes of California, Inc. (“Lennar”) for portions of Tract 6074. Lot 1 of Tract 6074 was sold to Richmond and Lots 2-4 to Lennar.

E. With respect to only the sewer and water improvements for Tract 6074 (“Sewer and Water Improvements”), the Purchase and Sale Agreements obligate each builder to (i) replace its individual share of the performance bond posted by LLCB, (ii) complete any remaining work on the improvements, (iii) post warranty bonds with the City, and (iv) secure final release of the performance bond remaining for the Sewer and Water Improvements.

F. After purchasing Lots 2-4, Lennar entered into a land bank transaction with TPG AG EHC II (LEN) CA 3, L.P., a Delaware limited partnership (“Land Bank”), 335
65283.00302\42570641.1
3 whereby (i) Lots 2-4 were conveyed to Land Bank, (ii) Lennar agreed to construct the sewer and water improvements for those lots; and (iii) Land Bank would hold fee title to Lots 2-4 until such time as they are conveyed to Lennar or other third parties.

G. On June 19, 2024, the City Council adopted Resolution No. 7509 to authorize the acceptance of the Sewer and Water Improvements concurrently with City’s receipt of certified as-built drawings for Tract No. 6074.

H. LLCB has requested the City’s consent to partially assign the Tract 6074 Subdivision Improvement Agreement to Lennar and Richmond (“Partial Assignments”). If granted, LLCB will remain responsible for completing street improvements for Tract No. 6074.

SECTION 2: The recitals set forth above are true and correct.

SECTION 3: Partial Assignments of Subdivision Improvement Agreement. The City Council hereby consents to the Partial Assignment to Richmond attached as Exhibit A, and the Partial Assignment to Lennar, attached as Exhibit B.

SECTION 4: Bond Reduction. The Public Works Director is authorized to reduce the performance bond filed by LLCB for Tract No. 6074 (Bond No. 024255508 – Liberty Mutual) to $104,624.45, representing the estimated costs of street improvements, provided that Richmond and Lennar first file warranty bonds to cover the Sewer and Water Improvements.

PASSED AND ADOPTED by the City Council of the City of Santa Paula this 21st day of August, 2024.
_______________________________
Leslie Cornejo, Mayor
ATTEST:
_________________________
Julie Latshaw, CMC, City Clerk
APPROVED AS TO FORM:
________________________
Monica Castillo, City Attorney
336
65283.00302\42570641.1
4 EXHIBIT A
Partial Assignment to Richmond (Lot 1)
[attached behind]
337
65283.00302\42569468.2

RECORDING AT THE REQUEST OF

AND WHEN RECORDED RETURN TO

CITY OF SANTA PAULA
970 Ventura Street
Santa Paula, California 93060
ATTN: City Clerk
(Exempt from Filing Fees – Gov’t Code §6103)
______________________________________________________________________ Space Above This Line Reserved For Recorder’s Use

PARTIAL ASSIGNMENT OF

AMENDED SUBDIVISION IMPROVEMENT AGREEMENT
(Sewer and Water)
TRACT NO. 6074 Lot 1
APN No: 107-0-360-025
This Partial Assignment of Subdivision Improvement Agreement (“Partial Assignment”) is entered into as of _______________, 2024 by and among Limoneira Lewis Community Builders, LLC, a Delaware limited liability company (“Assignor”), Richmond American Homes of Maryland, Inc., a Maryland corporation (“Assignee”), and the City of Santa Paula, a California municipal corporation (“City”). Assignor, Assignee, and City are from time to time referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. This Partial Assignment of Agreement pertains to certain real property identified as Lot 1 of Tract No. 6074 (“Property”). Under that certain Purchase and Sale Agreement entered on October 20, 2023 (“Purchase and Sale Agreement”) by and between Assignor and Assignee, Assignor obligated Assignee to replace its share of the performance bond posted by Assignor (Bond No. 024255508 – Liberty Mutual) (“Bond”) securing specified public improvements serving the Property and transferred the obligation to complete the improvements to Assignee, including the obligation to complete all work, if any remaining, necessary to have the City accept the water and sewer improvements described in Exhibit A (“Sewer and Water Improvements”) and obtain final release of the Bond.

