No Item Quantitv Units Unit Price Total
67 Furnish and Install DRAIN
BLOW-OFF ASSEMBLY PER
YLWD STD PLAN W-27
1 EA
S,tiøo--
$
<-qêê.. -
$
68 Fumish and Install2" AIR-VAC
RELEASE PER YLWD STD
PLAN V/-10
2 EA
6,çoo. -
$
17.aôô ".-
$
69 Roadway Signage I LS $ , '--o .- $
70 Permanent Pavement Delineation
& Pavement Markings
I LS $
LÇreëc "-- Z-I'. øc8 . --
$
71 lnstall 1.5" Street Light conduit
per SCE plan
47 LF
tle'" ^
$
'7.n1a,'-
$
72. Install 3" Street Light conduit per
SCE plan
1 )1 73 LF
'lo
$
1b, ctzo,
-
$
73 lnstall Street Light handhole per
SCE plan
6 EA
LÐ9o-'-
$
L, 3aa .'-
$
74. Portable Changeable Message
Signs
6 EA $
2 OttleÒ
.
'7't, ñ.
$
!
l2e ,oøo ,.-
75 Temporary K-Rail w attenuators 1.000 LF $ lot,. '- I l*) ,øaa - -
$
76 Install Traffic Signal at Casa Loma
Avenue
1 LS
37 Ç,oa¿., --
$ $
? 7 (,aac'
t7 Install Traffic Signal at Eureka
Avenue
I LS $
31o,eaa. -
7q ê,6cþ ,
-
$
78 New Econolite Cobalt Controller 1 EA $ l7-.¿¡n .- lL' o¿'n ' -
$
79 12 SMFO Cable 300 LF $ 2.<C) $ '71o . -'
80. 144 SMFO Cable 6000 LF $ q.<", L7.æ-
-
$
81 Fiber Patch Panel 5 EA $ '),toa $
82. #6 Fiberlyte Pull Box
(Interconnect)
6 EA
I ¡1.Ðo
$
cltLroa.-
$
83 Splice Enclosure 5 EA $ z, 7ô6 .-- $ la.l¿a
84. Splice Vault 5 EA lô, ùeo $ '' $
85 Actelis ML684D Ethernet Switch I EA ^ I/oóÐ. þ'tf¿tc- - $ .r. ^^.. - -
86. Actelis ML5114D Ethernet Switch 4 EA ô \-t ò 3, ¿¿n -- 14. únø - - $
87 2" PVC Conduit- Valley View
Ave to Casa Loma Ave
1350 LF
\t. -
$
S4,r¿¡a --
$
88 2" PVC Conduit - Casa Loma Ave
to Eureka Ave
1400 LF
'lL. -
$
5( ,gæ.
*
$
89 3" PVC Conduit 25 LF $ lSa . .-
<Ì\ 3 ,?go, - ù --' -ä^ "- /,
90 Remove existing twisted pair
signal interconnect
1400 LF
z.zS
$
3.ttô-
-
$
9t #14 Green Trace Wire s300 LF $ io-s S L. ¿,t< .-
92. CRACK ROUTING AND
SEALING
10,400 LF
7.<
$
2 $
z8 "¿,6r, .
- 93 INSTALL WOOD FENCE AND
GATE AT 43OI SAN RUFINO
1 LS
lltô¿l¡¿t.
-
$
1< ,6ôó .
-
$
No. Item Quantitv Units Unit Price Total
94. INSTALL PERVIOUS
BACKFILL, DRAINS AND
WEEPHOLES
l5 CY $
tlø,--
$
(r roêô , -
95 TEMPORARY LIGHTING ALLOWANCE LS $15,000 $1s,000
96. UNCLAS S IFIED EXCAVATION
(LOCAL BORROW)
1,500 CY $
8,50
$
tz.."t<o -
-
97 UNCLASSIFIED FILL 1,s00 CY $ ,<-- s -- -,"^
NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from freld measurements. If the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail.
TOTAL BID PRICE IN FIGURES \
$
TOTAL BID PRICE IN WORDS
44¿ê) {p.t n^r".r-ro^J €,ta¡,tffi thrF., øe-ÊÞ f_tU2l+Tr/- Í.t -tlltr .-¡g¿rJs.*rrl Ò VôJ€- iÌ¿perLÉ> S¡x-rv -14¿Þ rrÞLLÊ¿s j f fff V cÉ.;':.ç The lowest bid will be determined on the basis of the base bid only. Increases or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications, unless otherwise noted in the Sþecial Provisions. Full compensation will be paid at the contract price for the actual work completed, and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed.
PROPOSAL
No couryensation will be allowed for disposing of rejected or excess material, The City reserves $e righ! to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price anúthe totali shown by the biddea tlre unit price will be considered to be the bid.
Bídder's Na¡ne
Telephone No.
Sullv-Miller Con tractinq Companv
714t578-9600
IN WTTNESS \ryHEREOF, BIDDER execufes and submits this proposai wifh fhe names, títles, hands, and seals of all forenamed principals this 13th day of SeÞtember, Z0ZZ, BIDD n Com
Jeff Galterio, Assistant Secreta ry
Subscribed and sworn to before me fhis day of 2AZZ.
SIGNATURE NOTARY PUB LIC
(PRTNT)
J,ffi?.î"i,¿îa;x,îÎiîff,?ff *'i'ïff''
P-ran
(STGNATURE)
cALlFORlllA JURAT WITH AFFIAI{T STATEMEI{T GOVERNMENT CODE S 8202 "(
e See Attached Document (Notary to cross out lines 1-6 below) n See Statement Below (Lines 1-6 to be completed only by document signer[s], nof Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 thai document.
State of California Subscribed and sworn to (or affirmed) before me County of Oranqe
on this 22nd ¿ay ot September ,20 22,
by Date Month Year
(1 Jeff Galterio
(and
0range County
Commlsslon f, 2377975
Comm. [rplres Oct 9, ?025 proved to me on the basis of sati evidence to be the perso who app
r,
re me
Signature
Signature of Notary Public
J els, Notary Public
Sea/
Place Notary Seal Above
OPTIONAL
Though fhis secfion is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Proposal-Signature Page Document p¿1s. September 13,2022 Number of Pages: 1 Signer(s) Other Than Named Above: None @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5910 @.
J, DÀNITTs
Notaty Publlc - Callfornla
t
Name(s) of Signe(s)
(sEAL)
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified and that it was accompanied by the required guaraotee in the minimum amount of ten percent (I07o) of the üotal bid.
B
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PROFESSIONAL SERVICES AGREEMENT
FOR
GEOTECHNICAL OBSERVATION AND TESTING SERVICES FOR THE
BASTANCHURY ROAD IMPROVMENTS PROJECT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of November 1, 2022, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and GMU Geotechnical Inc., a (insert legal entity such as “a sole proprietorship” or “a California corporation”) (“Consultant”).
NOW THEREFORE, the parties hereto agree as follows:
SECTION ONE: SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to provide Geotechnical Observation and Testing Services for the Bastanchury Road Improvements Project, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.
1.2 Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefor.
1.3 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
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1.4 Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment, or personal property included within the services herein shall be of good quality, fit for the purpose intended.
1.5 Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.
1.6 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.
SECTION TWO: COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Ninety-Four Thousand, Four Hundred Forty Dollars ($194,440.00) (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.
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SECTION THREE: PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term. The term of this agreement shall commence on November 1, 2022, and terminate upon completion of project. This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.11 or
8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.
SECTION FOUR: COORDINATION OF WORK
4.1 Representative of Consultant. Ali Bastani, Director of Engineering is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith. A substitution of the designated representative must be approved in advance by the City.
4.2 Contract Officer. The Contract Officer shall be Rick Yee, Deputy Director of Public Works/Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
SECTION FIVE: INSURANCE AND INDEMNIFICATION
5.1 Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain all such insurance in full force and effect at all times during the term of this License and any
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extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent or as otherwise approved by City.
5.2 Consultant shall take out and maintain the following insurance:
5.2.1. Workers' Compensation and Employer's Liability Insurance: Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
(a) “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” (b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.”
5.2.2. Commercial General Liability Insurance providing coverage in the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.
5.2.3. Comprehensive Automobile Liability Insurance, including owned, nonowned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
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5.2.4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors, or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement.
Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the contract work. Consultant shall purchase a one-year extended reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.
5.3 Endorsements: The policies of liability insurance provided for in Paragraphs
5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
(a) “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
(b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.” (c) “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
(d) “Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.” (e) “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.”
5.4 Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City the original policies of insurance required by this Section 5 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein, and copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a
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signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.5 Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.
5.6 Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.
5.7 Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.
5.8 Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement.
The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.
5.9 Indemnification. Consultant shall indemnify, defend, and hold City and City's agents, officers, and employees (“City Personnel”) harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:
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5.9.1. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney's fees incurred in connection therewith, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.
5.9.2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..
5.9.3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..
SECTION SIX: RECORDS, REPORTS, AND INTELLECTUAL PROPERTY.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
6.4 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect.
6.5 Intellectual Property and Proprietary Information.
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6.5.1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.
6.5.2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.
6.5.3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used, or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
SECTION SEVEN: RELEASE OF INFORMATION/CONFLICTS OF INTEREST.
7.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
7.2 Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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7.3 Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor.
Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
7.4 Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents, or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement.
Consultant further covenants that neither it nor any of its officers, employees, agents, or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES.
8.1 Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.
8.2 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.
8.3 Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
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8.4 Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation.
Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
8.5 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.6 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.7 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.
8.8 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
8.9 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Consultant requiring City's consent or approval shall not
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be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.11 Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.
8.12 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.
8.13 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
8.14 Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times 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, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.
8.15 Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to
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City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
8.16 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. Consultant shall defend, indemnify and hold the City, its elected 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.
8.17 Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.
SECTION NINE: MISCELLANEOUS
9.1 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing.
Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
To City: CITY OF YORBA LINDA
Attention: Rick Yee, Deputy Director of Public
Works/Assistant City Engineer
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: GMU Geotechnical, Inc.
Attention: Ali Bastani, Director of Engineering
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
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9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.
9.3 Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.
9.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
9.6 Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
9.7 Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
9.8 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, and (2) the Consultant’s signed, original Proposal dated October 11, 2022 (“Consultant’s Proposal”), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal is hereby incorporated by reference and made a part of this Agreement. All provisions of this Agreement and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”). [SIGNATURES BEGIN ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By:
Its:
CONSULTANT:
GMU Geotechnical, Inc.
By:
Name:
Title:
ATTEST:
By:
Marcia Brown, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By:
City Attorney, City of Yorba Linda
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT C
SCHEDULE OF PERFORMANCE
Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit “A” in accordance with the attached project schedule.
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EXHIBIT B
SCHEDULE OF COMPENSATION
Payment shall be on a “Fixed Fee” basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Ninety-Four Thousand, Four Hundred Forty Dollars ($194,440.00) except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 1
st day of November 2022, by and between
the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal corporation of the State of California (hereinafter referred to as “City”), and NV5, Inc., 163 Technology Drive, Suite 100; Irvine, California 92618 (hereinafter referred to as “Consultant”).
WITNESSETH:
WHEREAS, the City and the Consultant entered into an Agreement for Professional On-Call Consultant Services dated May 17, 2022, for services related to the Construction Management and Inspection Services for the Bastanchury Road Widening from Casa Loma Ave. to Eureka Ave.; and
WHEREAS, the City and the Consultant desire to enter into an amendment to the Agreement; and WHEREAS, the City and the consultant agree to amend the scope of services specified in Section
1.2 of the agreement to include additional Construction Management and Inspection services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project; and WHEREAS, the City and the Consultant desire to amend the compensation specified in Section
2.1 Contract Sum of the Agreement will be amended to include an additional One Hundred Twenty-Seven Thousand and Seventeen Dollars ($127,017) for additional Construction Management and Inspection services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project per Amendment No. 1; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:
1. In accordance with Section 1.1 Scope of Services of the Agreement, the scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services described in the Additional Scope and Fee Schedule attached here to as Exhibit “A-2”.
2. In accordance with Section 2.1 Contract Sum, and Exhibit “A” Schedule shall include an additional One Hundred Twenty-Seven Thousand Seventeen Dollars ($127,017) for additional Construction Management and Inspection services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project, increasing the total not to exceed Agreement Task Order amount to Four Hundred Ninety-Three Thousand Four Hundred Ninety-Seven Dollars ($493,497).
Except as amended pursuant to this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect and shall govern the services provided under this Amendment No. 1. [SIGNATURES ON THE NEXT PAGE]
CITY OF YORBA LINDA
Dated: By:
MARK A. PULONE
CITY MANAGER
ATTEST:
Marcia Brown
City Clerk
________________________
Dianna Honeywell
Finance Director NV5, INC.
APPROVED AS TO FORM: By:
RUTAN & TUCKER LLP (Print)
(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 October 20, 2022
Rick Yee, P.E.
Deputy Director Public Works/Assistant City Engineer
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Subject: Amendment – Bastanchury Road Improvements from Casa Loma Avenue to Eureka Avenue
Dear Mr. Yee,
NV5, Inc. (NV5) submits this budget amendment request for a total of $127,017.00 for additional Construction Management and Inspection services for the subject project. The requested total is required to cover additional, as well as deleted, services during the preconstruction and construction phases.
Specifically, the added and deleted services are outlined as follows:
1. Constructability reviews of the contract documents and the engineer’s project schedule
2. Participation in various meetings, including the Pre-bid site meeting
3. Added Construction Management and Inspection coverage based on increased contract duration (from 200 working days to 295 working days)
4. Credit for deleted Geotechnical/Materials Testing and Deputy Inspection Services Attachment A details the requested amount.
Please know that we do not take this request lightly, and that we do not submit such requests unless the conditions of the project have changed, making it infeasible for us to provide the required services within the original budget proposal. We greatly appreciate your consideration of this matter and we thank you for the opportunity to work with the City on this project. Should you have any questions or require additional information, please contact me at (949) 585-0477 or via email at [email protected] Respectfully submitted,
NV5
Peter Salgado, PE
Director of Construction Management
PN: P27022-0001588.00
PARKS AND RECREATION DEPARTMENT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JEFF RUTH, PARKS AND RECREATION
SUPERINTENDENT
SUBJECT: APPROVE AN AMENDMENT WITH ADVANTAGE MAILING LLC FOR
PRINTING SERVICES OF THE QUARTERLY PARKS AND RECREATION
ACTIVITY GUIDE
RECOMMENDATION
It is recommended that the City Council:
Approve Amendment No 1 with Advantage Mailing LLC for printing services with the Parks and Recreation Department.
BACKGROUND
A competitive bidding process was released to vendors in October 2021. This process included the preparation of specifications to solicit bids for printing, binding, and packaging the Activity Guide. Specific requirements were set forth within the bid packets and vendors were evaluated based on various factors including their experience, cost of services, and ability to meet and work with the production schedule of the Activity Guide. After review of the bids received, Advantage Mailing LLC was selected as the preferred vendor and an agreement was entered into with Advantage Mailing LLC for printings services (Attachment 1).
DISCUSSION
The Parks and Recreation Department’s Activity Guide is a quarterly brochure that contains general city information and a listing of classes, activities, and special events offered by the Parks and Recreation Department and the Yorba Linda Public Library. Approximately 24,000 Activity Guides are mailed to every household in Yorba Linda quarterly with additional copies made available at each city facility. In addition, other publications such as the Arts for All newsletter and the Senior Bulletin use contracted printing services due to quality of production and the number of copies printed. The original agreement identified a total cost for services of approximately $43,000, based on the quantity and page count identified in the request for proposal, which is less than what was printed. The costs to print only increased due to the increased quantities ordered, of approximately 28,000 Activity
APPROVE AN AMENDMENT WITH ADVANTAGE MAILING LLC FOR PRINTING SERVICES
OF THE QUARTERLY PARKS AND RECREATION ACTIVITY GUIDE
P a g e | 2
Guides, and an increase page count for each edition. Additionally, the vendor is printing the Arts for All newsletter to advertise classes and programs offered at the Cultural Arts Center and will be printing future editions of the Senior Bulletin.
FISCAL IMPACT
Administrative Order Policy #60- Purchasing, Bidding, & Contracting, require City Council approval for professional services contracts exceeding $75,000. Staff recommends extending the current agreement for one (1) additional year, Amendment No 1. (Attachment 2). Printing services are annual expenditures and are included in the Parks and Recreation adopted budget. The total fiscal impact is $125,000 for a one-year period, which will include print services for the Activity Guide, Arts for All Newsletter, and the Senior Bulletin.
ALTERNATIVES
Do not approve the agreement and provide further direction to staff.
ATTACHMENTS
1. Professional Services Agreement with Advantage Mailing LLC
2. Amendment NO.1 to the Professional Services Agreement with Advantage Mailing LLC
1 AMENDMENT NO.1 TO THE
OCTOBER 21, 2021 AGREEMENT
BETWEEN
ADVANTAGE MAILING AND THE CITY OF YORBA LINDA FOR
PRINTING SERVICES FOR THE QUARTERLY RECREATION
AND PUBLIC LIBRARY ACTIVITY GUIDE
THIS AMENDMENT NO. 1 is made and entered into this 1
st day of November 2022,
by and between the City of Yorba Linda (“City”) and Advantage Mailing (“Consultant”).
WITNESSETH:
WHEREAS, the City and Consultant entered into an Agreement for Professional Services dated October 21, 2021 (“Agreement”) to provide printing services for the quarterly Recreation and Public Library Activity Guide; and WHEREAS, the City desires to extend this Agreement through November 1, 2023. The contract may be extended for three (3) additional one (1) year periods upon mutual approval between the City staff and quarterly activity guide printing consultant.
NOW, THEREFORE, it is mutually understood and agreed by City and Consultant that the Agreement is hereby amended in the following particulars:
1. Exhibit “B” of the Agreement entitled “Schedule of Services” will be amended to reflect the production schedule for 2023 as provided on Attachment “A” of this amendment.
2 2. The total compensation for the scope of services, Exhibit “A” of the Agreement, provided pursuant to this Amendment No. 1 shall not exceed one hundred twenty five thousand dollars ($125,000), otherwise approved in writing by the City.
IN WITNESS WHEREOF, the City and Consultant have caused this Amendment No. 1 to the Agreement to be executed on the date first written above.
CITY OF YORBA LINDA ADVANTAGE MAILING LLC
By: By:
Carlos Rodiguez
Mayor
Name:
Title:
Attest:
[If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED]
By:
Marcia Brown By:
City Clerk
Name:
Title:
Approved as to Form:
By:
Rutan & Tucker LLP
City Attorney
Amendment No.1
October 2021 Agreement between City and Advantage Mailing LLC
Attachment A
CITY OF YORBA LINDA
PLANNING COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: October 26, 2022
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF OCTOBER 12, 2022, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Commissioner Masterson approving the October 12, 2022, Planning Commission meeting minutes. The motion carried (5-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson, Singh
NOES: None
ABSENT: None
ABSTAIN: None
CONTINUED CONDITIONAL USE PERMIT 2022-20 LOUGHRAN
A motion by Commissioner Bernstein, Second by Chair Pro Tem Pease to adopt Resolution No. 5528 approving Conditional Use Permit 2022-20 Loughran with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson, Singh
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2022-16, DESIGN REVIEW 2022-03 AND ADMINISTRATIVE ADJUSTMENT 2022-08 DISH WIRELESS
A motion by Chair Pro Tem Pease, Second by Commissioner Bernstein to adopt Resolution No. 5529 approving Conditional Use Permit 2022-16, Design Review 2022-03 and Administrative Adjustment 2022-08 Dish Wireless with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Singh, Darnell, Bernstein, Masterson, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2022-46 TARGET
A motion by Chair Pro Tem Pease, Second by Commissioner Singh to adopt Resolution No. 5530 approving Conditional Use Permit 2022-46 Target with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson, Singh
NOES: None
ABSENT: None
ABSTAIN: None Page 246 of 389
2 CONDITIONAL USE PERMIT 2022-40 HOLMAN
A motion by Commissioner Singh, Second by Chair Pro Tem Pease to adopt Resolution No. 5531 approving Conditional Use Permit 2022-40 Holman with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson, Singh
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ADJUSTMENT 2022-13 KIM
A motion by Commissioner Bernstein, Second by Commissioner Singh to approve by minute motion Administrative Adjustment 2022-13 Kim with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson, Singh
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:18 p.m. to the November 9, 2022, Planning Commission meeting at 6:30 p.m.
CITY CLERK'S OFFICE
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
It is recommended that the City Council receive and file this report.
DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ATTACHMENTS
1. Reports from City Council Organizations, Agencies and Committees
MONTHLY REPORT:
September
Monthly Year to Date (YTD) County Monthly County YTD
OPERATIONS
Service Requests Completed: 43 72 1393 4,045
Mosquitoes: 38 63 1213 3,224
Rats: 1 5 79 418
Rifa: 4 17 81 349
Number of Swimming Pools Treated/Inspected: 15 246 580 7,611 Hours Spent Treating/Inspecting Gutters 6 37.41 798.43 4,889.3 Undergrounds Treated: 38 88 4,014 21,958
Acres of Flood Channels Treated: 0.3 1.54 144.89 798.7634 Acres of RIFA Treated/Inspected: 606 1,398 9,781 58,337 Number of Inspection Treatments: 26 232 1,175 8,026
LABORATORY
Adult Mosquitoes Collected: 551 2460 21,347 176,217
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 13 26 1,357 3,479
Mosquito Pools (Samples) Tested: 20 91 644 4,700
WNV Positive Samples: 0 0 1 31
WNV Positive Birds: 0 0 0 0
Number of Human Infections/Deaths: 0 0 0 5
Fleas, Ticks, and Others Tested: - - - 845
COMMUNICATIONS
Outreach Events Attended: 0 2 5 43
General Presentations: 0 1 2 18
Educational Program Presentations: 0 0 9 120
Calls Received - - 466 2,276
None at this time
TOTAL 17
AVERAGE 3.40
Yorba Linda
PROJECTS IN COLLABORATION WITH OCMVCD
COUNTY RESPONSE LEVEL / AVERAGE RATING:
Normal Season (1.0 to 2.5)
Elevated Risk (2.6 to 4.0)
High Risk (4.1 to 5.0)
Orange County Mosquito and Vector Control District
November 2022 Here’s a preview of items the Commission will consider at the November 9 Regular Meeting to take place at County Administration North (CAN) 400 W. Civic Center Drive, First Floor Multipurpose Room 101, Santa Ana, CA 92701.
Recognition of Commissioner Bartlett
Commissioner Bartlett has been a member of the
Commission since 2015. The Commission invites all
interested parties to join in the recognition for her
commitment to the agency and dedication to public
service.
It's Audit Time
It’s that time of year again, and at the next meeting, the Commission will receive a report on the agency’s FY
2021-22 audited financial statements prepared by Davis
Farr LLP. The statements will be presented by the firm’s partner noting that OC LAFCO is in compliance with
Generally Accepted Accounting Principles, holding an
unqualified opinion, which indicates the audit report has been issued with no reservations regarding the state of the agency’s financial statements.
Annual Calendar
The Commission will consider adoption of the agency’s
calendar for 2023.
Orange County Employees Retirement System (OCERS)
FY 2023-24 Contribution Rates and Prepayment
Program
Each year, the Commission is required to adopt the
employer contribution rates for OC LAFCO employees. In
June of 2022, the OCERS Board of Directors adopted new
employee and employer contribution rates for FY 2023-
24, effective July 1, 2023. The employer contribution
plan rates for FY 2023-24 reflect a general decrease of 2.8 percent from the current plan rates. As part of this item, the Commission will receive a report on the OCERS
prepayment program, which has resulted in cost-savings
to the Commission in pension expenditures over the past several years.
Open Meetings and Teleconference for State and Local
Agencies
On September 13, 2022, Governor Newsom signed
Assembly Bill 2449 into law which will become effective on January 1, 2023. The Commission will receive a report from legal counsel regarding the bill's implications
related to teleconference procedures to allow members
of a legislative body to participate remotely.
Informational Item
Video FAQs
The Commission will receive a presentation from OC LAFCO staff on the agency’s innovative outreach videos, which provide information on OC LAFCO’s role and mission. The FAQs are a major component of the Communication Plan’s communication vehicles and tools.
November 2022 (Continued)
ANNOUNCEMENT
CALAFCO 50 years +1
The 2022 Annual CALAFCO Conference was one for the books! As the conference host this year, OC LAFCO’s Commissioner Bartlett started the conference by welcoming over 250 attendees to Orange County and providing opening remarks. The conference included numerous informative sessions including a mobile workshop. During the mobile workshop, OC LAFCO staff highlighted several of our local coastal agencies that provide municipal services to Orange County residents.
Additionally, Commissioner McGregor was reelected to serve a second term on the CALAFCO Board of Directors as one of the Southern Region representatives. Lastly, Executive Officer, Carolyn Emery was awarded the “Outstanding LAFCO Professional” by her colleagues and peers. The award is in recognition of Ms. Emery’s dedication, commitment, and impact she has made during her 20 years representing OC LAFCO and supporting CALAFCO. The next CALAFCO Annual conference will take place at Monterey to be held on October 18-20, 2023.
PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 1, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E. DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT WITH MARK
THOMAS FOR FINAL DESIGN OF YORBA LINDA BOULEVARD AND SAVI RANCH PARKWAY WIDENING PROJECTS (SI211001 AND SI211002)
RECOMMENDATION
It is recommended that the City Council:
1. Approve a supplemental budget appropriation of $402,303 from the Measure M2 Fund (212) with a corresponding increase to the Capital Improvement Program (CIP) Project budget for Project SI211001; and
2. Approve a Professional Services Contract with Mark Thomas in the amount of $2,519,613 for the Yorba Linda Boulevard and Savi Ranch Parkway Widening Project; and
3. Authorize the City Manager to approve additional expenditures up to $ 377,942 (15% of the agreement value) in contract contingencies for potential additional services and unanticipated work that may arise; and,
4. Authorize the City Manager to sign and execute the professional service agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
BACKGROUND
Yorba Linda Boulevard between La Palma Avenue and the 91-Freeway interchange is currently identified as a project in the City’s Capital Improvement Program (CIP) because of the need to address congestion along this stretch of roadway. Also identified in the City’s CIP and closely linked to this project is the Savi Ranch Parkway improvement that involves intersection enhancements at Yorba Linda Boulevard and widening of Savi Ranch Parkway.
Circulation along this segment of Yorba Linda Boulevard is hampered due to high traffic volumes and close proximity to the intersections with Savi Ranch Parkway and the 91 Freeway On/Off ramps. Efforts to refine the scope of these projects was accomplished through the recent preliminary engineering and environmental document preparation efforts.
A P P R O V E P R O F E S S I O N A L S E R V I C E S C O N T R A C T W I T H M A R K
T H O M A S F O R F I N A L D E S I G N O F Y O R B A L I N D A B O U L E V A R D A N D S A V I R A N C H P A R K W A Y W I D E N I N G P R O J E C T S ( S I 2 1 1 0 0 1 A N D S I 2 1 1 0 0 2 )
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The scope of services being considered with this request is for final design and regulatory permitting of the improvements for Yorba Linda Boulevard and Savi Ranch Parkway (between La Palma and Santa Ana Canyon Road). A portion of the project limits extend into the City of Anaheim. Accordingly, the City of Anaheim is a key stakeholder and as such, on February 1, 2022, City Council had approved a Cooperative Agreement with the City of Anaheim pertaining to respective fair share costs.
DISCUSSION
Staff issued a Request for Proposals (RFP) for design in June 2022 to an extensive list of design firms. The recipients of the RFP were firms that are currently on the City’s on-call consultant list in addition to firms that had previously expressed interest and firms known to have the desired project expertise. The selection of the consultant is based upon factors such as experience, professional qualifications, and competence as outlined in the Yorba Linda Municipal Code.
A total of five (5) firms submitted proposals including: Dewberry, EXP, KOA Corporation, Mark Thomas, and Michael Baker International. Proposals were reviewed and ranked by the City’s evaluation team. The evaluation team consisted of staff from the City of Yorba Linda and the City of Anaheim. To further aid in the evaluation process, three (3) of the firms were also invited for an in-person interview with the evaluation team. Using the aforementioned evaluation criteria, it was determined that Mark Thomas is best suited to meet the project needs and objectives. The project scope involves both design and regulatory permit preparation and Mark Thomas demonstrated depth of relevant history, experience in design and environmental analysis of similar projects involving federal and state regulatory agencies. Sequencing the project and coordinating milestones with the regulatory agencies is critical to keeping this project on track and competitive with future grant funding cycles for construction. Mark Thomas has a proven ability to successfully obtain regulatory permits on projects of this magnitude. In addition, Mark Thomas demonstrated unique approaches and proposed ideas on value engineering to aid in reducing construction costs and limiting overall project impacts. Lastly, Mark Thomas has a firm understanding of the City’s design intent and stakeholder concerns.
The cost proposals of the three firms were fair and competitive with one another. The City applied with the Orange County Transportation Authority (OCTA) for the Yorba Linda Blvd. (SI211001) project in 2019 and as such was subject to inflationary increases, thus necessitating the additional budget appropriation. Of the $402,303 being requested, $377,942 will cover potential contingencies associated with the project as well as any potential additional services. The increase also takes into account design details that have since been developed during the preliminary engineering process. The remaining $24,361 ($402,303 less $377,942) is primarily to cover administrative costs related to the cost of the grant application.
A P P R O V E P R O F E S S I O N A L S E R V I C E S C O N T R A C T W I T H M A R K
T H O M A S F O R F I N A L D E S I G N O F Y O R B A L I N D A B O U L E V A R D A N D S A V I R A N C H P A R K W A Y W I D E N I N G P R O J E C T S ( S I 2 1 1 0 0 1 A N D S I 2 1 1 0 0 2 )
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FISCAL IMPACT
The majority of funding required to provide for design of projects SI211001 and SI211002 is programmed within the Fiscal Year 2022/2023 CIP budget under Account No. 4010050- 461620. However, an additional appropriation of $402,303 will be required from the Measure M2 Fund (212) to cover the cost of contract contingencies and other minor associated costs.
The project SI211001 project budget will be increased in an amount corresponding to the approved M2 appropriation. Sufficient fund balance is available to accommodate the appropriation. Expenditures for Mark Thomas’s services are eligible for reimbursement under the OCTA competitive grant funds received for these projects. For the Yorba Linda Boulevard Widening and Savi Ranch Parkway Widening Projects, OCTA is providing a 75% and 65% reimbursement of costs respectively.
It should be noted that earlier this year, the City of Yorba Linda entered into a cooperative agreement with the City of Anaheim which memorialized Anaheim’s commitment of $245,475 towards the Yorba Linda Boulevard Widening Project (SI211001), not to exceed $300,000. Any amount over $245,475 shall require written approval by the City of Anaheim.
For this phase, the cost share percentages are based upon proposed physical work within each city boundary, with the exception of the widening of the Yorba Linda Boulevard Bridge over the Santa Ana River. The current City of Yorba Linda CIP Budget has sufficient appropriations to fund the full local match requirement on this project. Therefore, the City of Yorba Linda is fronting the Anaheim portion which will be reimbursed to the City at the conclusion of the project.
ALTERNATIVES
Do not award the professional services contract. However, the competitive grant funds from OCTA require award of contract for the Yorba Linda Boulevard Widening Project before June 30, 2023, in order to remain eligible for the funds. If a contract is not awarded before this date, the City will need to forego the OCTA grant funds.
ATTACHMENTS
Attachment 1 - Mark Thomas (Agreement)
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PROFESSIONAL SERVICES AGREEMENT
FOR
FINAL DESIGN OF YORBA LINDA BOULEVARD AND SAVI RANCH
PARKWAY WIDENING
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of November 1, 2022, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and Mark Thomas, a (“a California corporation”) (“Consultant”).
NOW THEREFORE, the parties hereto agree as follows:
SECTION ONE: SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Final Design of Yorba Linda Boulevard and Savi Ranch Parkway, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.
1.2 Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefor.
1.3 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
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1.4 Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment, or personal property included within the services herein shall be of good quality, fit for the purpose intended.
1.5 Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.
1.6 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.
SECTION TWO: COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed Two Million Five Hundred Nineteen Thousand, Six Hundred Thirteen Dollars ($2,519,613.00) (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.
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SECTION THREE: PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term. The term of this agreement shall commence upon execution of this agreement and terminate upon completion of project (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.11 or 8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.
SECTION FOUR: COORDINATION OF WORK
4.1 Representative of Consultant. Darin Johnson, Division Manager, Associate Principal is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith. A substitution of the designated representative must be approved in advance by the City.
4.2 Contract Officer. The Contract Officer shall be Rick Yee, Deputy Director of Public Works/Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
SECTION FIVE: INSURANCE AND INDEMNIFICATION
5.1 Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain
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all such insurance in full force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent or as otherwise approved by City.
5.2 Consultant shall take out and maintain the following insurance:
5.2.1. Workers' Compensation and Employer's Liability Insurance: Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
(a) “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” (b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.”
5.2.2. Commercial General Liability Insurance providing coverage in the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.
5.2.3. Comprehensive Automobile Liability Insurance, including owned, nonowned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
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5.2.4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors, or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement.
Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the contract work. Consultant shall purchase a one-year extended reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.
5.3 Endorsements: The policies of liability insurance provided for in Paragraphs
5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
(a) “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
(b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.” (c) “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
(d) “Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.” (e) “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.”
5.4 Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City the original policies of insurance required by this Section 5 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein, and copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a
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signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.5 Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.
5.6 Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.
5.7 Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.
5.8 Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement.
The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.
5.9 Indemnification. Consultant shall indemnify, but not defend, and hold City and City's agents, officers, and employees (“City Personnel”) harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "claims" or "liabilities") claimed by any person or entity, but only to the extent actually caused by the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:
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5.9.1. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities, to the extent caused by Consultant’s negligence.
5.9.2. Consultant has no obligation to pay for any of the City Personnel’s defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant. If Consultant is finally adjudicated to be fully or partially legally responsible for the judgment, Consultant will pay City’s attorney’s fees and court costs in the percentage of Consultant’s fault.
SECTION SIX: RECORDS, REPORTS, AND INTELLECTUAL PROPERTY.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
6.4 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect.
6.5 Intellectual Property and Proprietary Information.
6.5.1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement,
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including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.
6.5.2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.
6.5.3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used, or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
SECTION SEVEN: RELEASE OF INFORMATION/CONFLICTS OF INTEREST.
7.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
7.2 Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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7.3 Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor.
Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
7.4 Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents, or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement.
Consultant further covenants that neither it nor any of its officers, employees, agents, or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES.
8.1 Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.
8.2 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.
8.3 Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
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8.4 Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation.
Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
8.5 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.6 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.7 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.
8.8 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
8.9 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Consultant requiring City's consent or approval shall not
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be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.11 Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon fourteen (14) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.
8.12 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.
8.13 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
8.14 Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times 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, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.
8.15 Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to
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City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
8.16 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. Consultant shall defend, indemnify and hold the City, its elected 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.
8.17 Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.
SECTION NINE: MISCELLANEOUS
9.1 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing.
Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
To City: CITY OF YORBA LINDA
Attention: Rick Yee, Deputy Director of Public
Works/Assistant City Engineer
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: MARK THOMAS
Attention: Darin Johnson, Division Manager, Associate
Principal
2121 Alton Parkway
Suite 200
Irvine, CA 92606
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9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.
9.3 Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.
9.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
9.6 Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
9.7 Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
9.8 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, (2) the Consultant’s signed, original Proposal dated August 1, 2022 and revised on October 24, 2022 (“Consultant’s Proposal”), and (3) the City’s Request for Proposals, dated June 7, 2022 (“City’s RFP), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal and the City’s RFP, which are both attached hereto as Exhibits “A” and “B”, are hereby incorporated by reference, and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s RFP shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the City’s RFP (Exhibit “B”) and (3rd) the provisions of the Consultant’s Proposal (Exhibit “A”). [SIGNATURES BEGIN ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By:
Its:
CONSULTANT:
MARK THOMAS
By:
Name:
Title:
ATTEST:
By:
Marcia Brown, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By:
City Attorney, City of Yorba Linda
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EXHIBIT A
SCOPE OF SERVICES
August 1, 2022
Proposal for Final Design of the
Yorba Linda Boulevard Widening and
Savi Ranch Parkway Widening Projects
Revised Scope of Services
10/24/2022
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Page i
CONTENTS
A. Cover Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Company Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Company Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 C. Organizational Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 D. Resumes and Qualifications of Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Key Staff Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Additional Support Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 E. References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Client References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 F. Project Understanding, Overview, and Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Project Understanding, Overview, and Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Project Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 G. Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 H. Communication Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Appendix A. Schedule of Compensation/Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Appendix B. Proposal Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Proposal Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Contract Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Appendix C. Project Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Appendix D. Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Appendix E. Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Appendix F. Report Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Appendix G. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Appendix H. Right of Way – Updated Estimates and Requirements . . . . . . . . . . . . . . . . . . . 105
A. COVER LETTER
(949) 477-9000
2121 ALTON PARKWAY, SUITE 210
IRVINE, CA 92606 MARKTHOMAS.COM
August 1, 2022
Rick Yee, PE
Deputy Director of Public Works/Assistant City Engineer 4845 Casa Loma Avenue
Yorba Linda, CA 92886
Dear Mr. Yee and Selection Committee Members,
In 2017, the City of Yorba Linda (City) embarked on creating a new vision for Savi Ranch, identifying a series of opportunities that would contribute to the growth and long-term economic vitality of the area. These opportunities were captured in the Savi Ranch Vision Plan. Presently, in 2022, with both the Savi Ranch Mobility Feasibility Study and Project Report & Environmental Document (PR/ED) completed and approved by City Council, the City is ready to move into the next project development phase - final design services for the Yorba Linda Boulevard Widening and Savi Ranch Parkway Widening projects (Project). These two projects were the cornerstones of the prior studies, with a focus on improving accessibility to Savi Ranch and providing additional mobility options that will benefit local businesses as well as the surrounding community.
In this final design phase, the City requires a well-qualified consultant to prepare plans, specifications & cost estimate (PS&E) for both projects as well as navigate the challenging regulatory permitting process. The Mark Thomas team is ideally suited to deliver this Project for the City. Mark Thomas brings an unmatched understanding of the Project and its constraints, as well as a suite of solutions that will facilitate the delivery of the PS&E alongside complex regulatory permits. Our project knowledge and technically sound solutions will position the City for the funding necessary to take this Project from a vision and make it a real, constructable project.
Mark Thomas will provide the City with a creative and cost-efficient design that enhances geometrics, facilitates the third-party approval process, and minimizes impacts to businesses that flank the Project area while prioritizing ontime Project delivery. We pride ourselves on our proactive management approach, anticipating project challenges, and getting ahead of them by tailoring solutions to address those challenges. We are excited about continuing our staff’s previous work on this Project and for the opportunity to submit our proposal to the City. Our team brings the following key benefits:
Proven Leadership and Unmatched Project Knowledge
Pat Somerville, PE will lead our team as project manager. As a resident of Yorba Linda for over 30 years, this Project is personal to him. He has been championing it since 2018, delivering both the Mobility Feasibility Study and PR/ED.
Additionally, he has assisted the City in securing over $2.2M in Orange County Transportation Authority (OCTA) grant funding for the PR/ED and final design for this Project as well as supporting the inclusion of Savi Ranch Parkway onto the OCTA Master Plan for Arterial Highways. Pat’s efforts have allowed the Project to be eligible to receive up to 75% of the funding through an OCTA grant.
Pat brings over 36 years of experience delivering complex capital improvement projects throughout Southern California.
His experience aligns perfectly with this opportunity. He has delivered numerous roadway widening projects that have included relevant features to this one, such as bridges over the Santa Ana River, required approvals and permits through the Orange County Flood Control District (OCFCD) and United States Army Corps of Engineers (USACE), and Pat fully understands the needs and expectations of major third-party stakeholders such as Metropolitan Water District and Orange County Sanitation District.