B. Pursuant to Title 16 of the Santa Paula Municipal Code and the Subdivision Map Act (California Government Code sections 66410 et seq.), Assignor and City entered into that certain Subdivision Improvement Agreement for Parcel Map No. 6065 for the completion of Improvements (as described in Exhibit “B” attached thereto), dated as of April 6, 2022, and recorded against the Property in the Official 338
65283.00302\42569468.2
Records of the County of Ventura (the “Official Records”) on June 8, 2022 as Instrument No. 2022000065339 (“Map 6065 Subdivision Improvement Agreement”), attached hereto as Exhibit B. Map 6065 Subdivision Improvement Agreement was subsequently amended in 2023 in order to replace Parcel Map No. 6065 with Tract Map No. 6074, as detailed in Recital C.

C. On or around April 5, 2023, Assignor and City entered that certain Amendment to Subdivision Improvement Agreement for Tract Map No. 6074, recorded in the Official Records on May 15, 2023 as Instrument No. 2023000033520 (the “Amendment”), attached hereto as Exhibit C. The Amendment was entered to supersede Parcel Map No. 6065 to further subdivide the Property and build 121 condominium units and private streets. The Amendment did not alter the public improvements to be completed. The Map 6065 Subdivision Improvement Agreement as amended by the Amendment is hereafter referred to as the “Amended Subdivision Improvement Agreement.”
D. Section 29 (Binding Upon Successors) of the Amended Subdivision Improvement Agreement does not prohibit Assignor from assigning any interest in the Subdivision Improvement Agreement to successors.

E. On October 26, 2023, Assignor sold Lot 1 of Tract No. 6074 to Assignee and thereafter sold Lots 2-4 of Tract No. 6074 to builder Lennar Homes of California, Inc. on October 30, 2023 (“Lennar”).

F. On June 19, 2024, the City Council adopted Resolution No. 7509 to authorize the acceptance of the Sewer and Water Improvements concurrently with City’s receipt of certified as-built drawings for Tract No. 6074.

G. Assignor now desires to assign to Assignee certain of its rights, duties and obligations under the Amended Subdivision Improvement Agreement with respect to the Property and Sewer and Water Improvements, and Assignee desires to accept and assume such rights, duties and obligations, on the terms and conditions set forth below.

H. On or around the same date Assignor enters this Partial Assignment with Assignee, Assignor intends to enter into a separate partial assignment of the Amended Subdivision Improvement Agreement with Lennar (“Lennar Partial Assignment”) to assign the balance of Assignor’s rights, duties and obligations under the Amended Subdivision Improvement Agreement relating to the Sewer and Water Improvements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Recitals. The Parties agree that the above recitals are true and correct. 339
65283.00302\42569468.2

2. Effective Date. The terms and provisions of this Partial Assignment shall become effective upon execution by all the Parties and its recordation in the Official Records (“Effective Date”).

3. Partial Assignment of Rights and Assumption of Obligations. Except as expressly stated herein, Assignor hereby transfers and assigns to Assignee, and Assignee hereby expressly and unconditionally accepts and assumes the rights, duties and obligations of Assignor under the Amended Subdivision Improvement Agreement including, without limitation, all of the general rights, duties, and obligations of Assignor under the Amended Subdivision Improvement Agreement and all covenants, warranties, waivers, and releases of the Assignor set forth in the Amended Subdivision Improvement Agreement, with respect to the Property and Water and Sewer Improvements. Assignee agrees to observe and fully perform its assigned share of Assignor’s obligations under the Amended Subdivision Improvement Agreement, and to be subject to related terms and conditions thereof, it being the express intention of both Assignor and Assignee that, upon the Effective Date of this Partial Assignment, Assignee shall become one of the assignees substituted for Assignor as the “SUBDIVIDER under the Amended Subdivision Improvement Agreement, with respect to the Property. The assigned rights and obligations described in this Section are referred to hereafter as “Assignee’s Assumed Rights and Obligations.”

4. Estimated Cost of Water and Sewer Improvements.

A. The estimated costs of Water and Sewer Improvements assigned to Assignee is $350,322.50.

5. Secured Obligations. Assignee shall provide City with surety bond(s) issued by The Liberty Mutual Insurance Company, a New Hampshire corporation, which is the same surety Richmond must use under its partial assignment of the Amended Subdivision Improvement Agreement. The surety bond amounts provided by Assignee and Richmond, taken together, shall meet the requirements of Section 11 of the Amended Subdivision Improvement Agreement with respect to the Sewer and Water Improvements.