Pat will be supported by Alan Su as civil lead. Alan has more than 20 years of experience and is already known to the City for his work on the Bastanchury Road Widening project. Another key member of the Mark Thomas team, Paul Martin, brings his expertise on the bicycle and pedestrian elements of roadway improvements, ensuring safe mobility
(949) 477-9000
2121 ALTON PARKWAY, SUITE 210
IRVINE, CA 92606 MARKTHOMAS.COM
features. Mark Stiller of NCM will be leading the structures efforts for this Project. Mark has delivered over 50 bridge projects in his career and is also a Yorba Linda resident. Blake Selna of LSA, whose work was critical to the successful delivery of the prior phase of this Project, will lead the regulatory permitting. John McCarthy of Q3 rounds out the team leading river hydraulics and scour analysis, with over 30 years working with the USACE. Pat’s personal investment in and excitement for this Project, along with the strengths of his technical leaders and key staff, makes the Mark Thomas team the most qualified to deliver your Project.
The Right Team with the Right Experience
Our purpose-built team was assembled to provide the City with the right staff in the right roles to deliver your Project on time and within budget. This is a team that has recent experience delivering the design and regulatory permits for projects with bridges over the Santa Ana River, including the OC Streetcar, I-15, and SR-91 projects. We understand that the success of this Project relies on the approach to the bridge widening and regulatory permitting. To ensure this success, Mark Thomas has enlisted the best partners in the industry, including NCM, a renowned structures firm that will deliver the bridge widening design; LSA to handle regulatory permitting, no firm is stronger in permitting for the Santa Ana River; and Q3 Consulting to address the river hydraulics, a focused-topic firm to address this critical element for the USACE permits. Collectively, this is the team that brings the City the right experience and expertise to guide the Project through the final PS&E process.
Leveraging our Expertise to Deliver Solutions
Under Pat’s leadership and with his institutional knowledge of this Project, the Mark Thomas team has already begun to advance the technical development of the Project. A lot has changed since this Project was defined and estimated in 2019. To stay relevant with today’s economy and issues, we have developed cost-effective solutions that will contain, or even reduce, overall Project costs. Our proposed alternative reduces the bridge costs by $1.4M. We understand the potentially costly Project risks, such as the USACE permitting, and we have already determined how to effectively mitigate them, as you will see in our Approach. We know the City’s financial exposure on the 25% funding match for right of way acquisition, so our team has developed strategies to reduce right of way impacts and costs. Our approach results in a right of way savings of $1M. We have an unmatched understanding of roadway geometrics, structures, active transportation, and traffic planning that we will leverage to deliver this Project. We fully understand the critical path elements which include utility coordination, right of way acquisition, and permitting surrounding the Santa Ana River crossing. We will leverage our expertise and stakeholder relationships to drive your Project forward, on schedule and on budget, to make it a reality for the City.
As Associate Principal of Mark Thomas, I am authorized to negotiate the terms of the proposal and execute a contract with the City in accordance with the provisions of this RFP. We have received and acknowledge addendum no. 1 released July 7, 2022. By submitting our proposal, we commit to providing the City with a highly experienced team, dedicated to the successful management and delivery of this Project. If you have any questions about our proposal, please contact Pat Somerville by phone at (714) 815-5222 or via email at [email protected]. We appreciate the opportunity to submit our proposal for this Project.
Sincerely,
MARK THOMAS & COMPANY, INC.
Darin Johnson, PE Patrick Somerville, PE
Division Manager, Associate Principal Project Manager
B. COMPANY DATA
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
ABOUT MARK THOMAS
Mark Thomas provides civil and structures engineering, landscape architecture, surveying, planning, funding support, and construction management services to clients throughout California. As a California corporation, our stability throughout the years is founded on our client service focus and delivering projects with a tailored approach to meet our clients’ goals. This reputation is realized through the efforts of more than 300 professionals within offices located throughout the state. Mark Thomas is built on providing sound, innovative engineering solutions and high-quality customer service for transportation, public works, and infrastructure improvement projects. Our solutions have benefited all types of transportation improvement projects including roadway widening, street and intersection improvements, bicycle and pedestrian facilities, roadway/pavement reconstruction and rehabilitation, complete streets, and ADA improvements.
ROADWAY WIDENING AND MULTIMODAL DESIGN
Work for this project will be primarily conducted by our Irvine office staff. Our key focus areas are the design of roadways and highways.
We have experience designing street widening projects, including final roadway and structure design services, drainage and water quality, right of way, utility coordination and relocation, and permitting. These projects benefit the communities we live and work in by providing capacity enhancement, improved operations, and connectivity for all travel modes.
Our projects connect pedestrian and bicycle corridors to key destinations with improved mobility, connectivity, and safety. Our designs are based upon National Association of City Transportation Officials (NACTO), AASHTO green book, Caltrans Highway Design Manual, Caltrans Smart Mobility and Complete Streets guidance, and other applicable guidelines.
This experience highlights innovative designs for safety, capacity, and connectivity improvements.
LOCAL EXPERTISE
Since 2008 we have served Southern California from our Irvine office.
We work closely with agencies to deliver cost-effective transportation infrastructure enhancements. These projects range from roadway rehabilitation projects to grade separations and interchange improvements. A sample of local agency clients include the cities of Yorba Linda, Anaheim, Irvine, Orange, Santa Ana, Laguna Niguel, Newport Beach, Westminster, South Gate, and Norwalk as well as Orange County.
We are currently members of the consultant team on-call bench for the City of Yorba Linda and assisted the City in procuring OCTA grant funds for the final design services for Savi Ranch Parkway. Our key personnel have worked directly with the City, including delivering the prior phases of the Yorba Linda Boulevard and Savi Ranch Parkway projects, as well as the final design for the Bastanchury Road Widening. Through these projects, we have built a trusted relationship with the City. We will continue to build on this relationship to successfully deliver this final design and will position and support the City in securing the necessary funding to make this project a reality.
offices statewide
11 300
team members
years in business
95 100
employee owned
%
RELEVANT SERVICES
PROVIDED
» Intersection improvements
» Roadway widening and
realignment
» Pavement rehabilitation
and reconstruction
» Sidewalk improvements
» ADA compliance and
upgrades
» Bicycle facilities
» Local street improvements
» Water quality
management
» Topographic mapping
» Utility relocation and
agency coordination
FIRM PROFILE
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
COMPANY DATA
1. Company Name
Mark Thomas & Company, Inc.
2121 Alton Parkway, Suite 210, Irvine, CA 92606
2. Primary Contact
Pat Somerville, PE, Project Manager
C: (714) 815-5222
E: [email protected]
2121 Alton Parkway, Suite 210, Irvine, CA 92606
5. Firm Locations
LOCATION ADDRESS PHONE FAX
Irvine 2121 Alton Parkway, Suite 210, Irvine, CA 92606 (949) 477-9000 (949) 477-4102 San Jose 2833 Junction Avenue, Suite 110, San Jose, CA 95134 (408) 453-5373 (408) 453-5390 Carmel SE Corner of 4th and San Carlos Villa, Suite 8, Carmel, CA 93921 (831) 574-8402 Cupertino 20863 Stevens Creek Boulevard, Suite 100, Cupertino, CA 95014 (408) 253-7863 (408) 253-5173 Fresno 7571 North Remington Avenue, Suite 102, Fresno, CA 93711 (559) 447-1938 (559) 447-8586 Inland Empire 10630 Town Center Drive, Suite 117, Rancho Cucamonga, CA 91730 (909) 291-7246
Lakewood 4010 Watson Plaza Drive, Suite 240, Lakewood, CA 90712 (562) 213-0865 Oakland 360 22nd Street, Suite 501, Oakland, CA 94612 (510) 844-5600 (510) 844-5681 Roseville 3741 Douglas Boulevard, Suite 330, Roseville, CA 95661 (916) 701-9816 Sacramento 701 University Avenue, Suite 200, Sacramento, CA 95825 (916) 381-9100 (916) 381-9180 Walnut Creek 3000 Oak Road, Suite 650, Walnut Creek, CA 94597 (925) 938-0383 (925) 938-0389
6. Ownership
Mark Thomas has been an employee-owned company since 1989 and is led by five principals who govern the firm through our Board of Directors. Zach Siviglia serves as President and Chairman of the Board and has been with the firm for 18 years. Matt Brogan serves as Vice President and Secretary, Sasha Dansky, Shawn O’Keefe, and Rob Himes all serve as Vice Presidents. All of our principals are active project managers, helping ensure that superior project execution and the satisfaction of our clients remain the top priority at every level of the organization.
7. Years in Business Under Present Name
95 years
8. Number of Years Providing Related Services
Mark Thomas has provided general engineering services related to this RFP for 95 years.
9. Contract Completion
Mark Thomas has not failed or refused to complete a contract.
10. Individual Ownership
No individual owns 10% or more of the firm.
3. Entity
California Corporation
4. Federal Employee ID Number
94-1451490
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
11. Financial Interests in Other Lines of Business
Mark Thomas does not have any financial interests in other lines of business.
12. Claims
Mark Thomas operates throughout California and has had average annual billings over the last five years in excess of $50 million. Our claim history is consistent with a company of our size. There are no claims pending against the company that would impact our ability to perform our contractual duties if awarded a contract.
Date of Claim Project Name Claimant Name Nature of Claim 6/30/2020 Fullerton - Valencia Drive Non litigated Sewer improvement not to the satisfaction of the City. Claim is for construction amount
spent for alleged “unnecessary” improvement
constructed.
Amount
Asserted
Role and Project
Manager
Parties Involved Status and Outcome
Unknown - under
investigation
Prime, Arturo Vivar City of Fullerton Open
Date of Claim Project Name Claimant Name Nature of Claim 10/8/2020 Napa County - Imola Paving
and ADA Ramps
Non litigated Following substantial completion of project, client notified Mark Thomas on 12/2/19 that
there is standing water on the eastern leg of
the Marshall Ave./Whitney Ave. Intersection.
Amount
Asserted
Role and Project
Manager
Parties Involved Status and Outcome
Unknown - under
investigation
Prime, John Collins Napa County Open
13. Litigation
It is not anticipated any litigation would have an effect on our firm’s ability to perform services under this proposal.
Mark Thomas has been involved in the following litigation:
Date of Claim Plaintiff Name Parties Involved Nature of Litigation 11/7/2019 Tovar Tovar, Ghilotti Construction,
Transportation Authority of
Marin (TAM)
Suit for wrongful death due to a construction
period traffic accident.
Amount of
Damages
Project Name Role and Project
Manager
Status and Summer of Outcome
Unknown - under
investigation
Marin Sonoma
Narrows
Prime, Sasha Dansky Case is currently open
Date of Claim Plaintiff Name Parties Involved Nature of Litigation 5/31/2019 Oliveros Oliveros vs Garcia, City of
Fullerton
The lawsuit is dealing with a car accident at
the intersection of Kimberley Dr./Acacia Ave.
Amount of
Damages
Project Name Role and Project
Manager
Status and Summer of Outcome
Unknown under
investigation
State College Blvd
Railroad Grade
Separation
Prime, Ken Doty Closed, 3/5/2021, Mark Thomas had a
settlement of $510,000 on 2/24/21.
14. Termination of Contract “For Cause” History
Mark Thomas does not have any prior or ongoing incidents where another party has alleged that the firm has defaulted or failed to perform, leading to a termination of a contract.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
SUBCONSULTANT TEAM
Mark Thomas has assembled a team with unparalleled experience to help us deliver this Project for the City. We have long standing working relationships with these firms with the expertise required to achieve this Project’s goals.
CWE | Drainage/Water Quality
Since their inception in 2006 as an SBE certified firm, CWE’s trusted civil infrastructure, water resources, and environmental engineering services have enhanced the quality of life of many esteemed communities - including the City of Yorba Linda. CWE provided Water Quality Management Plan (WQMP) preparation and erosion control plans for the City’s Town Center Infrastructure Improvements project. They have served more than 150 public municipalities, utility companies, private businesses, and federal agencies who have benefited from their promise of Creating a Better Tomorrow, Today.™ CWE has successfully collaborated with Mark Thomas on the William R. Mason Regional Park WQMP for Orange County Parks, and the Brea Canyon Road Widening WQMP for Orange County Public Works (OCPW). Our partnership continued into 2022 when we began work on the OC Loop Segment O, P, Q Coyote Creek Channel Design projects for OCPW.
Leighton | Geotechnical
Leighton Consulting, Inc. (Leighton) is an award-winning engineering firm that provides turnkey in-house geotechnical engineering, environmental consulting, and soils/ materials testing and special inspection services during construction. Their services will be managed from their Orange County office in Irvine, including their in-house Irvine laboratory. As a contingency to meet high project demands, they can tap into their resources from any of other offices and/or labs on as-needed basis.
For 60 years, they have leveraged their experience and expertise to assist public agencies, including the City of Yorba Linda, to meet the needs of its growing communities. Their ability to provide efficient and expeditious geotechnical, environmental, and materials testing services lies with their experience and depth of staff. They are currently serving the City of Yorba Linda, providing geotechnical engineering services on an on-call/asneeded basis and recently performed an Environmental Initial Site Assessment for the proposed Yorba Linda Boulevard Widening Project.
Leighton has successfully collaborated with Mark Thomas on more than a dozen projects over the last 10 years.
Recent experience includes Brea Canyon Road Widening for OCPW, Cherry Street Extension and Murrieta Creek Low-Flow Crossing in Temecula, Bayside Drive Improvements in Newport Beach, and William R. Mason Regional Park Improvement Project in Irvine.
C Below | Potholing
C Below offers professional locating and mapping services throughout Southern California.
Their highly experienced technicians utilize the most advanced equipment in the industry.
They locate horizontal and vertical locations of underground utilities including water, gas power, waste, communications, and cable/TV. With their corporate office located 14280 Euclid Ave, Chino CA, 91710 and operations offices in Eastvale, they can mobilize quickly throughout Central and Southern California. C Below currently has over thirty employees, including twenty technicians, the sales department, project engineer, surveyor, and CAD technician.
C Below’s project managers and technicians are familiar with intersection improvements and requirements. When mission critical information is needed that electronic detection cannot provide, such as line size, material, or exact depth, potholing is the most precise method of verification. C Below has been in the utility locating business for thirteen years and employs the most experienced technicians in the industry.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Monument | Right of Way Support
Monument, a DBE, SBE, and WBE certified firm, is a full-service real estate and right-of-way company providing exceptional service, strategic planning, innovation, and timely delivery.
They serve local, state, and federal agencies, transportation authorities, and engineering partners with public infrastructure projects throughout California. At Monument, they understand the difference an experienced, solutions-minded right-of-way partner can bring in achieving the goals and objectives of a project and that’s exactly what they are.
Monument’s interdisciplinary team is composed of highly experienced project managers, seasoned acquisition agents, relocation experts, and project support specialists, working together with the client to provide solutions at every phase of the project. They know the importance of collaborating with stakeholders to ensure the successful and timely completion of each project. Monument is currently working for the City of Yorba Linda providing right of way services for the Bastanchury Widening Project.
LSA | Environmental
LSA Associates, Inc. (LSA) has successfully provided CEQA and NEPA compliance services throughout dozens of cities and counties throughout California for over four decades in market sectors including transportation, utilities and energy, land development, recreation, education, healthcare, airports, and ports and harbors. While environmental planning and environmental assessment are two of LSA’s key practice areas, the firm offers technical expertise in the areas of air quality, noise, climate change, cultural, historic, and paleontological resources, land use and community planning, natural resources and permitting, transportation, water quality, and geographic information systems (GIS).
LSA’s most recent transportation project in Yorba Linda was the preparation of the Initial Study/Mitigated Negative Declaration for the Yorba Linda Boulevard Widening. LSA has collaborated on more than 85 projects with Mark Thomas since 1998; most recently, LSA assisted Mark Thomas in the preparation of the OCTA CTFP funding application for Savi Ranch Parkway.
NCM | Structures, Bridge, and Retaining Wall Design
NCM was founded in 2012 as a planning and engineering services firm and provides the professionals planning and design services to Caltrans and other public agencies in California. Their primary focus is in the area of transportation infrastructure. NCM principals are recognized industry leaders and have successfully delivered a multitude of large-scale engineering projects throughout California with construction value in excess of $2 billion.
NCM has a substantial resume of successfully completing PA/ED and PS&E for projects of comparable size and complexity that required all of the technical capabilities that this Project requires. Due to the broad spectrum of transportation projects delivered, they have familiarity with Caltrans, County, Flood Control, resource agencies, and utilities and their relevant design standards, and guidelines. NCM key staff, Mark Stiller, our proposed structures lead, is a resident of Yorba Linda and lives less than a mile from Savi Ranch. His practical knowledge will give design team tremendous lift in terms of tackling project challenges efficiently and effectively.
Q3 Consulting | River Hydraulics/Scour
Q3 Consulting (Q3) is a California certified Small Business specializing in stormwater management with an extensive background in the planning, analysis, and design of comprehensive flood management and drainage solutions for public works projects. The founders and principals of Q3 each have more than 22 years of experience in the stormwater field including an extensive background in the analysis and design of flood control channels and levee systems throughout Southern California.
Q3 has extensive experience and knowledge of the Santa Ana River having completed bridge hydraulics and scour studies in Orange and Riverside counties and improvements plans for numerous reaches of the channel for the U.S. Army Corps of Engineers (USACE). Q3 recently completed a Final Hydraulics Study for the SR-91 Eastbound Widening over the Santa Ana River in the City of Anaheim.
C. O RG A N I Z AT I O N A L
CHART
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
CIVIL
Alan Su, PE
ROADWAY
Xavier Espinosa, PE
Bobby Lin, PE
BICYCLE AND PEDESTRIAN
Paul Martin, PE, TE, LCI
SIGNING/STRIPING
Kimberly Barling, PE
TRAFFIC SIGNALS/LIGHTING
Ricky Chan, PE, TE, PTOE
DRAINAGE/WATER QUALITY
Steve Bell, PE, ENV SP, CFM, QSD [CWE]
LANDSCAPE ARCHITECTURE
Erik Smith, RLA
REGULATORY PERMITTING
Blake Selna [LSA]
ENVIRONMENTAL
COORDINATION
Deborah Pracilio [LSA]
Jazmine Estores [LSA]
BIOLOGICAL RESOURCES
Lonnie Rodriquez [LSA]
Jill Carpenter [LSA]
CULTURAL RESOURCES
Kerrie Collison [LSA]
PERMIT COORDINATION
Jim Harrison [LSA]
Kristin Nurmela [LSA]
STRUCTURES
Mark Stiller, PE [NCM]
BRIDGE
Lalit Maharjan, PE [NCM]
David Kim, PE [NCM]
Kimberly Furuyama, PE [NCM]
RIVER HYDRAULICS/SCOUR
John McCarthy, PE, CFM [Q3]
RETAINING WALLS
Marshall Moore, PE, SE
Brent Deets, PE [NCM]
INDEPENDENT CHECK
Julie Passalacqua, PE
GEOTECHNICAL
Djan Chandra, PE, GE [Leighton]
Joe Roe, PG, CEG [Leighton]
Key Staff
QA/QC
Bo Burick, PE
Mohan Char, PhD, PE [NCM]
PRINCIPAL IN CHARGE
Darin Johnson, PE
CITY OF YORBA LINDA
Rick Yee, PE
PROJECT MANAGER
Pat Somerville, PE
SUPPORT SERVICES
CONSTRUCTABILITY
Mazen Mneimneh, PE, QSD
TRANSPORTATION MANAGEMENT
Arthur Black [LSA]
RIGHT OF WAY ENGINEERING
Byron Cazar, EIT, PLS
COUNTY/CALTRANS
COORDINATION
Ravi Shah, PE, QSD
SURVEY
Steve Heise, PLS
RIGHT OF WAY SUPPORT
Daniela Borbe [Monument]
UTILITY COORDINATION
Josh Cosper, PE, PLS, QSD
Hector Vargas [C-Below]
FUNDING/GRAPHICS
Ryan Bissigger
Rick Spitz
ORGANIZATIONAL CHART
We have selected a team of highly qualified individuals that have experience delivering a variety of complex roadway improvement projects for public agencies. The organization chart below depicts the Mark Thomas team, key staff and associated discipline, support staff, and lines of communication. Pat Somerville, PE is our proposed project manager.
Pat is well known throughout Orange County for his commitment to helping local agencies bring their signature projects to fruition. He has a positive, active relationship with City staff, having managed the preliminary phases of Savi Ranch Widening and Yorba Linda Boulevard Widening while with a previous firm, and helping to manage task orders under Mark Thomas’s current on-call with the City. Our designated key personnel will be available and dedicated to the City for the duration of the project.
D. RES UMES AND
QUALIF ICATIONS OF
PERSONNEL
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PAT SOMERVILLE, PE
PROJECT MANAGER
EDUCATION
BS in Civil Engineering, California State University, Long Beach
REGISTRATION YEARS OF EXPERIENCE/WITH FIRM
CA C56141 36 years/1 year
Pat has more than 36 years of experience in civil engineering and management with a focus on delivering complex capital improvement projects for local agencies.
He has resided in Yorba Linda for over 30 years and is proud to have delivered the prior phases of work on Savi Ranch Parkway and Yorba Linda Boulevard. He brings extensive roadway widening and structures experience as well as having worked on two bridges over the Santa Ana River. He has developed relationships that will be beneficial with the key project stakeholders, such as the utility companies, Orange County Flood Control District, and the United States Army Corps of Engineers (USACE), where he has processed multiple USACE permits in the past 5 years.
REPRESENTATIVE PROJECTS
» Savi Ranch Parkway and Yorba Linda Boulevard
Widening, Yorba Linda
» First Street Bridge Widening over the Santa Ana
River, Santa Ana
» OC Streetcar Bridge over the Santa Ana River, OCTA
» Brea Canyon Road Widening, Orange County
» Firestone Boulevard Widening, Norwalk
» University Drive Widening, Irvine
ALAN SU, PE
CIVIL LEAD
EDUCATION
BS in Civil Engineering, University of California, Irvine
REGISTRATION YEARS OF EXPERIENCE/WITH FIRM
CA C66042 22 years/2 years
Alan Su has more than 20 years of diverse engineering experience in the transportation field. He has multi-use trails and local road improvement experience throughout Southern California, and as well as significant planning and engineering experience with Caltrans on the state highway system. He is known for his client service approach to successful project delivery with both public and private clients. His experience includes preliminary engineering to final design.
REPRESENTATIVE PROJECTS
» Bastanchury Road Improvements, Yorba Linda
» Irvine Center Drive and Bake Parkway Improvements,
Irvine
» Technology Drive Extension, Irvine
» Tustin Ranch Road and Irvine Boulevard Intersection
Widening, Tustin
» Cow Camp Road Extension, Orange County
» Olive Heights Sidewalk Gap Closure, Orange County
» Standard Avenue Bikeway, Santa Ana
» William R. Mason Regional Park (WIMA) Entry
Driveway and Roadway Improvements, Orange
County
» Jeffrey/Irvine Center Drive Widening, Irvine
» Santa Ana River Reach 9 - Phase 2B, Orange County
KEY STAFF QUALIFICATIONS
Pat brings the City
experience with these key
project stakeholders:
» Yorba Linda
» Anaheim
» OCFCD
» USACE
» MWD
» OCSD
» SCE
» AT&T
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PAUL MARTIN, PE, TE, LCI
BICYCLE AND PEDESTRIAN
EDUCATION
BS in Civil Engineering, University of California, Irvine
REGISTRATION YEARS OF EXPERIENCE/WITH FIRM
CA C65868 CA LCI 4936 23 years/2 years
CA TR2315
Paul Martin has more than 23 years of experience as a transportation manager and traffic engineer. He has a strong engineering and planning background that is focused on improving public travel and safety. Paul’s expertise includes active transportation, community engagement, traffic engineering, and strategic funding programs. He is also familiar with the requirements of the Caltrans Sustainable Communities grant program and has managed multiple projects funded through the program.
REPRESENTATIVE PROJECTS
» OC Loops Bikeway Study, Orange County
Transportation Authority
» OC Loop Segment O, P, Q, Orange County
Transportation Authority
» McFadden Avenue Protected Bike Lane, Santa Ana
» Standard Avenue Bikeway, Santa Ana
» South Yale Corridor Improvements PR/ED, Irvine
» California Drive Bike Improvements, Burlingame
» SLV Schools Complex Circulation & Access Study,
Santa Cruz
» Transportation Master Plan, Town of Paradise
» McKinleyville Multimodal Connector,
Humboldt County
MARK STILLER, PE
STRUCTURES LEAD
EDUCATION
BS in Civil Engineering, California Polytechnic State University, Pomona
REGISTRATION YEARS OF EXPERIENCE/WITH FIRM
CA C75935 16 years/8 years
Mark has 16 years of diversified engineering experience in planning, managing, and designing various challenging transportation structures, including seismic analysis and retrofit design in Southern California. During his professional career, he has led cross-functional teams to execute multi-disciplinary transportation infrastructure projects for Caltrans and local agencies, including METRO. Mark recently served as the team leader who developed the Caltrans 2010, 2015, and 2018 Standard Plans, Standard Details, and updated bridge design manuals. Mark is recognized by Caltrans Structures HQ as an innovative thinker and always at the forefront of solving most complex and perplexing project challenges, and in the process develops simple yet elegant solutions within the realm of practicality.
REPRESENTATIVE PROJECTS
» I-15 Express Lanes, Riverside County
» Union Station-Patsaouras Plaza Busway Design-Build,
Los Angeles
» Edinger Avenue Bridge over Santa Ana River,
Orange County
» Monte Vista Avenue Grade Separation, Montclair
» Boulder Avenue Bridge over City Creek, Highland
» On-Call Bridge Design Services, Orange County
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
BLAKE SELNA
REGULATORY PERMITTING LEAD
EDUCATION
BA in Environmental and Resource Sciences, University of California, Davis
YEARS OF EXPERIENCE/WITH FIRM
22 years/22 years
Blake has gained extensive experience as a biologist and arborist working for LSA since 2000. His expertise includes biological assessments, regulatory permitting, jurisdictional delineations, and mitigation compliance. Blake is the Discipline Lead for LSA’s Natural Resources Division. In that capacity, he has provided Principal oversight and management for a vast array of projects similar in scope and size to this one. Combined with his background as a field biologist, he is uniquely qualified to provide supervision, strategic analysis, and project advisories for technical teams created for needs of the City.
REPRESENTATIVE PROJECTS
» Yorba Linda Boulevard Widening Improvements
Project, Yorba Linda
» Savi Ranch Parkway Improvement Project, Yorba
Linda
» Orange County Public Works, La Pata Avenue
Extension Project, San Juan Capistrano/San Clemente
» Orange County Waste & Recycling, South Region
Landfills, Orange County
» California High-Speed Rail Project, Burbank to Los
Angeles Union Station Segment, Los Angeles, CA
JOHN MCCARTHY, PE, CFM
RIVER HYDRAULICS/SCOUR
EDUCATION
BA in Civil Engineering, California State Polytechnic University, San Luis Obispo
REGISTRATION YEARS OF EXPERIENCE/WITH FIRM
CA C47583 31 years/4 years
Certified Floodplain Manager (CFM), 05-01596
John brings more than three decades of experience on hydrology, hydraulics, and scour for transportation and flood control projects. He is highly skilled at managing complex drainage and flood engineering projects. Over the past 30 years, he has been involved with numerous flood control engineering projects along the Santa Ana River with USACE Los Angeles District, Orange County Public Works, and Riverside County Flood Control and Water Conservation District. He has extensive experience working on hydraulic and scour analyses for bridge design projects.
REPRESENTATIVE PROJECTS
» State Route 91 Eastbound Widening Project,
Orange County
» Santa Ana River Sediment Transport,
Riverside County
» Santa Ana River Reach 9 – Phase 2B, Orange County
» Orange County Public Work Flood On-Call Contract,
Orange County
» Bedford Canyon Channel Stage 1 Design, Corona
» Cherry Street Extension over Murrieta Creek,
Temecula
» Foothill Parkway Extension, Corona
» Riverside County Flood Control and Water
Conservation District On-Call Contract,
Riverside County
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
ADDITIONAL SUPPORT PERSONNEL
Our remaining Mark Thomas team members’ qualifications are summarized in the table below.
NAME AND ROLE EDUCATION PROJECT EXPERIENCE
Darin Johnson, PE
Principal in Charge BS in Civil Engineering
» Limonite Gap Closure, Eastvale
» SR-60/Potrero Boulevard Interchange, Phase II,
Beaumont
» Brea Canyon Road Widening, Orange County
Bo Burick, PE
QA/QC MS in Civil Engineering
» Brea Canyon Road Widening, Orange County
» On-call Road and Bikeway Engineering Services,
Orange County
» Decoto Road Corridor Improvements, Fremont
Xavier Espinosa, PE
Roadway Engineer BS in Civil Engineering
» Long Beach Boulevard Green Street Improvements,
South Gate
» OC Loop Segment D, Orange County
» Navy Way/Seaside Avenue Study, Los Angeles
Bobby Lin, PE
Roadway Engineer BS in Civil Engineering
» OC Loop Segment D, Orange County
» Jeffrey/Irvine Center Drive Widening, Irvine
» Firestone Boulevard Widening, Norwalk
Paul Martin, PE, TE, LCI
Bicycle/Pedestrian Design BS in Civil Engineering
» Bicycle Master Plan, Norwalk
» OC Loops Bikeway Study, Orange County
» Standard Avenue Bike Improvements, Santa Ana
Kimberly Barling, PE
Signing/Striping BS in Civil Engineering
» Jurupa Road Grade Separation, Riverside County
» Palomar Street Widening, Wildomar
» Firestone Boulevard Widening, Norwalk
Ricky Chan, PE, TE, PTOE
Traffic Signals/Lighting BS in Civil Engineering
» Balboa Boulevard Improvements, Newport Beach
» Bikeway Loop Segment D, Orange County
» Anaheim Boulevard and Water Street Intersection
Improvements, Anaheim
Erik Smith, PLA
Landscape Architect BS in Landscape Architecture
» Brea Canyon Road Widening, Orange County
» Bayside Drive Improvements, Newport Beach
» Limonite Gap Closure, Eastvale
Marshall Moore, PE, SE
Retaining Walls MS in Civil Engineering
» Brea Canyon Road Widening, Orange County
» OC Loop Segment D, Orange County
» Silverado Canyon Bridge Replacement, Orange
County
Julie Passalacqua, PE
Structures - Independent
Check
MS in Civil Engineering
» Brea Canyon Road Widening, Orange County
» Campus Parkway Phase 2 & 3, Merced County
» SR-47/Front Street Interchange Improvements, Los
Angeles County
Josh Cosper, PE, QSD
Utility Coordination BS in Civil Engineering
» Limonite Avenue Gap Closure, Eastvale
» Palomar Street Widening, Wildomar
» Heacock Street Widening, Moreno Valley
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
NAME AND ROLE EDUCATION PROJECT EXPERIENCE
Mazen Mneimneh, PE, QSD
Constructability MS in Engineering Management
» Higuera Street Bridge Replacement, Culver City
» Tustin Avenue/Rose Drive Grade Separation,
Anaheim
» Central Avenue Project, Montclair
Ravi Shah, PE, QSD
Project Engineer BS in Civil Engineering
» Brea Canyon Road Widening, Orange County
» OC Loop Segment D, Orange County
» Bayside Drive Improvements, Newport Beach
Steven Heise, PLS
Surveyor BS in Geomatics
» Limonite Gap Closure, Eastvale
» Palomar Street Widening, Wildomar
» Madison Street Widening, Indio
Ryan Bissegger
Funding Support BS in International Business
» OC Loop Segment O, P, Q, Orange County
» Limonite Gap Closure, Eastvale
» McKinley Street Grade Separation
Rick Spitz
Graphic Design BA in Fine Art and Design
» ATP Cycle 5 Grant Writing Support, Brea
» Bayside Drive Improvements, Newport Beach
» Highway 1 Auxiliary Lanes - Bay Street/Porter Street
to State Park Drive, Santa Cruz
Byron Cazar, EIT, PLS
Right of Way Engineer BS in Civil Engineering
» Cherry Street Extension, Temecula
» Transit Corridor Improvements, Inglewood
» SR-47/Front Street/Harbor Boulevard Interchange
Improvements, Los Angeles
Mark Thomas staff Pat Somerville and Kimberly Barling worked with the City to deliver the previous phase of the Savi Ranch Parkway Widening and Yorba Linda Boulevard Widening. Through this experience, they bring an unmatched understanding of the project scope and proactive solutions to the final design phase.
E. REFERENCES
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
CLIENT REFERENCES
We are proud of our track record of successfully completing projects and meeting the needs of our clients. Below is a list of our client references for projects similar to the City’s project. The projects below demonstrate our strong southern California relationships with our clients, and our ability not only to perform similar work, but to problem solve, anticipate issues, and provide sound solutions. We encourage you to call upon our references to verify our working experiences.
Bryan Jones,
City Manager
City of Eastvale (formerly)
(510) 789-5823
bryan@
greenlawpartners.com
Limonite Avenue Gap Closure, Eastvale
Mark Thomas provided the preliminary engineering, environmental clearance and PS&E development for this one mile, four-lane arterial highway gap closure project in Eastvale. The project includes a bridge over the Cucamonga Channel, Class IV bike lanes along with a Class I path that has a separate crossing of the channel within an SCE owned corridor. Initial value engineering saved the City nearly $5M in overall costs. Extensive coordination was required with the adjacent industrial parcels, both existing and ones in entitlement, to ensure that the project conforms without impacting access. Regulatory permitting was also required. Mark Thomas staff also worked to prepare and secure nearly $9.5M in LPP funds for the continuation of the project.
Project Manager: Darin Johnson; Dates of Service: 2016 - Present Construction Value: $20,331,000
Glen Kau,
Public Services Director
City of Norwalk
(562) 929-5727
[email protected]
Firestone Boulevard Widening, Norwalk
Mark Thomas is preparing the PA&ED and the final design for the Firestone Boulevard Widening Project. Firestone Boulevard serves as an important truck route between I-5 and I-605, connecting multiple communities. The City’s widening of Firestone Boulevard will provide for a six-lane divided arterial, construct multimodal improvements for bicycles and pedestrians while maintaining existing on-street parking, and widen the UPRR overhead. The project will also rehabilitate the existing roadway pavement. These improvements will be constructed within the City’s right of way, avoiding costly right of way acquisitions. The project will also be constructed in phases to minimize impacts to businesses
Project Manager: Pat Somerville; Dates of Service: 2018 - Present Construction Value: $9,700,000
Austin Morgan,
Project Manager
Orange County Public
Works
(714) 647-3981
austin.morgan@
ocpw.ocgov.com
Brea Canyon Road Widening
Mark Thomas provided PS&E, geometric design and retaining wall and bridge design for the widening of nearly two miles of Brea Canyon Road from Canyondale Drive to the Orange County/LA County boundary line, and replacement of three bridges. The project improvements include widening the existing undivided twolane roadway to a four-lane divided roadway, replacing the three existing bridges over the Brea Canyon Channel, rehabilitating the existing channel, constructing permanent retaining walls up to 65-feet-high, and replacing the traffic signal at Canyon Country Road. The project required complex construction staging to keep the roadway in operation during construction, as it is a reliever route for SR-57, with all three bridges to be constructed in two stages.
Project Manager: Rob Himes, Dates of Service: 2018 - 2021
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PROJECT EXPERIENCE
Mark Thomas has planned, designed, and managed a wide variety of local, State, and federally-funded capital improvement projects for cities throughout California. Projects have included roadway widenings and reconstruction, bridges and retaining walls, drainage facilities, intersection improvements, bicycle and pedestrian facilities, and third-party coordination and approvals. We are proud of our track record of successfully completing projects and meeting the needs of our clients.
SAVI RANCH EXPERIENCE
Our project manager, Pat Somerville, has delivered
the prior phases of these projects and has continued
supporting the City since joining Mark Thomas. His lead civil engineer on those prior phases, Kimberly Barling, has joined him here at Mark Thomas, also bringing
her institutional knowledge to help deliver this critical phase of work. A summary of their work performed to
date include:
Savi Ranch Mobility Feasibility Study: Authored
this document that advanced the mobility elements
identified in the Savi Ranch Vision Plan with a focus
on the alternatives which would improve accessibility
and mobility. This document defined the Savi
Ranch Parkway, Yorba Linda Boulevard and active
transportation elements.
OCTA CTFP Funding Application: Prepared the Arterial Capacity Enhancement funding application that was successful in funding the preliminary engineering and environmental document for the Yorba Linda Boulevard Widening.
Preliminary Engineering & Environmental Clearance: Delivered the 30% project plans for the Savi Ranch Parkway widening and preliminary engineering and Initial Study/Mitigated Negative Declaration environmental document for the Yorba Linda Boulevard widening which was approved by City Council in January 2021.
OCTA CTFP Funding Application: Prepared the Arterial Capacity Enhancement funding application that was successful in funding the final design for the Yorba Linda Boulevard Widening.
Savi Ranch Parkway MPAH Amendment: Assisted the city in developing the strategy, preparing the necessary documentation and participated in the discussions with OCTA to include Savi Ranch Parkway on OCTA’s Master Plan of Arterial Highways.
OCTA CTFP Funding Application: Mark Thomas prepared the Intersection Capacity Enhancement funding application that was successful in funding the final design for the Savi Ranch Parkway Widening.
RELEVANT EXPERIENCE
On the following page is a list of our projects that Mark Thomas and our key personnel (*) have delivered, each having relevant features similar to this Project. In Appendix E, we have included full project descriptions and images of the projects shown in bold. We are confident that you will find that these projects demonstrate our ability to deliver the service you are seeking.
MARK THOMAS TEAM BENEFITS
» Same leadership that delivered the prior
phases of work
» Unparalleled understanding of the project
corridor
» Proven ability to develop cost-effective
solutions in constrained conditions
» Local strength in the design of bridges over
waterways
» Depth of knowledge on the Santa Ana River
» Strong relationships at the County of Orange
and USACE
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Roadway Widening
We have experience throughout Southern California developing roadway improvements, taking projects from conceptual to final PS&E, with a comprehensive approach that implements a complete streets methodology that increases the benefits for your community.
Our experience includes geometric development, pedestrian and bicycle improvements, bridges, retaining walls, drainage, stormwater, utility coordination and relocation, landscape and aesthetics, construction staging and traffic handling, and right of way acquisition. A sampling of these projects includes the following:
» Savi Ranch Mobility Feasibility Study* | Yorba Linda
» Savi Ranch Parkway Widening, Preliminary Engineering* | Yorba Linda » Yorba Linda Boulevard Widening, Preliminary Engineering & Environmental* | Yorba Linda
» Firestone Boulevard Widening, PS&E | Norwalk
» Limonite Avenue Gap Closure, PS&E | Eastvale
» Brea Canyon Road Widening, PS&E | County of Orange
» Cannon Street Widening, PS&E | Orange
» Garden Grove Boulevard Complete Street, PS&E | Westminster » Long Beach Boulevard Complete Street, PS&E | South Gate » Warner Avenue Widening, PS&E | Santa Ana
» Palomar Street Widening, PS&E | Wildomar
» Cherry Street Extension, PS&E | Temecula
» University Drive Widening, PS&E* | Irvine
» Gale Avenue Widening, PS&E* | Industry
» Brea Intersection Improvements, PS&E* | Brea
Bridge Crossings over Waterways
Mark Thomas has designed over 150 new, replacement and widened structures over waterways throughout California. With the strength of our in-house structures team coupled with the expertise of NCM, we bring you a powerhouse pairing of structural talent that provides you with the depth of resources and the creativity necessary to provide the City with solutions that will reduce costs, reduce project footprint and facilitate approvals from the regulatory agencies.