Accordingly, Assignee will post warranty bonds in the amount of $35,032.25, representing 10% of the amount shown in Exhibit “A” to this Partial Assignment, to secure performance of Assignee’s obligations under the Amended Subdivision Improvement Agreement.

Upon receipt of such warranty bonds from Assignee and Lennar and the Effective Date of this Partial Assignment and the Lennar Partial Assignment, City shall authorize the reduction of any bonds or other security posted by Assignor to secure performance of its obligations under the Amended Subdivision Improvement Agreement to $104,624.45, which represents the remainder of the total estimated costs of improvements (i.e. streets, removals, and adjustments) stated in the Amended Subdivision Improvement Agreement after deducting the estimated costs for the Sewer and Water Improvements.

6. Release. Assignor shall be free from any liabilities accruing on or after the Effective Date of this Partial Assignment with respect to Assignee’s Assumed Rights and Obligations. Thereafter, no breach or default of Assignee’s Assumed Rights and Obligations shall be attributed to Assignor.
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7. Indemnity. In addition to assuming Assignor’s obligations to the City under Section 19 (Indemnification) of the Amended Subdivision Improvement Agreement as they pertain to the Property or Water and Sewer Improvements, Assignee agrees to protect and indemnify Assignor and City from and against any and all claims, losses, or expenses that arise from any failure by Assignee to comply with the terms and provisions of this Partial Assignment.

8. Fully Assumed Obligations. For the avoidance of doubt and in accordance with the Purchase and Sale Agreement, Assignee assumes the following rights and obligations in full with respect to the Property and Water and Sewer Improvements:

Section 5 (Completion by City), Section 6 (Warranty of Improvements Plans), Section 7 (City Not Liable for Plans and Specifications), Section 8 (Warranty of Work), Section 9 (Repairs and Replacements), Section 10 (City’s Right of Entry), Section 12 (Maintenance Bonds), Section 13 (Performance by City or Surety), Section 14 (Surety Bond to Include Letter of Credit), Section 15 (Best Management Practices), Section 16 (Ownership of Documents), Section 17 (Independent Contractor), Section 18 (Cash Charges).

10. City’s Consent. By signing this Partial Assignment, the City Manager, on behalf of the City, consents to this Partial Assignment and acknowledges that Assignor shall be released from Assignee’s Assumed Rights and Obligations as of the Effective Date.

11. Attorneys’ Fees. In any legal action or other proceeding brought by any party to enforce or interpret a provision of this Partial Assignment, the prevailing party shall be entitled to reasonable attorney’s fees and any other costs, including actual fees and costs of experts, incurred in that proceeding in addition to any other relief to which it is entitled.

12. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to Assignor: LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC 1156 N. Mountain Avenue
Upland, CA 91786
Attn: John Goodman
If to Assignee: Richmond American Homes of Maryland, Inc. 5171 California Avenue, Suite 120
Irvine, CA 92617
Attn: ____________________
If to City: CITY OF SANTA PAULA
970 Ventura Street
341
65283.00302\42569468.2
Santa Paula, California 93060
Attn: Director of Public Works
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

13. Governing Law. This Partial Assignment has been made in and will be construed in accordance with the laws of the State of California, without regard to conflicts of laws principles, and exclusive venue for any action involving this Agreement will be in the County of Ventura.

14. Binding Effect. The term of this Partial Assignment constitute a burden and benefit upon the Property. Accordingly, it shall apply to, bind, and inure to the benefit of Assignor and Assignee, and their respective heirs, legal representatives, successors and assigns.

15. Compliance with the Law. Assignee will comply with all laws applicable to this Partial Assignment including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at Assignee’s own cost.

16. Construction. The language of each part of this Partial Assignment will be construed simply and according to its fair meaning, and this Partial Assignment will never be construed either for or against a Party.

17. Severability. If any portion of this Partial Assignment is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Partial Assignment will continue in full force and effect.

18. Captions. The captions of the paragraphs of this Partial Assignment are for convenience of reference only and will not affect the interpretation of this Partial Assignment.

19. Waiver. Waiver of any provision of this Partial Assignment will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.