Mark Thomas, NCM, Q3 and LSA provide you significant recent experience working with OC Flood, on behalf of Orange County Flood Control District, as well as the United States Army Corps of Engineers (USACE). This experience brings you the relationships necessary to obtain the necessary approvals and permits for the widening of the Yorba Linda Boulevard bridge over the Santa Ana River.
A sampling of our bridges of waterways experience includes the following, all of which required USACE permitting:
» Yorba Linda Boulevard Widening over Santa Ana River* | Yorba Linda » I-15 Widening over Santa Ana River* | RCTC, Caltrans
» SR-91 Widening over Santa Ana River* | OCTA, Caltrans » OC Streetcar over Santa Ana River * | Santa Ana
» Cannon Street Widening over Santiago Creek | Orange
» Limonite Avenue over Cucamonga Channel | Eastvale
» Brea Canyon Road Bridge Replacements (multiple locations) | Orange County
» Silverado Canyon Bridge Replacement over Ladd Creek | Orange County » Nuevo Road over San Jacinto River | Riverside County
» Garden River Bridge over Los Angeles River | Glendale » SR-60 Widening over San Timoteo Creek | Beaumont, Caltrans » I-15 Widening over Temescal Creek, PS&E* | RCTC, Caltrans » First Street Bridge Replacement over Santa Ana River, PS&E* | Santa Ana » Edinger Avenue Widening over Santa Ana River* | Orange County » Edinger Avenue Bridge over Bolsa Chica Channel* | Orange County » Telegraph Road Bridge Replacement over San Gabriel River* | Pico River Active Transportation
The Yorba Linda Boulevard and Savi Ranch Parkway projects both include significant improvements for pedestrians and bicyclists, both on a regional and local basis. Mark Thomas is a recognized industry leader in the planning, design, and delivery of trails and bikeways projects. These projects include Class I paths, Class II bike lanes, Class IV protected bikeways, protected intersections, and sidewalks inclusive of ADA improvements. These facilities have improved mobility and connectivity, provided safety and user comfort, and linked major bicycle and pedestrian corridors to key destinations including housing, employment and commercial centers, and other recreational facilities.
Through our work with cities, counties, and Caltrans, we have accumulated an expansive knowledge base specifically geared toward improving access, connectivity, and safety for active modes of transportation such as walking and bicycling. Our strong background in delivering transportation projects, coupled with an effective balance of creative innovations, allow us to develop practical design solutions. This experience includes:
» OC Loop, Segment D | Orange County
» OC Loop, Segments O, P, Q | Orange County
» OC Bike Connectors Gap Closure Study | OCTA
» Standard Avenue Protected Bike Lanes | Santa Ana
» Peters Canyon Trail Extension | Orange County
» Mendez Historic Trail | Westminster
» SCE Class I Trail over Cucamonga Creek | Eastvale
» Bikeway Network Improvements | Eastvale
» Garden River Bridge over Los Angeles River | Glendale » Doran Street Active Transportation Improvements* | Los Angeles, Glendale Construction of this NCM designed widening of the I-15 bridges over the Santa Ana River was recently completed
The Mark Thomas team delivered these two OCTA CTFP-funded projects which are now in construction. Upper: University Drive Widening, Irvine; Lower: Warner Avenue Widening, Santa Ana
OC Loops Bikeways Study
F. P ROJ E C T
U N D E R S TA N D I N G ,
OVERVIE W, AND
APPROACH
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
P R O J E C T U N D E R S TA N D I N G , O V E R V I E W,
AND APPROACH
The City of Yorba Linda is embarking on one of their largest infrastructure projects in decades, the widening of both Yorba Linda Boulevard and Savi Ranch Parkway, including the bridge widening over the Santa Ana River. The project is being delivered in cooperation with the City of Anaheim.
Consistent with the Savi Ranch Vision Plan and the
subsequent Savi Ranch Mobility Feasibility Study, increased accessibility, and mobility, particularly the ingress and egress, are necessary to ensure the economic viability of the Savi Ranch Center. These improvements were advanced and environmentally cleared as part of the Project Report and Environmental Document (PR/ED) that was approved by
City Council in January 2021.
Our team provides you the leadership of Pat Somerville, who has been a champion for this project, and will build on these prior successes. These successes not only include Pat’s delivery of the Mobility Feasibility Study and the PR/ ED, but also three OCTA CTFP funding applications for the Yorba Linda Boulevard PR/ED and final design phases for both Yorba Linda Boulevard and Savi Ranch Parkway. He
supported the City in developing strategies and presenting to OCTA to garner their approval to amend their Master
Plan of Arterial Highways to include Savi Ranch Parkway, Mirage Street and Old Canal Road. This success now
provides the City the opportunity to fund 75% of the Savi Ranch Parkway design, right of way and construction
through the OCTA CTFP program. Lastly, Pat continued
to develop funding strategies throughout the life of this project to support the City in developing the path forward to make this project a reality.
Our team will build on these successes, continuing forward to deliver the final design for both of these projects. We fully understand the challenges ahead and bring you the right team to successfully deliver the right solutions that will minimize impacts and reduce project costs. And we will provide the continued support and guidance to position the City in securing the funding to make this project a reality!
KEY ISSUES
Building off our institutional knowledge from our project manager, coupled with the fresh set of eyes from our staff and subconsultant team, we have reviewed not only the
documents provided in the RFP, but additional as-builts and right of way information to fully understand the project challenges. We have identified the key challenges to
project delivery as shown in Figure 1 on the following page, followed by our project approach to successfully deliver your project.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Figure 1. Key Issue Map showing the Project Report Alternative
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
ROADWAY GEOMETRIC LAYOUT
As the project now moves forward, the approach
will be to build off the work done to date, with the
understanding of the underlying challenges and
rationale for the current geometry and look for
refinements that will further reduce project impacts and costs that will further position the City in securing the necessary funding to move the project forward into the
right of way and construction phases.
TRAFFIC CONSIDERATIONS
The project is based on the recorded traffic volumes
and forecasted to the future year through the use of the Anaheim traffic model (ATAM), which is a subset of the
regional OCTA traffic model (OCTAM). These models
include the build-out based on current land use and
the highway network, including future eastbound SR-91
improvements.
Our most recent traffic volumes indicate that traffic
has not yet reached the pre-pandemic volumes, but
it is nearing that point and the continued growth is
expected. As part of this phase of work, we will update the segment Annual Daily Traffic (ADT) volumes as well
as the peak hour intersection movement volumes. This
will be required for the upcoming OCTA CTFP funding
applications as the existing data is not within their
allowable window of time.
The strategy going forward for the OCTA CTFP
applications needs to be considered as the Yorba
Linda Boulevard project scored strongly in the Arterial Capacity Enhancement (ACE) program. However, Savi
Ranch Parkway did not score well as a standalone
project in the Intersection Capacity Enhancement
(ICE) Program, therefore the strategy should be to
combine these projects for the OCTA CTFP ACE funding
grant. Also, it is important to understand that any
consideration of eliminating the additional northbound
lane in lieu of extending the northbound right turn
lane at La Palma Avenue would prevent the City from
pursuing the ACE program for the project, and the La
Palma Avenue and Santa Ana Canyon intersections
would not qualify as standalone projects with ICE.
ALTERNATIVE GEOMETRY
The geometry developed in the Project Report
developed an alignment that minimized the transitions
and tapers through the horizontal curve and
intersection at Yorba Linda Boulevard and Savi Ranch.
It also followed the City Council direction to maximize the available storage for all turning movements on both Yorba Linda Boulevard and Savi Ranch Parkway. The
geometry met those goals.
As we move into the final design, we will explore
opportunities to re-evaluate and optimize the geometry
in an effort to reduce overall project costs. This includes the main project cost drivers: the bridge widening and
the temporary and permanent right of way required.
The alternative we have developed on the following
page adjusted the geometry, introducing a non-radial
compound curve that complicates the geometry
slightly, but is similar to the existing condition. This was accomplished however in a manner to minimize the
change in curvature. This approach allows the widening
to follow the southerly curb more closely across the
bridge, but it does eliminate the longer southbound
right turn lane at Savi Ranch Parkway.
The southbound right turn movement had an A.M.
peak hour volume of 275 vehicles and a P.M. peak
hour volume of 310 vehicles. With an existing right
turn pocket length of 115 feet, it is inadequate for
the volumes and the length of queuing encountered
from the adjacent through movement. This is an
opportunity to widen the west side of the bridge, over
Crystal Drive to extend the existing right turn pocket
to approximately 300 feet in length to improve storage
and operations.
The revised geometric approach still meets the goals of the project by providing the 4th northbound through
lane, adds and extends the left turn pockets at both La Palma Avenue and Savi Ranch Parkway, and lengthens
the southbound right turn lane at Savi Ranch Parkway.
And it accomplishes in a manner that reduces the
overall bridge widening, reduces right of way needs
within Orange County Flood Control District jurisdiction and the PetSmart parcel, while only needing minimal
right of way for the right turn pocket. This revised
geometric approach is shown on the following page.
After
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Section A-A Section B-B
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
BRIDGE WIDENING
Our team has extensive experience in river crossings and with large bridge widenings, many over the Santa Ana River. This relevant experience and our technical skills couple with our creative and innovative design approach to bring significant benefits to the project.
The preliminary design of the bridge widening considers a non-uniform widening of the east side of the existing bridge. As discussed in the Geometric approach, optimizing the roadway configuration would result in decreasing the bridge widening, yielding project savings.
Another innovative approach our team has planned for the Yorba Linda Boulevard Bridge design is focused on the bridge pier walls and foundations. NCM has reviewed the proposed pier walls, which were identified in the Project Report to be 17-inches wider than the existing. We have determined that the existing pier wall width can be maintained, thereby reducing project costs and associated impact to the river hydraulics.
Additionally, because of the natural soft bottom channel and the propensity of the Santa Ana River channel thalweg to meander between banks, scour at pier walls will be a critical issue. Our recent experience delivering the I-15 freeway bridge widening over the Santa Ana River also had to deal with widening a bridge and pier walls within the environmentally sensitive and high-scour prone footprint. Our solution there would be a great fit for the Yorba Linda Boulevard Project. Medium-diameter cast-in-drilled-hole piles supporting a pier wall would eliminate the need for a large pile cap and multiple driven piles. This then eliminates the need for a massive excavation hole and thereby reduces risk of dewatering and construction durations. All of these are cost-sensitive issues that help control the foundation costs – one of the more significant portions of the overall project budget. It requires the unique experience and expertise of our team to deliver this type of innovative non-standard design – one that has previously been vetted through the vigorous Caltrans review process we completed for the I-15 bridge widening.
Our team brings the City extensive
experience designing and permitting for
bridges over waterways. NCM recently
completed the widening of the I-15
Bridge over the Santa Ana River. Their
efforts addressed both USACE and MWD
requirements without delay, which was
critical on that design/build contract
that had an aggressive schedule.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
GEOTECHNICAL CONSIDERATIONS
The bridge widening site is underlain by unconsolidated river sediments consisting of sand and gravel with lenses of silt and cobbles. These sediments are susceptible to scour because they are not well cemented and may be corrosive to concrete and metal, particularly the silt lenses.
The site is located within a seismically active area of Southern California. The Whittier Section of the Elsinore fault zone is located approximately one mile north of the project site. In addition, the site is mapped in a liquefaction zone.
Piers 3 through 5 of the bridge are located within the active channel of the Santa Ana River, between the levees, which would require diverting the river flow and a Section 408 Permit from USACE if borings were to be performed.
The existing Log of Test Borings (LOTB) for the bridge showed two borings were available within the riverbed and the soils were consistently identified as gravelly sand. We plan to use this available information, supplemented by borings at other foundation locations outside of the river footprint. The borings outside the river will be located in Crystal Drive near Abutment 1 and Pier 2, and near the Santa Ana River Trail on the north side, near Pier 6 and Abutment 7. This approach will avoid the lengthy permitting process by USACE as well as the needs for temporary diversion of the river flow, grading for temporary access roads and river restoration and along with the associated costs.
SANTA ANA RIVER HYDRAULICS
The proposed Yorba Linda Boulevard Widening crosses the Santa Ana River (SAR) Channel. The SAR is a regional flood control channel that was constructed by the United States Army Corps of Engineers (USACE) and is owned and maintained by the County of Orange. The Mark Thomas team has extensive knowledge of the hydraulics of the SAR and has a strong working relationship with Orange County Public Works (OCPW) and USACE Los Angeles District staff that will aid in obtaining design approvals and all required permits during the final design phase. While the widening of the bridge will not alter the design of the existing channel, the extension of the bridge piers will warrant a hydraulic analysis, scour analysis, and the preparation of a Final Hydraulics Report.
The hydraulic analysis of the river will be prepared using the latest USACE HEC-RAS computer model. Preliminary analysis prepared for the Project Report showed a water surface elevation increase of 2.6 feet, which is a significant rise. The Mark Thomas team has reviewed the preliminary analysis, and even with the increased pier wall width that was proposed, an increase of this magnitude should not have been expected. Looking deeper into the existing USACE model, what we have identified is a constriction in the river section that coincides with the bridge widening. This appears to be an anomaly in the existing USACE model. Our team will prepare an updated version of the existing condition model at the bridge location using the most current topographic mapping to include additional cross sections for the bridge widening an establish the baseline condition of the river, and a project condition model will then be prepared which incorporates the proposed widening. The change in water surface elevations along the river associated with the extension of the bridge piers will be evaluated and the results of the analysis will be used to prepare the Final Hydraulics Report. If any impacts are identified, they will be discussed with the team and potential mitigation measures developed. Abutment and pier scour associated with the widening will also be evaluated using the scour analysis procedures prescribed in HEC-18, Evaluating Scour at Bridges.
Leighton’s work on the Santa Ana River
Interceptor (SARI) immediately east
of the bridge site provides additional
subsurface information for our team.
Additionally, their approach to use the
existing boring data for the Yorba Linda
Boulevard bridge eliminates the need
for the USACE Section 408 permit for
the borings, saving the City costs and
upwards of 12 months in the design
schedule.
Geotechnical investigations, river hydraulics and scour analysis are critical steps in the bridge design as well as in obtaining the USACE Section 408 Permit.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
RETAINING WALLS
Retaining wall alternative selection for the Savi Ranch Parkway is crucial to maintain pedestrian and vehicular traffic, limit temporary and permanent impacts to adjacent parcels and project cost controls. Our team has extensive retaining wall experience, from design and development of all retaining walls in the Caltrans Standard Plans, to the real-world application of many retaining walls in challenging project settings. From our library of solutions, we have identified three concepts worth further consideration during final design, as shown below. During final design, our team would evaluate these and potentially other alternatives in concert with the traffic handling, construction staging, right-of-way, utilities, and drainage constraints to optimize the project benefits while minimizing cost and risk.
Precast Concrete T-Walls
Precast concrete T-Walls are a proprietary and unique system that is constructed very quickly and within a small footprint. These are stacked for taller installations. Setting pads are cast-in-place to level and provide a footing.
Pros:
» Can feature architectural
treatments
» Placed with small crane or lifts
within a limited construction
footprint
» Expedited construction due to
precast setup
Cons:
» Has a wider base width than a
cast-in-place alternative.
» Leaves gaps between panel
faces that require some
maintenance
Concrete Masonry Units (CMU)
A CMU wall (block wall) is an alternative that is more conventional but require a distinctive design here due to the wall height. These are also quick to construct and do not require a large construction area to complete. A concrete cap could be added to help with aesthetics.
Pros:
» Architectural finish limited to
block color and texture
» Can be built within a very tight
construction area around the
stem.
» Footing size can be tailored and
minimized
Cons:
» Requires forming and more
foundation work
» Skill of craftsmanship and
masonry contractor may impact
aesthetics
» Not as cost-effective as other
wall solutions
Soldier Pile Wall
A solider pile wall has the smallest footprint. Steel H-Pile or W shape sections placed in drilled holes. Holes are filled with concrete around the steel to secure in place. Concrete lagging is placed along with backfill between steel flanges. Cast-in-place concrete facing secures all components and adds architectural/aesthetic canvas.
Pros:
» Smallest construction and final
footprint
» Largest opportunity for aesthetic
treatments
» Can be constructed in a short
construction window
Cons:
» Require forming of the wall face
» Design is sensitive to the quality
of subgrade soils
» Space allowance required for
drill rig
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
ACTIVE TRANSPORTATION FEATURES
One of the community benefits of the Project is the proposed active transportation features. This includes upgrading of the Santa Ana River Trail (SART) along La Palma Avenue, providing a barrier separated pedestrian path along Yorba Linda Boulevard along with the addition of a Class I bike path that connects SART to Savi Ranch and closing gaps in sidewalk within Savi Ranch on Mirage Street. These features are consistent with the goals of the Savi Ranch Vision Plan. The following two active transportation elements will be further evaluated in this final design phase.
COUNTY PATHS AND TRAILS ALONG LA PALMA AVENUE
The Project Report identified a full standard Class I bike path along La Palma Avenue, upgrading the current path, improving the riding surface, and eliminating the depressed segment. This is being achieved through a narrowing of La Palma Avenue. The back of the path will be located on the top or toe of existing slope to avoid any impact to the environmentally sensitive lands.
One item that the City of Anaheim provided a comment on previously, and that the OC Parks department has been considering, is closing the gap in the Orange County Hiking and Riding Trail network. As shown in the figure below, the trail currently ends at Yorba Linda Boulevard on the west and at the USACE river improvements on the east, just east of the Mercado Del Rio Plaza. This project can close this gap by including the Hiking and Riding trail through the conversion of existing paved and unpaved paths through our project limits, as shown in the figure below.
We evaluated the portion adjacent to Mercado Del Rio Plaza and with same approach of narrowing the roadway, we are able to accommodate both the Class I SART and the Hiking and Riding Trail, pedestrian sidewalk which includes the parkway features such as street lights, fire hydrants and signal poles, and maintain the lane configuration by shifting them to the north and maintain the eastbound right turn pocket into the Plaza. This is shown below. This option provides another community benefit that also translates into features to highlight in funding applications.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
BIKE PATH CONNECTIVITY INTO SAVI RANCH
One of the goals of the Savi Ranch Vision Plan was to improve the connectivity for pedestrians and bicyclists. As such, the Savi Ranch Mobility Feasibility Study and the subsequent Project Report reflects a concept that continues the Class I path on Yorba Linda Boulevard to Old Canal Road, then continues the path along the slope on the south side of Old Canal Road, ending at Mirage Street. A Class IV could be extended on Old Canal Road to Eastpark Drive, connecting to the retail and residential destinations within Savi Ranch.
There are challenges with the proposed routing that will be further explored, as well as alternatives that might provide other benefits such as reduced cost, eliminating utility relocations and/or facilitating staging and access during construction. We have summarized these alternatives below, using the northeast corner of Yorba Linda Boulevard and Savi Ranch Parkway intersection as a starting point. Please note that providing the bike path along the north side of Savi Ranch Parkway is not shown due to the permanent impact on the Staples/PetSmart parking stalls or a significant offset that would be created at Mirage Street that would require improvements east of the Mirage Street intersection, beyond the limits previously identified.
Project Report Alternative: Old Canal Road
Description: Routing of the path per the Project Report, using Yorba Linda Boulevard and Old Canal Road.
Pros:
• Most direct routing
• Least amount of ROW
Cons:
• Potential AT&T impact
• Existing Walls and Tunnel
• Crossing at Yorba Linda/Savi Ranch
Quantities:
• Path Length: 765 ft
• Slope Area: 7,225 sf
• Retaining Wall: 3,560 sf
• ROW (Temp): 5,575 sf
• ROW (Perm): 5,055 sf
Total Estimated Cost: $1,189,000
Alternative 1: Savi Ranch Parkway/Mirage Street
Description: Route path on south side of Savi Ranch Parkway to Mirage Street and behind sidewalk on Mirage Street to Old Canal Road Pros:
• Less retaining wall and no tunnel impact
• Facilitates pedestrian access during Savi Ranch construction Cons:
• Impact to Sprouts
• More right of way
• Crossing at Yorba Linda/Savi Ranch
Quantities:
• Path Length: 895 ft
• Slope Area: 5,585 sf
• Retaining Wall: 2,160 sf
• ROW (Temp): 5,500 sf
• ROW (Perm): 7,860 sf
Total Estimated Cost: $1,180,000 (decrease of $9,000)
Alternative 2: Crystal Drive/Mirage Street
Description: Route path behind PetSmart, remove eastbound lane on Crystal Drive for Class IV cycle track, shift behind sidewalk on Mirage Street to Old Canal Road Pros:
• No crossing at Yorba Linda/Savi Ranch
• No retaining walls or tunnel impact
Cons:
• Longest route
• Two driveway crossings
• Most right of way
Quantities:
• Path Length: 1,505 ft
• Slope Area: 12,240 sf
• Retaining Wall: 0 sf
• ROW (Temp): 12,570 sf
• ROW (Perm): 12,590 sf
Total Estimated Cost: $1,493,000 (increase of $304,000)
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
REGULATORY PERMITTING
Extensive regulatory permit packages for this project
will be required. Our project team stays current with
changing regulations and guidance, which have
occurred frequently in recent years, which is important in avoiding procedural issues that might result in
protracted processing times. LSA previously prepared
the Jurisdictional Delineation and the Biological
Resources Assessment for the approved IS/MND and
brings this extensive experience in the project area to the team.
The recommended first step in the waters permitting
task, which is specifically required by the USACE, is a pre-application meeting with the resource/regulatory
permitting agencies. Pre-submittal coordination with
the regulatory agencies will help make the permitting
process go smoother and will avoid unnecessary
surprises that could delay the processing time of the
permits. For efficiency purposes, the project team will coordinate a single virtual pre- application meeting
with all the permitting agencies to describe the
bridge widening design, confirm the materials that
will be provided in the applications and to provide an
opportunity for the agencies to ask questions regarding the project. As part of this meeting, the project team
will utilize the Jurisdictional Delineation provided by the City to describe the potential impacts to jurisdictional waters in the presentation to the resource/regulatory
agencies.
The following permits will be needed from the
resource/regulatory agencies:
408 Permit: A requirement of all USACE permits is
to obtain a Section 408 permission for any project
that affects USACE facilities or local facilities that
were constructed with USACE funding. This process
can be lengthy and required coordination with both
the County of Orange Public Works (OCPW) and the
USACE. For this type of project, the OCPW and USACE
permit applications are tied together. Understanding
the process and requirements is essential to obtaining
timely permits for the work. Our team fully understands the process having recently completed the similar
permit applications for the downstream SR-91
eastbound widening project and will use this knowledge
to effectively obtain the necessary permits for the
project design and construction.
404 Permit: The proposed project is expected to
qualify for Nationwide Permit (NWP 14), since this is a linear transportation project that is expected to result in no more than 0.25 acre of permanent loss to non-tidal
Waters of the United States (WOTUS). Also, a PreConstruction Notification (PCN) will be required since the proposed project may impact more than 0.1 acre
of WOTUS and/or is likely to discharge into a special
aquatic site, namely jurisdictional wetlands. As part of the 404 Permit application, the project team will
submit a draft Environmental Assessment for use by
the Corps in completing the NEPA process required
for the Section 408 process, described above; prepare
Section 106 documentation for cultural resources for
the 408/404 permits; and prepare an HMMP to that
address the mitigation for impacts to jurisdictional
waters. Additionally, the Section 7 Consultation
process being completed separately by the City will
be referenced in the permit to ensure coordination
between the Corp and US. Fish and Wildlife Service.
401 Certification: Due to recent changes in procedures
for all 401 Certifications, an alternatives analysis is required. The level of rigor required in the alternatives analysis is to be commensurate with the level of
impact to regulated resources. In this case, based on
the relatively small magnitude of permanent impacts
to USACE/RWQCB jurisdiction expected to occur,
a moderate level of effort in analyzing alternatives
is expected. The project team will utilize prior
documentation developed during the initial design
phase to inform the alternatives selected for use in the alternatives analysis to the extent feasible.
1602 Agreement: Recently, one of the most sensitive
resources of concern for CDFW is the presence of
bats in existing structures and adjacent vegetation.
Additionally, bat mitigation was identified in the IS/
MND. Maternity bat roosting surveys and preparation
of a bat management plan are required to address the
potential for impacting bats and identify avoidance/
minimization measures to address any impacts to bats
during construction. LSA is very familiar bats and bat
habitat within the project area, having worked on bat
mitigation measures for other bridge widening projects
in the immediate vicinity. During the preparation of
the bat mitigation plan by LSA’s highly respected bat
biologist, LSA will work closely with the engineers to
identify measures, especially bat surveys, construction timing, and construction features, that will optimize
construction timing and efficiency.
Additionally, the CDFW has been increasingly
concerned about fish passage within the Santa Ana
River due to the presence of fish species, including
the listed Santa Ana Sucker. LSA recently coordinated
with CDFW regarding fish species in the Santa Ana
River associated with the Fairview Avenue Bridge
Replacement project. LSA will work with the project
team to identify appropriate avoidance and/or
minimization measures to address potential effects to
fish species and incorporate this information into the
submittal to CDFW.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
UTILITY COORDINATION AND RELOCATION
Mark Thomas has the demonstrated ability and established relationships to successfully coordinate utility relocations on this project. Our first step will be to update the initial utility request to the utility companies as the original request is five years old, especially important to capture any new utilities. We know that Anaheim Public Utilities has installed new electrical facilities on Yorba Linda Boulevard at La Palma Avenue in April 2021 and Verizon Business is currently installing new fiber optic facilities near Savi Ranch Parkway, as shown in the photo below.
While the project will require minor relocations such as street lighting, there are more significant utilities that will be protected in place, necessitating close coordination with the following utility companies.
Metropolitan Water District (MWD): MWD owns and maintains a 73-inch pipeline, known as the Colorado Aqueduct Santiago Lateral, which was built in 1955. The pipeline crosses under Pier 2 of the existing bridge at a depth of approximately 20 feet and is in a concrete encasement. The proposed bridge widening concept will cross over the MWD pipeline on Pier 3 and also Abutment 1 if the extended southbound right turn pocket is included as shown in the alternative geometry. MWD is known for their rigorous and uncompromising standards and expectations when dealing with approvals to projects that could potentially impact their infrastructure. Fortunately, the depth of the facility affords our design team some room to consider a variety of foundation configurations, types, and analytical methods that would be used to craft our technical justifications to MWD. Our team has had success in the recent past, gaining MWD approval of wall foundations crossing an existing MWD waterline within Caltrans rightof-way. Through close interaction between the structural designers and the geotechnical team, we completed the sophisticated analysis requested by MWD and gained approval through proactive coordination with MWD. This same approach will be utilized here again to overcome this challenging utility conflict.
Orange County Sanitation District (OCSD): The OCSD Santa Ana River Interceptor (SARI) 51-inch pipeline crosses under Pier 2 of the existing bridge. The Project will widen Abutment 1 over a segment of the SARI that is 42-inch diameter and approximately 16 feet deep under Crystal Drive. It is expected that OCSD will require concrete encasement to be installed over their existing pipeline in the vicinity of the widening. Pat Somerville brings relationships with OCSD on the OC Streetcar and SR-55 widening projects that will benefit the discussions, reviews, and approvals.
Southern California Edison (SCE): Other than street lighting, there are two SCE facilities affected by the project.
First is the 66kV overhead electrical that passes over the top of the existing bridge. This line will be protected in place, and we will survey these lines to verify vertical clearances. The California Public Utilities Commission (CPUC) General Order 95 dictates clearances required from equipment to these power lines. This information will be included in the project plans and specifications. The power pole at the southeast corner of Yorba Linda Boulevard and La Palma Avenue will require relocation. This
coordination will start early as there are a number of
risers on this pole leading to underground facilities.
AT&T: AT&T has a ‘hut’ on Old Canal Road that must
be protected in place with the proposed bike path
connection. Of concern is the underground AT&T duct
bank from the hut that connects to utility access holes on Yorba Linda Boulevard. The routing of the duct bank
is not well defined; therefore, Mark Thomas will have
our subconsultant C-Below to both mark and pothole
this facility to ensure the feasibility of the bike path and avoid impacts as this is a significant facility to relocate.
Our team is experienced working
with MWD and understanding their
extensive requirements to validate to
impact to their facilities. This includes all
construction activity, drilling or driving
of piles and vibration analysis. Our team
has provided this coordination with
MWD on the following projects:
» OC Loop, Segment D
» OC Streetcar
» I-15 Widening
» Raymond Avenue Grade Separation
» Brea Canyon Road Grade Separation
» State College/Lambert Road
Widening
New utilities have been installed since the completion of the Project Report in 2021.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
RIGHT OF WAY
While the project does not require any full acquisitions, there are several parcels that will require partial acquisition and temporary construction easements in order to build the project. The cost of the right of way is an area of risk for the City in terms of funding. While it is expected that 75% of the right of way cost will be covered through the OCTA CTFP funds, the 25% match remains unfunded with little options from outside sources. While our funding experts will do everything possible to find this 25% match, it may mean that the City has to self-fund the match.
With this in mind, our team has developed strategies to reduce the right of way impacts of the project, as shown in Appendix H, and includes the following:
Temporary Construction Easements (TCE): While the land value of the TCEs seems minimal, the cost is driven by the duration of the TCE and from loss of goodwill and damages. This increases significantly with any temporary loss of parking, which is pertinent in the Staples/PetSmart parking lot. As such, our team is developing retaining wall solutions that will allow the contractor to construct them from Savi Ranch Parkway and avoid the temporary use of the parking stalls for construction or reducing the duration of the construction of the features requiring the TCE. This will provide a significant reduction in right of way costs.
Maximize use of encumbered lands: There are a significant number of easements across many of the parcels within the project limits. These easements include MWD, SCE, OCSD, AT&T and City water and storm drain. As this land is already encumbered with easements, acquiring additional roadway easement within these areas will come at a reduced rate. This could drive project direction, including the alternative shown in this approach, where the Veterinary Hospital has multiple easements and a dedication within the potential bridge widening footprint. The permanent easement for the widening would come at a significantly reduced cost to the project.
Orange County Flood Control District: With the bridge widening over the Santa Ana River, both aerial and footing easements will be required in addition to temporary construction easements. Engaging the OCFCD right of way group early into the process will be beneficial. Having knowledge of their process and expectations is critical and Pat, along with Monument, has this recent experience on projects such as the OC Streetcar, SR-55 Widening and the I-405 Express Lanes. Reducing the bridge footprint over the river will benefit the right of way cost.
COST ESTIMATING
The preliminary project cost estimates were developed in October 2019 in preparation for the OCTA CTFP funding application for the final design phase of Yorba Linda Boulevard. Much has changed since 2019 however, with the pandemic, current inflation, and a significant increase in right of way value affecting project costs. In this phase of work, the City will be seeking funding for right of way and construction of both projects, therefore it is critical to develop updated, accurate cost estimates that reflect today’s market conditions.
The Mark Thomas team has stayed close to these market conditions and were also part of several major infrastructure projects that opened bids within the last 12 months valued from $30M-$80M. We have considerable data to measure project costs against to provide confidence that the funding the City will seek for right of way and construction will be sufficient to build the project. There are two key cost drivers for your project:
Bridge Widening: The bridge widening is the project’s largest capital cost item. Developing an efficient project design that could reduce bridge width can provide a significant cost benefit. We also know the that the preliminary cost estimate requires validation for the cost distribution, which reflected a total cost of $360 per square foot of bridge widening, inclusive of retrofit, mobilization, and contingency.
Right of Way: Our team has already updated the right of way estimate that was included in the Project Report, and is included in Appendix H. We are seeing a 10% increase on costs though primarily related to the impacted parking stalls at PetSmart/Staples. Our approach eliminates this impact, and coupled with other refinements, will reduce right of way costs by $1M. Our team will continue to evaluate right of way strategies that will provide additional cost savings.
We have included Monument on our
team as a value-added resource for our
designers and the City. They will help
develop strategies and provide cost
input to potential solutions, looking at
them from the right of way perspective.
They bring experience working for the
City of Yorba Linda as well as the Orange
County Flood Control District, which will
be important due to the Santa Ana River
impacts.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
FUNDING YOUR PROJECT TO MAKE IT A REALITY
The City, with support from Pat Somerville and Mark Thomas, has implemented the strategy to secure PS&E funding for Yorba Linda Boulevard Widening and the Savi Ranch Parkway improvements.
Creativity and strategic partnering are critical in obtaining funds for project implementation. Mark Thomas has been working with local and regional agencies to secure grant funding and we have established as grant funding leaders in the industry. This expertise will be critical to developing a successful funding strategy. This approach includes:
Identifying All Funding Sources: A review of all applicable regional, state, and federal funding sources should be analyzed to identify the most applicable grant opportunities. Understanding what scope the grant can fund, eligible project phases, and match requirements. Mark Thomas has provided an initial review of available grant programs that could be pursued for the project.
Program Fund
Type R/W PS&E Match Success Rate
OCTA CTFP Regional X X 25% High
OCTA Complete Streets (BCIP Replacement) Regional X X 12% Medium Local Partnership Program - Formula State X X 50% Low
Local Partnership Program - Competitive State X 50% Medium Active Transportation Program State X X None Low
Bridge Investment Program Federal X X 20% Medium
Promoting Resilience Operations for Transformative, Efficient, and Cost-Saving Transportation Federal X X 20% Medium
Rebuilding American Infrastructure with Sustainability and Equity Federal X X 20% Low
Keep Both Projects Together: The Yorba Linda Boulevard Widening and Savi Ranch Parkway Intersection should be sold together in grant applications and in meetings with funding agencies. The combined congestion mitigation and multimodal accessibility are stronger together to provide corridor-wide benefits. Savi Ranch Parkway on its own does not carry the strength in the applications, as shown in the recent OCTA CTFP scoring. The OCTA CTFP program will be extremely competitive in the coming years with more project requests than available funding. Yorba Linda Boulevard scoring in the OCTA CTFP Arterial Capacity Enhancement is much stronger and can position the City for success. Savi Ranch Parkway improvements can be combined in that application.
Matching Grants with Grants: Our goal will be to maximize grant funding opportunities for the project by using grant funds to match other grant funds. If the City can secure CTFP M2 funds for right of way and construction, these funds can be used as a match for state and federal sources. For example, M2 funds can be used to match Local Partnership Program or Bridge Investment Program funds and reduce City controlled funds on the project.
Underserved Community Impacts: Current state and federal policies influencing funding decisions provide preference to projects that benefit underserved communities. There are census tracts adjacent to the project corridor meet low-income designations for underserved communities. The project benefits to these communities should be highlighted in grant applications and meetings with funding agencies.
Marketing Multimodal Enhancements: Providing multimodal improvements and complete streets is important for Caltrans and funding attractiveness. The bicycle/pedestrian facilities included in the project are a benefit to other regional improvements. Discussions should be had with OCTA regarding improved Route 38 bus transit reliability.
Bundling with Other Improvements: The City can explore bundling the complete street improvements with the other projects that include regional highway improvements or transit facilities/vehicles. One example would be to approach OCTA about their need for electric buses and/or partnering with the SR-91 Improvements. This will improve the competitiveness of the City’s project.
Ryan Bissegger, our funding lead,
is an instructor for the Active
Transportation Resource Center/
California Local Technical Assistance
Program “Positioning for Successful
Grant Applications” course where he’s
taught more than 300 agency staff
about grant funding. He also assisted in
the preparation of the OCTA CTFP ICE
application for the Savi Ranch Parkway
design phase funding.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PROJECT MANAGEMENT
Mark Thomas understands that to successfully deliver a project, it is important to have an experienced manager and a well-thought-out work plan to deliver the project. We bring the City just that with Pat as our Project Manager and his approach to deliver this exciting project. One of the first items of work is to prepare a well-thought-out Project Management Plan (PMP) that sets the expectations and serves as a guidebook for project delivery.
PROJECT MANAGEMENT PLAN (PMP)
The preparation of a PMP is crucial. PMPs are prepared shortly after NTP and serve as a guide for project implementation and management. The PMP provides a baseline of project objectives to achieve, how it is to be achieved, who will be involved, how it will be reported and measured, and how information will be communicated. Our typical PMPs include:
» Project Overview and Objectives
» Project Scope, Requirements, and Deliverables
» Project Team Roles and Responsibilities
» Schedule and Key Milestones
» Communications Protocols
» Project Budget
» Quality Control Approach
» Risk Register
While the PMP serves as a guide, it is active and engaged project management that keeps our projects on schedule and under budget. Following are the keys to our successful delivery.
CONTINUAL BUDGET CONTROL
We use Deltek for all our accounting functions. Deltek has modules “Project Review” and “I-Access” that allow project managers to enter budgets for Mark Thomas and the subcontractors and track spending in real-time. We use these modules to track earned value on our key projects. Our project managers do an excellent job making sure the team is efficient and make sure that information that is needed is available before moving on to certain other tasks. If items are needed to move forward this is communicated to the group early and people are held
accountable to keep the project moving.
Our Work Breakdown Structure forms the base for our
budget. As shown in the chart below, we plan our work
using a resource loaded schedule, monitor the project
progress, and track the planned budget vs. actuals, and we report this to Irvine monthly. We review and report
any variations along with a corrective action plan.
Our monthly progress reports that will accompany
our invoices will include a narrative description of the work performed, the work to be performed in the next
reporting period, identifying any issues/concerns and
charts reflecting the earned value, actuals, and planned expenditures.
“Mark Thomas takes pride
and ownership in the work
they do, which shows in
their delivreables. They
are proactive, innovative,
flexible, and put the needs
of the project over their
own. They consistently
meet deadlines and are
willing to put in the extra
effort to do so.”
- Austin Morgan, Orange
County Public Works
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
DELIVERING QUALITY PRODUCTS
Mark Thomas is committed to delivering quality
products that meet the City’s expectations. For
each project, we develop a project-specific Quality
Management Plan (QMP) that will guide the quality
review process. We leverage our firm-wide Quality
Management System (QMS) that provide the tools
necessary to ensure quality deliverables.
The PMPs/QMPs stipulate the deliverables and
schedules for the various levels of quality control
reviews to be conducted throughout the project.
Our project managers perform on-going reviews as
the project develops and Quality Control Reviews/
Accuracy Checks are conducted for every completed
work product. Before delivering to the client, fresh eyes are provided by Independent Technical Reviews which
are conducted by those who are knowledgeable but
not involved in the day-to-day project development.
Interdisciplinary reviews are conducted on projects
that bring together multiple disciplines to proof their integration.
Subconsultant Quality: Mark Thomas requires each of
our subconsultants follow our QMP to ensure the entire
team is following the same procedures and developing
quality products team-wide. Our quality manager will
provide necessary training and will perform audits on
the subconsultant QA/QC documentation.
Response Procedures: A formal response procedure is
used to track comments received on our deliverables—
taking a proactive stance in addressing issues and
comments as they arise and tracking them using a
Review Comment Matrix through resolution. Our Project
Manager personally ensures each comment is resolved
prior to the subsequent submittal.
Quality Control Audits: Mark Thomas conducts
internal quality audits to verify overall conformance with approved policies and procedures and to document any
problems related to QA/QC activities. Internal audits will be conducted after major submittals as determined by
the Auditor and Project Manager for each project.
MANAGE THE PROJECT RISKS
The cornerstone of Pat’s management starts with
identifying risks early in the project. He will develop a risk register with the input from the team members.
This register is updated routinely to be sure that risks are managed during the delivery of this project. Tools
such as Action Items and Decision Logs will be used to
confirm that members are informed of activities and
decisions made while delivering this project, and that
this information is documented.