20. Authority/Modification. This Partial Assignment is subject to and conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon City until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Partial Assignment and to engage in the actions described herein. This Partial Assignment may be modified by written agreement. City’s City Manager may execute any such amendment on behalf of City in accordance with all applicable laws, instruments, agreements, and approvals.
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21. Counterparts. This Partial Assignment may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, this Partial Assignment has been entered into by and between Assignor and Assignee as of the day and year first above written. [Signatures on following pages]
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SIGNATURE PAGE
TO

PARTIAL ASSIGNMENT OF AGREEMENT
ASSIGNOR:

LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC
a Delaware limited liability company
By: __________________________
David Lauletta
Authorized Agent
344
65283.00302\42569468.2

SIGNATURE PAGE
TO

PARTIAL ASSIGNMENT OF AGREEMENT
ASSIGNEE:

Richmond American Homes of Maryland, Inc.
a Maryland corporation
By: _____________________________
Name: _____________________________
Its: _____________________________
345
65283.00302\42569468.2

SIGNATURE PAGE
TO

PARTIAL ASSIGNMENT OF AGREEMENT

CITY OF SANTA PAULA
By: ____________________________
Daniel Singer
City Manager
ATTEST:

By: _____________________________
Julie Latshaw
City Clerk
APPROVED AS TO FORM:

By: _____________________________
Monica Castillo
City Attorney
346
65283.00302\42569468.2

EXHIBIT A
TO

PARTIAL ASSIGNMENT OF AGREEMENT
Water and Sewer Improvements & Cost Estimate
(Tract 6074 Lot 1)
[Attached behind]
347
348
349
350
351
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65283.00302\42569468.2

EXHIBIT B
TO

PARTIAL ASSIGNMENT OF AGREEMENT
Subdivision Improvement Agreement for Parcel Map No. 6065 [Attached behind]
364
RECORDING REQUESTED BY/e_Au
LAWYERS TITLE COMPANY Cer f

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Santa Paula
970 Ventura Street
Santa Paula, CA 93060
No fee per Government Code § 6103
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2022000065339
Recorded In Of Ventura County Records Clerk Mark A. Lunn -Recorder 08/08/2022

01.18 PM VEN
8ANENI7
%ties* 1 Pages' 27
Fees: $0 00 wina Room/

SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map NO. 6065
THIS AGREEMENT ("Agreement") is made and entered into this 194k day of ,zoa_.,„ by and between the CITY OF SANTA PAULA, a general law city and municipal corporation ("CITY") and LIMONEIRA LEWIS COMMUNITY BUILDERS, LLC, a Delaware Limited Liability Company ("SUBDIVIDER").

The Parties agree as follows:

1. RECITALS. This Agreement is made with reference to the following facts and objectives:

A. SUBDIVIDER presented CITY with a final subdivision map on land identified as Parcel Map No. 6065 ("Map").

B. SUBDIVIDER requested that CITY approve the Map before construction and completion of improvements including, without limitation, streets system (roads, parking lots, bicycle and pedestrian facilities, traffic control devices, street name signs, street lights, street trees, storm drains, and bridges); potable water system; wastewater (sewer) system; recycled water system; electric, natural gas, and communication utility facilities; grading and earth retaining structures; flood control facilities; and walls and fences ("Improvements") which are part of or appurtenant to the subdivision ("Subdivision") identified on the Map. The Improvements shall be constructed in accordance with plans and specifications on file with CITY.

C. This Agreement is entered into in accordance with the Subdivision Map Act ("Act") and applicable ordinances adopted by CITY including, without limitation, as codified in the Santa Paula Municipal Code ("SPMC"). 365
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2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to complete the Improvements on the Map set forth in the approved plans and specifications and in conformance with the Map's conditions of approval, CITY standards, and federal and state requirements.

3. ESTIMATED COST OF IMPROVEMENTS.

A. The estimated cost of Improvements is $995,715.57.

B. A copy ofthe cost estimate is attached hereto as Exhibit A and incorporated by this reference.

4. COMPLETION. SUBDIVIDER shall complete the Improvements within thirty-six (36) months after recording the Map or within such further time as may be granted by the City Council.

5. COMPLETION BY CITY. Should SUBDIVIDER fail to complete the Improvements within the time for completion, CITY, at its option, may enter onto SUBDIVIDER's property to complete the Improvements at SUBDIVIDER's cost.

6. WARRANTY OF IMPROVEMENT PLANS. SUBDIVIDER warrants that the plans and specifications for the Improvements shall conform to the approved tentative map and the specific plan for the Subdivision previously approved by CITY's Planning Commission and the City Council, together with all conditions made a part of such approval(s).