PROACTIVE SCHEDULE MANAGEMENT
Our project managers are taught to take a proactive
approach for planning project activities, looking ahead and drilling down to track tasks critical to achieving
each milestone. Identifying the risks to the project
schedule and mitigating them by advancing early
activities where possible without the risk changes later in design. We have included the project schedule in
Section K for your review. Our strategy for keeping
projects on schedule is:
» Track action items
» Communicate key milestones often
» Over communicate
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
With our Team’s extensive experience and proposed organization, we can hone our activities and drive the schedule to deliver your project in an efficient and expedited manner. We developed a detailed work breakdown structure (WBS) outline, based upon your comprehensive scope of work included in the RFP, which will be tied to the estimate and schedule. This is our road map for project delivery.
Our stringent management of these three interrelated elements will allow us to deliver your project within budget and schedule. The following table outlines the sequence of activities by task along with the deliverables. Tasks shown in blue below are specific only to the Yorba Linda Boulevard widening project. We have provided the full scope of services in Appendix G.
Task 1 | Project Administration
WBS Tasks: Deliverables:
1.1 Meetings
1.2 City/Community Meetings
1.3 Community Meetings
1.4 Third Party Coordination
1.5 Progress Reporting
1.6 Project Management Plan (PMP)
» Project Management Plan
» Monthly Invoices and Progress Reports
» Meeting Agendas and Minutes
» Project Schedule
» Quality Control Documents
Task 2 | Permitting
WBS Tasks: Deliverables:
2.1 Caltrans Encroachment Permit
2.2 OCFCD Encroachment Permit
2.3 Regulatory Permitting
RWQCB 401
USACE 408/404
Focused Environmental Assessment
CDFW 1602
» Draft and Final Permit Applications
» Environmental Support Documents for USACE NEPA
Task 3 | Baseline Data Collection
WBS Tasks: Deliverables:
3.1 Data Collection
3.2 Utility Potholing
3.3 Geotechnical Investigations & Analysis
3.3.1 Field Investigations
3.3.2 Geotechnical Analysis
3.2.3 Summary Report
3.4 Utility Coordination
3.5 Survey Control
3.5.1 Survey Control
3.5.2 Design Surveys
3.5.3 Aerial Topography Augmentation
3.6 Right of Way Mapping/Acquisition
3.6.1 Land Net Mapping
3.6.2 ROW Support & Estimating
3.6.3 Plats & Legal Descriptions
3.7 Hydrology/Hydraulics
3.7.1 Roadway Hydrology/Hydraulics Study
3.7.2 Water Quality Management Plan (WQMP)
3.7.3 River Hydraulics & Scour Analysis
3.8 Traffic Management Plan (TMP)
3.9 Geometric Refinement
» Geometric Refinement Exhibits
» Reports (Draft & Final, Digital Only):
– Geotechnical Report
– Roadway Hydrology & Hydraulics
– Water Quality Management Plan
– River Hydraulics & Scour Analysis
– Traffic Management Plan
» Utility Coordination
– Pothole Data
– Utility Conflict Matrix
– Utility Letters (A/B/C)
– Utility Mapping
» Survey
– Topographic Base Map
– Survey field notes and site photos
» Right of Way
– Preliminary Title Reports
– Right of Way Estimates
– Plats and Legal Descriptions
SCOPE OF SERVICES
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
Task 4 | Final Engineering
WBS Tasks: Deliverables:
4.1 Construction Plans
Savi Ranch Parkway Widening (sheet count):
4.1.1 Title Sheet/General Notes (2)
4.1.2 Typical Sections (2)
4.1.3 Plan and Profile
4.1.4 Off-Site Improvements
4.1.5 Construction Details
4.1.6 Drainage Improvements
4.1.7 Striping Plans
4.1.8 Traffic Signal Modification
4.1.9 Street Lighting
4.1.10 Construction Staging & Traffic Handling
4.1.11 Retaining Walls
4.1.12 Planting & Irrigation
4.1.13 Cross Sections
Yorba Linda Boulevard Widening (sheet count)
4.1.1 Title Sheet/General Notes (2)
4.1.2 Typical Sections (2)
4.1.3 Plan and Profile
4.1.4 Off-Street Bike Trails
4.1.5 Off-Site Improvements
4.1.6 Construction Details
4.1.7 Drainage Improvements
4.1.8 River Mitigation
4.1.9 Striping Plans
4.1.10 Traffic Signal Modification
4.1.11 Street Lighting
4.1.12 Construction Staging & Traffic Handling
4.1.13 Retaining Walls
4.1.14 Bridge Widening
4.1.15 Planting & Irrigation
4.1.16 Cross Sections
4.2 Technical Specifications/Special Provisions
4.3 Engineer’s Estimate/Construction Cost
4.4 Construction Schedule/Working Day Analysis
» The following will be submitted at the 35% milestone:
– Construction Plans for Yorba Linda Boulevard
– Structure Type Selection Memorandum
» The following will be submitted at the 65%, 90%, 100% milestones for both Savi Ranch Parkway and Yorba Linda
Boulevard:
– Construction Plans
– Technical Specifications/Special Provisions
– Engineer’s Cost Estimate
– Construction Schedule
» Intermediate submittals will include:
– Three hard copies, 11x17, of project plans. Full size drawings are not included.
– Three hard copies of specifications, estimate and
construction schedule.
– Digital copies of all documents in PDF format.
– Native files in AutoCAD, Word, Excel, and MS Project. » Final Submittal will include:
– Four hard copies, 11x17, of project plans. Full size drawings are not included.
– Four hard copies of specifications, estimate and schedule. – Digital copy of all PS&E documents in PDF format
– Native files in AutoCAD, Word, Excel, and MS Project.
Task 5 | Advertisement/Bid Support
WBS Tasks: Deliverables:
5.1 Advertisement/Bid Support
– Meetings
– Responses to Inquiries
– Addendum Support
– Bid Review & Summary Analysis
» Bid Inquiry Responses
» Pre-Bid Meeting
» Addenda Preparation
» Review Bid Documents
» Prepare Bid Tabulation
Task 6 | Construction Support
WBS Tasks: Deliverables:
6.1 Meetings
6.2 Request for Information (RFI)
6.3 Shop Drawing/Submittal Reviews
6.4 Change Order Support
6.5 As-Built Plans
» Preconstruction Meeting
» Progress Meetings/Field Meetings
» RFI Responses
» Shop Drawing/Submittal Review
» Change Order/Claims Review
» Record Drawings
G. REPORTS
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
REPORTS
At Mark Thomas, it is standard procedure to submit
a progress report along with our monthly invoices, as
described below. Full samples of these are included in
Appendix F. We have the ability to create customized
financial reports to meet the City’s needs, including
more of a graphical dashboard format to convey the
project status. We can customize these reports to meet
the City’s needs. These specialized reports would be at no additional cost to the City.
INVOICING
Detailed invoices will be provided monthly for the
City’s review and approval. The invoices will include
a breakdown by employee, billing rate, and hours
expended during the reporting period. Subconsultant
and direct costs will be itemized and invoiced at cost
with no markup.
With the OCTA grant funding, it will be important
to clearly separate efforts related to the Savi Ranch
Parkway and Yorba Linda Boulevard widening work
tasks. Our proposed project manager, Pat Somerville, is intimately familiar with these requirements, having done so for the prior phase of work. These efforts will be summarized on separate invoices to facilitate your reimbursement from OCTA.
PROGRESS REPORTING
Accompanying each invoice will be
a progress report that will include
the following:
– Summary list of work
performed during the
reporting period;
– Work to be performed in the
next reporting period;
– Identify issues and/or
concerns that may impact the
project schedule, scope, or
budget;
– Overall and task level percent
complete; and
– Updated project schedule.
H. COMMUNICATION
PLAN
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
COMMUNICATION PLAN
Communicating effectively with the City and project
stakeholders is central to project success. Pat will
foster a productive communication process focused
on meeting the projects goals while resolving issues
proactively. Such an approach will help drive the
schedule forward. The interaction with the project
stakeholders will occur at several levels throughout the life of the project, as described below.
Project Development Team (PDT) Meetings
Pat will lead monthly meetings with the PDT, which
is expected to be comprised of a core group of
representatives from the cities of Yorba Linda and
Anaheim. Additional participants will be invited on an
as-needed basis, including Caltrans and OC Flood. PDT
discussions will include status updates, review of action items, technical discussions, and upcoming milestones.
During periods of high activity, such as the geometric
alternative refinement, Pat recommends holding biweekly virtual calls to facilitate the flow of information and decision making.
Focused Topic Meetings
Numerous focused meetings will be held throughout
the life of the project in order to address specifc project challenges as they arise. These include:
Project workshops: To review alternatives in a
collaborative environment, allowing for brainstorming
of solutions to the project challenges. These workshops could also include walkthroughs of materials ahead of
milestone submittals.
Impromptu meetings: Held as necessary to address
immediate issues as they arise, or as updates and
alternatives need to be discussed.
Third-party stakeholder meetings: To be conducted
to facilitate their review and approval of project
requirements, plans, and/or permit applications. Our
approach with third-parties is constant and proactive
coordination, starting early, and meeting often. These
meetings will include Caltrans, OC Flood, USACE, and
the utility companies, particularly MWD, SCE, and OCSD.
As needed, our team will develop technical
memorandums to fully describe anticipated challenges,
with potential solutions, and the associated pros and
cons of each solution or alternative. Our approach is
to always provide sufficient information to facilitate
informed decisions.
Public Meetings
We anticipate the project will require the preparation of staff reports and presentations to following appointed
or elected offcials as well as meetings with the
community:
Planning Commission: Items related to: land use
changes, variances circulation element, and/or aesthetic related to landscaping, signage, and way-finding.
Traffic Commission: Items related to the traffic
analysis, planned roadway configurations, and active
transportation components.
City Council: Approval of the planned improvements
and final plans, specifications, and cost estimate (PS&E), and authorization to bid.
Community: One-on-one to small group meetings with
the businesses and tenants to discuss project features, potential impacts, mitigations, and anticipated duration.
We will distribute materials including agenda, exhibits, and technical memorandum prior to each meeting. This
provides participants the opportunity to information
beforehand, allowing the meeting to progress effciently with decisions or direction made more promptly. Most
importantly, we will generate a running list of action
items from each meeting.
Our project manager, Pat Somerville,
is adept at public presentations to
the community, business owners, City
Commissions and City Councils. He has
presented both the Savi Ranch Mobility
Feasibility Study in July 2018 and the
Project Report alternatives in June 2019
to the Yorba Linda Traffic Commission and
City Council.
A P P E N D I X A .
S CH EDULE OF
COMPENSATION/FEES
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
I. SCHEDULE OF COMPENSATION/FEES
Per the RFP, our cost proposal is included as a separate file. Our proposal fee schedule will be submitted separately for each of the two projects. Due to funding scenarios, it is assumed that Savi Ranch Parkway will be constructed prior to Yorba Linda Boulevard.
A P P E N D I X B.
PROPOSAL FORMS
6 ADDENDUM RECEIPT CERTIFICATION
PROFESSIONAL ENGINEERING & DESIGN SERVICES FOR
YORBA LINDA BLVD AND SAVI RANCH PARKWAY WIDENING PROJECT Proposer acknowledges receipt of this Addendum and inclusion of its conditions in his -proposal by signature below and attachment of this Addendum to his proposal. PROPOSALS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.
Addendum No. 1 Date: ______________
Received by: Date:
(Signature)
Name: Title:
(Print)
Bidder:
(Authorized Signature)
Name: Title:
(Print)
07/07/2022
07/07/22
Darin Johnson, PE Division Manager + Associate
Darin Johnson, PE Division Manager + Associate
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
City of Yorba Linda
FINAL DESIGN AND ENVIRONMENTAL SERVICES ON THE YORBA LINDA BOULEVARD
WIDENING PROJECT AND THE SAVI RANCH PARKWAY WIDENING PROJECT
NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:
1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. This Proposal is genuine and not collusive or sham.
3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.
4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Yorba Linda or of anyone interested in the proposed contract.
5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.
6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
7. Proposer has not entered into any arrangement or agreement with any City of Yorba Linda public officer in connection with this proposal.
8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.
Executed this ______ day of ______, 2022, at ________________, California. ________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative 18 July Irvine
Darin Johnson, PE Division Manager + Associate
PROPOSAL FORMS
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
City of Yorba Linda
FINAL DESIGN AND ENVIRONMENTAL SERVICES ON THE YORBA LINDA BOULEVARD
WIDENING PROJECT AND THE SAVI RANCH PARKWAY WIDENING PROJECT CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE
WITH INSURANCE REQUIREMENTS FOR
AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Appendix 2) and hereby accepts all conditions and requirements as contained therein.
Consultant:
Name (Please Print or Type)
By:
Consultant’s Signature & Title
Date:
This executed form must be submitted with proposal.
Mark Thomas & Company, Inc.
Division Manager + Associate
July 18, 2022
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
City of Yorba Linda
FINAL DESIGN AND ENVIRONMENTAL SERVICES ON THE YORBA LINDA BOULEVARD
WIDENING PROJECT AND THE SAVI RANCH PARKWAY WIDENING PROJECT
CERTIFICATION OF PROPOSAL
TO THE CITY OF YORBA LINDA
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:
A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom; B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law;
C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement; D) Proposer shall represent and certify that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, material status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition;
E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City; H) The proposal response includes all of the commentary, figures and data required by the Request for Proposal, dated _______.
I) The proposal shall be valid for 180 days from the due date of this RFP.
Name of Proposer:
By:
(Authorized Signature)
07/18/2022
Mark Thomas & Company, Inc.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
City of Yorba Linda
FINAL DESIGN AND ENVIRONMENTAL SERVICES ON THE YORBA LINDA BOULEVARD
WIDENING PROJECT AND THE SAVI RANCH PARKWAY WIDENING PROJECT Type Name:
Title:
Date:
Division Manager + Associate
Darin Johnson, PE
July 18, 2022
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
City of Yorba Linda
FINAL DESIGN AND ENVIRONMENTAL SERVICES ON THE YORBA LINDA BOULEVARD
WIDENING PROJECT AND THE SAVI RANCH PARKWAY WIDENING PROJECT CONSULTANT’S ACKNOWLEDGEMENT OF RECEIPT AND
UNDERSTANDING OF DOCUMENTS
Consultant acknowledges that he/she has received a copy of the following:
- JULY 24, 2018 SAVI RANCH MOBILITY FEASIBILITY STUDY
- YORBA LINDA BLVD. CALTRANS BRIDGE INSPECTION REPORT
- YORBA LINDA BLVD. BRIDGE AS-BUILTS
- YORBA LINDA BLVD. PROJECT REPORT
- SAVI RANCH PARKWAY PROJECT REPORT
- ENVIRONMENTAL DOCUMENTS
- SAVI RANCH VISION PLAN
The above noted documents are contained in the appendices and the consultant confirms that he/she has reviewed and understands all conditions and requirements as contained therein.
Consultant:
Name (Please Print or Type) and Title
By:
Consultant’s Signature
Date:
This executed form must be submitted with proposal.
07/18/2022
Mark Thomas & Company, Inc.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
CONTRACT EXCEPTIONS
We have reviewed the City’s sample contract agreement; we respectfully request the following exceptions to the original standard sample agreement. Requested modifications are noted in red italic text and deletions are shown in strikethrough.
Section 5.9 – Indemnification
Request to revise language as follows:
5.9 Consultant shall indemnify, but not defend, and hold City and City’s agents, officers, and employees (“City Personnel”) harmless from and against any and all actions, suits, claims, demands, judgments, attorney’s fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein “claims” or “liabilities”) that may be asserted or claimed by any person or entity, but only to the extent actually caused by arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:
5.9.1. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney’s fees incurred in connection therewith.
5.9.2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities to the extent caused by Consultant’s negligence.
5.9.3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney’s fees and expert witness fees. Consultant has no obligation to pay for any of the City Personnel’s defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.
Section 8.11 – Termination Prior to Expiration of Term
Request to revise language as follows:
This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City, or Consultant, reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) fourteen (14) days’ written notice to Consultant. Upon receipt of …
APPENDIX D. RESUMES
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PAT SOMERVILLE, PE
PROJECT MANAGER
EDUCATION
BS in Civil Engineering
REGISTRATION
CA C62490
PROFESSIONAL MEMBERSHIPS
Past President and current Chapter Delegate for the Southern California American Public Works Association (APWA) Chapter
Pat brings more than 36 years of experience in civil engineering and management with a focus on municipal transportation and intersection improvement projects. He is adept at public presentations at City Council, Commission or community outreach meetings. His career also includes 12 years working in the public sector, which provides him with a detailed understanding of governmental and agency processes, project finance and needs analysis, as well as the technical and contractual requirements for the design and construction of civil projects.
REPRESENTATIVE PROJECTS
SAVI RANCH PARKWAY WIDENING, YORBA
LINDA
Project manager for the preliminary engineering phase,
delivering 30% documents, for this widening project.
The project provides an additional through lane that
becomes the third westbound left turn lane at Yorba
Linda Boulevard. The project also addresses operational issues such as short weaves and improves pedestrian
safety by eliminate the yield and free right turn
movements at Mirage Street. Staging considerations
included the reconstruction of the Staples & PetsMart
shopping center driveway, construction of a retaining
wall and limiting temporary construction easements
to minimize disruption to the businesses. Successful in assisting the City in obtaining grant funding through
the OCTA 2022 CTFP program for the final design
phase.
YORBA LINDA BOULEVARD WIDENING, YORBA
LINDA
Project manager responsible for preparing the PR/ED to
evaluate geometric alternatives, identify utility impacts, a preliminary WQMP and structures advance planning
study for the widening of the bridge over the Santa Ana River. An Initial Study/Mitigated Negative Declaration
(IS/MND) was prepared and approved in January 2021.
These improvements also promote active transportation
and alternative modes of travel through the corridor,
with a protected bike and pedestrian pathway that links Savi Ranch to the regional trails.
FAIRWAY/WALNUT AVENUE INTERSECTION
IMPROVEMENTS, INDUSTRY
Project manager for this $2.5 million widening of
Fairway Avenue at the Walnut Avenue and SR-60
on/off ramp intersections, located within the city of
Industry and Caltrans right of way. Walnut will also
be widened to provide additional capacity. Detailed
traffic analysis was provided to determine appropriate
lane configurations. Design included the evaluation
of geometric alternatives, coordination with utility
companies, materials testing, traffic signals and ramp
meters, construction staging, traffic signing and
striping, storm drain modifications, private property
restoration.
UNIVERSITY DRIVE WIDENING (PR/ED + PS&E)
IMPROVEMENTS, IRVINE
Project manager responsible for preparing the PR/ED to
implement improvements along this segment, including
a third through lane from Ridgeline Drive to the
southbound I-405 on-ramp in the eastbound direction,
and maintenance of on an on-street bike lane and
off-street Class 1 pedestrian and bike trail. The project geometrics address the interface of the University/
Ridgeline intersection widening project, evaluation
of standard and non-standard roadway widths, ADA
compliance and accommodating the on-street Class
II bike lane and off-street Class I pedestrian and bike trail. Impacted utilities and drainage improvements
KEY PERSONNEL RESUMES
Our team includes professionals from our firm and our subconsultant partners with extensive experience working on safety mitigation projects for clients throughout California. The following pages contain resumes for key personnel committed to provide services for the City. No staff designated as key in our proposal will be removed or replaced without prior approval from the City.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
were identified and a preliminary WQMP prepared. An
Initial Study/Mitigated Negative Declaration (IS/MND)
was prepared for the project inclusive of the necessary technical memorandums. Pat oversaw the completion of
the PS&E phase of the project, delivering the final bid documents, construction scheduling and cost estimate.
The project was successfully bid under the estimate and construction has commenced.
WASHINGTON STREET WIDENING, LA QUINTA
Deputy project manager responsible for preliminary and
final design services for the widening of Washington
Street over the La Quinta Evacuation Channel.
Washington Street was widened from two lanes to
six lanes, and the bridge construction had to be
coordinated around the monsoon season in the desert
communities. The project included full environmental
services, roadway widening, bridge widening, traffic,
retaining walls, sound walls, landscaping, right-of-way, utility coordination, and design surveys.
CULVER DRIVE WIDENING, SCOTTSDALE TO I-5,
IRVINE
Project manager responsible for preparation of a
project report and environmental documents to
address intersection capacity enhancements for an
additional northbound lane on Culver Drive along with
modifications to the adjacent shopping center entrance
and I-5 southbound on-ramp. The project required a
Permit Engineering Evaluation Report (PEER), the first
to be reviewed and approved through Caltrans District
12. The Initial Study/Mitigated Negative Declaration was prepared, community outreach was conducted and the
project was approved by City Council for advancement
to final design.
JEFFREY ROAD/WALNUT AVENUE
IMPROVEMENTS, IRVINE
Project manager responsible for preparation of a
project report and environmental documents to
address intersection capacity enhancements and
identify necessary improvements at the Jeffrey
Road/Walnut Avenue intersection. The goal was to
alleviate anticipated traffic congestion for 2007, 2025, and post-2025 traffic conditions. Implementation
of improvements will increase the intersection’s
performance to an acceptable level of service (LOS),
as well as address operational deficiencies due to the
close proximity of a signalized intersection on Walnut
Avenue, approximately 250-feet west of Jeffrey Road.
GALE AVENUE WIDENING, INDUSTRY
Project manager for this $4.5 million widening of a
4,000-foot segment of Gale Avenue within the city of
Industry and county of Los Angeles. Conceptual and
final design services are being provided for two lanes
in each direction with a continuous two-way left turn
lane. Design included the evaluation of geometric
alternatives, coordination with utility companies,
materials testing, traffic signals, construction staging, traffic signing and striping, storm drain modifications, private property restoration. Extensive coordination was provided for the Ranch 99 shopping center, including a
phased approach to the reconfiguration of the parking
lot.
BREA INTERSECTION IMPROVEMENTS, BREA
Project manager for this project that widened two
major arterial highway intersections at State College
Boulevard/Lambert Road and Brea Boulevard/Central
Avenue. Work included preliminary and final design
PS&E to provide additional left and right turn lanes,
masonry retaining walls with sound walls, storm drain,
geotechnical investigations, landscaping improvements,
and signal modifications. Third party coordination was
provided with utility companies, impacted residents,
and OCTA.
SR-55, I-405 TO I-5 PS&E, ORANGE COUNTY
Project manager responsible for the widening of the
widen SR 55 between I-405 and I-5. As project and
design manager, Pat was responsible for all local
street design, off-site improvements, right-of-way
identification, utility coordination and design, the
widening of MacArthur Boulevard undercrossing,
tie back retaining wall, hydraulic analysis and
structural design of the Lane Channel realignment,
constructability, stage construction and traffic handling for the entire project. Coordination with OCFCD and
SCRRA was also required for project approvals.
VALLEY BOULEVARD MULTIMODAL
IMPROVEMENTS, LOS ANGELES
Project manager responsible for leading the Alternatives Analysis effort to evaluate all modes of travel along
the corridor including LA Union Station, Cesar Chavez
Avenue, Mission Road and Valley Boulevard to the
terminus of the SR-710. Extensive outreach efforts are
planned with close coordination with Council District 14.
Alternatives will include equitable solutions for walking, cycling and transit improvements. Primary improvement
is expected to be the implementation of a bus rapid
transit through the corridor to provide frequent and
reliable service for the community.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
ALAN SU, PE
CIVIL LEAD
EDUCATION
BS in Civil Engineering
REGISTRATION
CA C66042
PROFESSIONAL MEMBERSHIPS
American Society of Civil Engineers (ASCE)
Alan Su has more than two decades of diverse engineering experience in the transportation field. He has delivered multi-use trails and local road improvement projects throughout Orange County and is a long-time Irvine resident.
Alan is known for his client service approach to successful project delivery with both public and private clients. His experience includes preliminary engineering planning documents to final design PS&E.
REPRESENTATIVE PROJECTS
BASTANCHURY ROAD IMPROVEMENTS,
YORBA LINDA
Project manager responsible for PS&E for Bastanchury
Road improvements between Eureka Avenue and
Casa Loma Avenue. Services included geometric
alternatives developments that would widen the
existing Bastanchury Road to provide a total of four
lanes (two lanes in each direction) to match the existing condition on the east side of Eureka Avenue and west
side of Casa Loma Avenue, provide five-foot on-street
bike lanes, curb adjacent sidewalk on the northerly
side of the road, and Class 1 multi-purpose trail on the southerly side of the road. This will improve the existing sight distance deficiencies for both the eastbound
and westbound traffic on Bastanchury Road within the
project limits. Additionally, the proposed improvements would also accommodate the proposed future
developments on the north side of Bastanchury Road.
Additional design services included roadway design,
signing, and striping, drainage plans, Water Quality
Management Plan (WQMP), retaining wall plans, ADA
improvements, and erosion control.
IRVINE CENTER DRIVE AND BAKE PARKWAY
IMPROVEMENTS, IRVINE
Project manager responsible for providing engineering
services for the Irvine Company Community
Development (ICCD) to develop engineering plans for
Irvine Center Drive and Bake Parkway improvements.
The project included the addition of a southbound
through lane on Irvine Center Drive between Antivo
and Bake Parkway. Design services included roadway
design, signing and striping, traffic signal modifications, drainage plans, traffic control plans, sewer and waterline improvements, ADA improvements, erosion control,
cost estimates and project specifications.
TECHNOLOGY DRIVE EXTENSION, IRVINE
Project manager responsible for providing engineering
services to develop plans for the Technology Drive
Extension project. The project included extending
Technology Drive from an existing cul-de-sac and tied
into the existing Laguna Canyon Road. In addition to
the roadway extension, a tie-back retaining wall under
the existing I-5 overcrossing bridge was required to
provide enough space to accommodate the required
roadway width. The project also include one new sewer
line, domestic and non-domestic waterlines for Irvine
Ranch Water District (IRWD). The project consisted
of coordination between ICCD, City of Irvine, Caltrans
District 12, Southern California Region Rail Authority
(SCRRA), IRWD, County of Orange, and Southern
California Edison for power pole relocations. Design
services included roadway design, tie-back retaining
wall design, signing and striping, new traffic signal,
drainage plans, traffic control plans, sewer and waterline improvements, ADA improvements, erosion control, and
grading plans.
TUSTIN RANCH ROAD AND IRVINE BOULEVARD
INTERSECTION WIDENING, TUSTIN
Project manager responsible for providing engineering
services to develop engineering plans for the Tustin
Ranch Road and Irvine Boulevard intersection
improvements. The improvements included converting
an existing free-right turn lane for southbound Tustin
Ranch Road into a dedicated right turn lane, adding
an additional through lane for northbound Tustin
Ranch Road, and adding an additional left turn lane
to northbound and southbound Tustin Ranch Road.
Design services included roadway design, drainage
design, relocation of an existing SCE vault, traffic signal modifications, landscape modifications, and signing and striping plans.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
PAUL MARTIN, PE, TE, LCI
CIVIL LEAD
EDUCATION
BS in Civil Engineering
REGISTRATION
CA C65868
CA TR2315
LCI 4936
Paul Martin has more than 23 years of experience as a transportation manager and traffic engineer. He has a strong engineering and planning background that is focused on improving public travel and safety. Paul’s expertise includes active transportation, community engagement, traffic engineering, and strategic funding programs. He is also familiar with the requirements of the Caltrans Sustainable Communities grant program and has managed multiple projects funded through the program.
REPRESENTATIVE PROJECTS
OC LOOPS BIKEWAY STUDY, ORANGE COUNTY
While employed at OCTA, Paul Martin prepared the
Caltrans Sustainable Transportation Planning grant
for the OC Loops Bikeways Study. He is responsible
for the report to include concepts and cost estimates
for bikeways needed to complete unfinished loop
segments and will position local agencies to pursue
funding for project completion. Paul will also lead
community and stakeholder engagement efforts.
This has involved focused discussions with the local
jurisdictions along the routes to understand their
existing plans and needs.
OC LOOP SEGMENT O, P, Q, ORANGE COUNTY
TRANSPORTATION AUTHORITY
Assisted with the preparation of ATP Cycle 4 and Cycle 5 ATP grant applications for construction of the OC Loop
Segment O and Segments O, P, Q of this regional trail
system. The project is a 2.7-mile Class I multi-use path adjacent to Coyote Creek flood channel. The project
includes two bridges over the channel, three roadway/
highway undercrossings, three railroad undercrossings,
and three roadway at-grade crossings.
STANDARD AVENUE BIKEWAY, SANTA ANA
Project manager leading the community engagement
and engineering design for the project to redesign two
miles of Standard Avenue to include buffered bicycle
lanes, cycletrack, and bicycle boulevard. Key challenges that were addressed through the project include onstreet parking preservation, sight distance analysis, constrained right-of-way, protected intersection
design, utility and drainage impacts, transit operations at the intersection, and storm drain and power pole
relocations.
PRED FOR SOUTH YALE CORRIDOR
IMPROVEMENTS (UNIVERSITY DR. TO SOUTH OF
I-405), IRVINE
Project manager providing roadway right of way
improvements for the south segment of Yale Avenue
and is developing solutions to address needs that will
be identified through community engagement such as
improved pedestrian and bicycle facilities, landscaping, and motor vehicle speed management.
TRANSPORTATION MASTER PLAN, TOWN OF
PARADISE
Project manager for the development of the TMP to
guide short- and long-term improvements, and utilize
public input to prioritize solutions to aid in the recovery process. The TMP includes developing a Town-wide
Active Transportation Plan, LRSP, roadway network
and evacuation route analysis, updated roadway
design standards, downtown public realm/aesthetics
guidelines, and economic development assessment.
Responsibilities include project management, leading
bikeway planning, roadway network planning, and
public engagement.
MCKINLEYVILLE MULTIMODAL CONNECTOR,
HUMBOLDT COUNTY
Transportation engineer providing multimodal
transportation planning services to the County
to develop transportation solutions to improve
mobility and connectivity within and connecting the
McKinleyville community area to the City of Arcata. The project focuses upon mobility enhancements for people
walking, cycling, using a mobility assistance device, or accessing transit.
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
RESUME - CITY OF YORBA LINDA
Mark Stiller, PE
ROLE: Structures Lead
EDUCATION
Degree(s): BS, Civil Engineering
School: California Polytechnic State University, Pomona, California, 2007
WORK EXPERIENCE
Summary of Experience
Mark has 16 years of diversified engineering experience in planning, managing, and designing various challenging transportation structures, including seismic analysis and retrofit design in Southern California. During his professional career, he has led crossfunctional teams to execute multi-disciplinary transportation infrastructure projects for Caltrans and local agencies, including METRO. Mark recently served as the team leader who developed the Caltrans 2010, 2015, and 2018 Standard Plans, Standard Details, and updated bridge design manuals.
Mark is recognized by Caltrans Structures HQ as an innovative thinker and always at the forefront of solving most complex and perplexing project challenges, and in the process develops simple yet elegant solutions within the realm of practicality. He brings the following value-added benefits to the City:
• Extensive bridge over waterway experience, including Santa Ana River Bridge at I-15, SR-99 over Kings River, Devlin Road over Fagan Creek, Edinger Avenue Bridge over Bolsa Chica Channel, Edinger Avenue bridge over Santa Ana River, Boulder Avenue over City Creek, Ave 392 over Sand Creek, and many others. • Superior technical skills with thorough knowledge of Caltrans, AASHTO, AISC, AWS, ACI, PCI, CBC, AREMA, BNSF/UPRR, SCRRA codes and guides
• Close working relationship with Caltrans District 12 and HQ, and local stakeholders.
Relevant Experience
RCTC/Caltrans District 8, I-15 Express Lanes Project Design-Build, Riverside County Lead Bridge Engineer/Project Engineer. This ~$250MM project improved approximately 15 miles of I-15 between Cajalco Road and SR-60 by adding two tolled express lanes in each direction. This 2022 ACEC Honor Award Winning project which opened for traffic in April 2021 consisted of 11 bridge widenings, 8 non-standard retaining walls, 6 non-standard sound walls, 61 non-standard overhead sign structures and gantries, 2 bridge mounted sign structures, and 40 high mast light poles. Several innovative design schemes were implemented in the project. One of them was the use of longest and the heaviest wide flanged precast girder ever cast, transported, and erected in California on Santa Ana River Bridge at I-15.
Mark was responsible for providing technical guidance and overseeing plan production of all structure’s packages.
He developed several innovative ideas including the concept to use one of the heaviest precast girders ever cast in the State and its erection strategies from the top of the existing bridges. This project also had freeway widening occurring over an existing MWD trunk mainline. Mark led the team that performed the specialized analysis to demonstrate no impacts to MWD trunk mainline, and thus was able to obtain swift MWD approvals.
LAMTA | Union Station-Patsaouras Plaza Busway Design-Build, Los Angeles Structures Lead. This ~$51M project recently won ENR 2021 Southern California Best Regional Transit/Airport Award. The Los Angeles County Metropolitan Transportation Authority Design-Build project consisted of preparing final design package for a) widening of the existing Caltrans Los Angeles River Busway Bridge and Overhead; b) relocation of the Busway patron boarding island, new vertical and horizontal pedestrian circulation elements
FIRM - NCM
TOTAL YEARS OF
EXPERIENCE - 15
YEARS WITH FIRM – 8
PROFESSIONAL
REGISTRATION &
MEMBERSHIPS –
Civil Engineer, CA
C75935
WTS - Women's
Transportation Seminar
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
BLAKE SELNA
REGULATORY PERMITTING LEAD
1 PROFESSIONAL RESPONSIBILITIES
Mr. Selna has gained extensive experience as a biologist and arborist working for LSA since 2000. His expertise includes biological assessments, regulatory permitting, jurisdictional delineations, and mitigation compliance. Mr. Selna is the Discipline Lead for LSA’s Natural Resources Division. In that capacity, he has provided Principal oversight and management for a vast array of projects.
Combined with his background as a field biologist, he is uniquely qualified to provide supervision, strategic analysis, and project advisories for technical teams created for needs of each client and project.
PROJECT EXPERIENCE
Orange County Public Works, La Pata Avenue Extension Project, Orange County
Mr. Selna was heavily involved with this project beginning in 2008, from the earliest biological assessments and floristic surveys, , all the way to managing the biological/archaeo-/paleontological construction monitoring contract.
The project was an $80+ million, 3-mile road construction project passing primarily through undeveloped lands, including 26 jurisdictional drainages and ihabitats associated with two special-status bird species (the coastal California gnatcatcher [Polioptila californica californica] and least Bell’s vireo [Vireo bellii pusillus]) and one special-status plant species (thread-leaved brodiaea [Brodiaea filifolia]). Mr. Selna guided the project design through best-practices avoidance of biological resources and navigated the resource agency permit process (including 404, 401, 1602, Biological Opinion, Incidental Take Permit) for those impacts that were unavoidable. Mr. Selna and his team designed the State and federal mitigation plans and created the Biological Resources Construction Plan, the Nesting Bird Management and Monitoring Plan, and the Worker Environmental Awareness Program to enable the County of Orange to complete a successful construction project without unexpected environmental impacts or construction delays. The road bisected the Prima Deshecha Landfill property, between the active landfill and the open space and future-phase landfill areas.
Orange County Waste & Recycling, South Region Landfills, Orange County
Since 2009, Mr. Selna has been managing the On-Call Biological Services contract for OC Waste & Recycling’s South Region Landfills, primarily at Prima Deshecha Landfill. Current tasks include preparation of a Jurisdictional Delineation and regulatory-permit application (including 404, 401, 1602, Biological Opinion, Incidental Take Permit) package for more than 570 acres of proposed expansion, on- and off-site mitigation planning and design, and monitoring of installation and maintenance of more than 200 acres of habitat restoration. In addition, LSA has conducted studies of special-status plant species, bats, special-status birds (least Bell’s vireo, coastal California gnatcatchers, and burrowing owl [Athene cunicularia]), benthic macroinvertebrates, and western spadefoot toad (Spea hamondii). LSA also successfully permitted and conducted the translocation of more than 1,800 State endangered/federally threatened thread-leaved brodiaea plants in advance of the proposed construction in the landfill and the La Pata Avenue Extension Project areas. In addition to his specific management role for Prima Deshecha Landfill, Mr. Selna has worked on environmental analysis, permitting, and mitigation projects at OC Waste & Recycling’s active Central and North Region landfills (the Frank R. Bowerman and Olinda Alpha Landfills), as well as closed sites including Santiago, Gothard, and Coyote Canyon Landfills.
EXPERTISE
• Biological Assessments
• Regulatory Permitting
• Jurisdictional Delineations
• Mitigation Planning,
Monitoring, and Reporting
• Construction Monitoring
• Arborist Reports
• Habitat Restoration Plan
Design and Implementation
EDUCATION
B.S., Environmental and
Resource Sciences, University
of California, Davis, March
2000
PROFESSIONAL
CERTIFICATIONS
Certified Arborist No. WE7397A, International Society
of Arboriculture
Certified Wetland Delineator,
Wetland Training Institute
FINAL DESIGN OF THE YORBA LINDA BOULEVARD WIDENING
AND SAVI RANCH PARKWAY WIDENING PROJECTS
City of Yorba Linda
MARK THOMAS
John McCarthy, PE, CFM
Hydraulics and Scour Studies
John brings more than three decades of
experience on hydrology, hydraulics, and
scour for transportation and flood control
projects. He is highly skilled at managing
complex drainage and flood engineering
projects. Over the past 30 years, he has
been involved with numerous flood
control engineering projects along the
Santa Ana River with the U.S. Army
Corps of Engineers (USACE) Los
Angeles District, Orange County Public
Works, and Riverside County Flood Control and Water Conservation District. He has extensive experience working on hydraulic and scour analyses for bridge design projects.
Project Experience
State Route 91 Eastbound Widening Project, Orange County, CA.
Orange County Transportation Authority. Hydraulic Engineer. As part of the WKE team for the SR-91 Eastbound Widening provided river hydraulics and scour analysis to support the design of the bridge widening over the Santa Ana River. Completed a Final Hydraulics Report for the bridge crossing and processed the necessary encroachment permit with OCPW, license agreement with the OCWD, and the 408 permit with the USACE.
Santa Ana River Sediment Transport, Riverside County, CA.
Riverside County Flood Control Water Conservation. Project Manager. Responsible for project management and technical oversight. The project included a detailed sediment transport analysis for the Santa Ana River along the Riverside 1 and 2 Levee systems. These models were then used to develop a prediction the long-term stream adjustments and provide recommendations for the levee improvements.
Santa Ana River Reach 9 – Phase 2B, Orange County, CA. U.S. Army Corps of Engineers. Deputy Project Manager, QA/QC Lead. The project consisted of completing two fast-track task orders for the Santa Ana River Reach 9 - Phase 2B project at the Orange-Riverside County boundary. The overall proposed project improved the embankment protection along SR-91 for the Santa Ana River since upgrades were completed to the Prado Dam immediately upstream of the project site, and the project will realign the river to accommodate the future SR-91 Corridor Improvement Project (CIP). Work included hydraulic and scour analyses for the replacement of the Green River Golf Course bridge over the Santa Ana River.
Orange County Public Work Flood On-Call Contract, Orange County, CA. Orange County Public Works. Program Manager. Under an on-call contract with the County of Orange, provided flood control planning and engineering services for numerous separate projects. The projects included regional hydrology and hydraulic studies, drainage and flood control design, water quality, wildlife corridor/habitat conservation and protection, and plan check services. Projects included: San Diego Creek Watershed Regional Hydrology Update, San Diego Creek Restoration Plans and Operations and Maintenance Manual, Santa Ana River Reach 9 SARI Line Protection, and Santiago Creek sediment transport plan check review.
Years of Experience: 30
Registration
Professional Engineer – Civil,
California #47583 – 1991
Certified Floodplain Manager –
#05-01596 – 2005
Professional Engineer – Civil,
Arizona #51805 – 2010
Education
B.S., Civil Engineering, California
State Polytechnic University, San
Luis Obispo – 1989
Certificate, Light Construction
and Development Management
– 1997
Professional Affiliations
Member:
Association of State Floodplain
Managers (ASFPM)
American Society of Civil
Engineers (ASCE)
Floodplain Management
Association (FMA)