SUBDIVIDER further warrants that the plans and specifications can be relied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect, SUBDIVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in accordance with accepted construction practices. SUBDIVIDER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.

7. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Subdivision. And CITY, its officers, officials, employees, agents, representatives, and certified volunteers are not liable or responsible for any claim arising during construction of the Subdivision or Improvements, unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a written objection with the City Engineer before commencing such work or Improvement.

8. WARRANTY OF WORK. SUBDIVIDER warrants that the Improvements will be constructed in conformance with the plans and specifications, CITY standards, and the highest industry standards. Should any Improvement fail to comply with this warranty or 366
DOC #2022000065339 Page 3 of 27
any other provision of this Agreement within one (1) year after CITY's final acceptance, SUBDIVIDER shall, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Should SUBDIVIDER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY will, at its option, make the necessary repairs, replacements, or reconstruction, as determined by CITY. SUBDIVIDER shall pay to CITY the actual cost of such repairs, replacements, or reconstruction plus CITY's administrative costs. This section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.

9. REPAIRS AND REPLACEMENTS. SUBDIVIDER shall repair or replace, as determined by CITY, Improvements and monuments destroyed or damaged by SUBDIVIDER's actions and to repair or replace, as determined by CITY, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement shall be completed to CITY's satisfaction and approval, and at no cost to CITY.

10. CITY'S RIGHT OF ENTRY. SUBDIVIDER grants CITY right of entry to SUBDIV1DER's property to inspect the Improvements constructed by SUBDIVIDER and to ensure compliance with this Agreement.

11. CONTRACT SECURITY.

A. Concurrently with the execution of this Agreement, SUBDIVIDER shall furnish:
i. A surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of improvements as security for the faithful performance of this Agreement;
ii. A surety bond in an amount equal to at least ten percent (10%) of the estimated cost of the grading activities as security for the faithful performance of the grading activities;
iii. A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.

B. SUBDIVIDER agrees that the form of the bonds provided by CITY are substantially similar to Government Code §§ 66499.1 and 66499.2.

C. The surety bonds shall be paid and in effect for one year after CITY's final acceptance of the Improvements in accordance with the warranty required by Section 8.
367
DOC #2022000065339 Page 4 of 27

12. MAINTENANCE BONDS. The bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least ten percent (10%) of the sum shown in Section 3 is filed with CITY. The maintenance bond will be released one (1) year from the date of final acceptance of the Improvements.

13. PERFORMANCE BY CITY OR SURETY.

A. Should SUBDIVIDER fail to construct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER's faithful performance bond demanding satisfactory compliance with this Agreement.

B. Should CITY serve such written notice, CITY may do any one, or combination of, the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five (5) days, assume control and construct the Improvements as SUBDIVIDER's successor,
ii. CITY may construct the improvements itself, or by contract, at SUBDIVIDER's expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on the site of the work without liability to CITY. SUBDIVIDER's surety will be liable to CITY for any excess cost of damages incurred by CITY.

C. Nothing in this section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.

14.SURETY BOND TO INCLUDE LETTER OF CREDIT. The term "surety bond" also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term "surety" includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in the State of California.

15. BEST MANAGEMENT PRACTICES. SUBDIVIDER agrees to use best management practices ("BMPs"), as that term is defined under applicable law including, without limitation, the Santa Paula Municipal Code, in constructing the improvements anticipated by this Agreement SUBDIVIDER's failure to comply with the terms of this Section constitutes a material breach of this Agreement.
368
DOC #2022000065339 Page 5 of 27

16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports specific to the improvements identified herein prepared by SUBDIVIDER under this Agreement are CITY's property. SUBDIVIDER may retain copies of said documents and materials as desired, but must deliver all original materials to CITY upon CITY's written notice.

17. INDEPENDENT CONTRACTOR. CITY and SUBDIVIDER agree that SUBDIVIDER will act as an independent contractor and will have control of all work and the manner in which it is performed. SUBDIVIDER will be free to contract for similar service to be performed for other employers while under contract with CITY. SUBDIVIDER is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct SUBDIVIDER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.

18. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.

19. INDEMNIFICATION.

A. SUBDIVIDER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out ofthis Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, SUBDIVIDER must defend CITY (at CITY's request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers.

C. The Parties agree that this section will remain in full force and effect until the Improvements have been formally accepted by CITY.

D. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
369
DOC #2022000065339 Page 6 of 27

20. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, SUBDIVIDER must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial General Liability $2,000,000 Occurrence
(Bodily Injury, Personal Injury, and
Property Damage)
Commercial Automobile Liability $2,000,000 Per Accident (Any Auto Hired and Non-Owned
Liability)
Worker's Compensation Statutory
Employers Liability (Bodily Injury by $1,000,000 Each Accident Accident)
Pollution Liability $2,000,000 Per Claim, or
occurrence $4,000,000
aggregate
B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage.

Liability policies must be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88.

Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. SUBDIVIDER must furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:V(1." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. SUBDIVIDER 370
DOC #2022000065339 Page 7 of 27
will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

21. NOTICES.

A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows:

If to the City
City of Santa Paula
Public Works Department
Attn: Clete J. Saunier, P.E., Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
If to the Subdivider
Limoneira Lewis Community Builders LLC
c/o Lewis Management Corporation
Attn: David Lauletta
133 N. 10th Street
Santa Paula, CA 93060
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.

C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

22. COMPLIANCE WITH LAW. SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER's own cost.

23. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

24. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
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DOC #2022000065339 Page 8 of 27

25. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

26. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.

27. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in the County of Ventura.

28.AUTHORITY/MODIFICATION. This Agreement is subject to arid conditioned upon approval and ratification by the Santa Paula City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. C1TY's City Manager may execute any such amendment on behalf of CITY.

29. BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon SUBDIV1DER's heirs, successors and assigns.

30. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between SUBDIVIDER and CITY respecting the maintenance of the Property's common areas and correctly sets forth the obligations of SUBDIVIDER and MY There are no other understandings, terms or other agreements expressed or implied, oral or written. 372
DOC #2022000065339 Page 9 of 27
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF SANTA PAULA,
a municipal corporation.

ATTEST:

Juli
Ci
Latshaw,
lerk
APPROVED AS TO CONTENT:
a2c
Daniel

Singer,
City Manager
APPROVED AS TO FORM:
(4e' JQhn C. Cotti,
City Attorney

LIMONERA LEWIS COMMUNITY

BUILDERS, LLC,
a Delaware Limited Liability Company.
ifit—A4,Jr David Lauletta,
Authorized Agent
373
DOC #2022000065339 Page 10 of 27
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Ve ohu,
On Mel Pc-Arl 10 20.11- before me, 4(eg M6Ca 1411, (-Oaf RA, hieC Date Here Insert Name and Title of the Officer
— personally appeared IA
Name(s) of
OAAle.-1401
Signer(s)

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.

ALEX MCCARTY
Notary Public • California
Ventura County Commission # 2339168
My Comm. Expires Jan 1, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
S gnature ofNotary Public
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 5 vi st'co rmiorove 41-e'd eoeil /- Document Date: Number of Pages: 3
Signer(s) Other Than Named Above: Dosii Si'4j p
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Corporate Office e(s):
o Partner 0 Limited 0 General 0 Partne Imited U General O Individual 0 Attorney in Fact idual 0 Attorney In Fact o Trustee 0 Guardian orçgnservt6i 0 Trustee U Guardian or Conservator o
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is

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0 Other:
0 Corporate Officer - Title(s).

Signer is Representing:
©2018 National Notary Association
374
DOC #2022000065339 Page 11 of 27
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
1,1 •
A notary public or other officer completing this certificate verifies only the identity ofthe Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of \I e.).11- LAVA
On of&tt. 7 , a.e) a.

Date
personally appeared
1 before me,Z.U.t.t.C. X. LAMS*4 tft vslionoay 1'%tL1L., Here insert Name and rItie of the Officer
ZkLy CAO.Sfit4)%4 it Name(s) ofSigner(s)
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(les), 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.

JUUE A. LATSHAW
Notary Public • California- 2,
Ventura County Commission #2243215 " My Comm. Expires May 19, 2022 Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signature ofNotary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title
Document
or Type
Date:
of Document
Number of Pages:

Signer(s)
Capacity(ies)
Signer's Name:

Other
Claimed

Than Named
by Signer(s)
Above:
o Corporate Officer — Title(s):
in Partner Limited 0 General
O individual 0 Attorney In Fact
O Trustee 0 Guardian or Conservator
Signer
Other:
is

Representing:

Signer's
0 Corporate
Name:

Officer

— Title(s).