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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.
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.
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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.
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
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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 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,
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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 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.
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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: WILLDAN ENGINEERING
Attention: Tyrone Peters, Director of Engineering
2401 E. Katella Ave.
Suite 300
Anaheim, CA 92806
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.
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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 January 24, 2023 (“Consultant’s Proposal”), and (3) the City’s Request for Proposals, dated December 20, 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:
WILLDAN ENGINEERING
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
By:
Dianna Honeywell, Finance Director
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EXHIBIT A
SCOPE OF SERVICES
City of Yorba Linda
Proposal
January 24, 2023
Bastanchury Road Median Project
Fairmont Boulevard to Village Center Drive
January 24, 2023
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Subject: Proposal for Bastanchury Road Median Project – Fairmont Boulevard to Village Center Drive The City of Yorba Linda is seeking a consulting firm to develop plans, specifications, and cost estimates for the abovereferenced improvement project. One of the City’s highest priorities is providing the best road facilities for the community. Willdan shares the City’s commitment to successfully completing the Bastanchury Road Median Project and designing a modified median to accommodate the proposed median, roadway, bicycle lane, and landscape/irrigation improvements. Willdan’s qualifications demonstrate our ability to deliver superior service.
Two very similar Bastanchury Road projects – Prospect Avenue to Imperial Highway gap closure design and Casa Loma Avenue to Eureka Avenue construction management – afford our team unmatched knowledge of the project site. The successful La Palma Avenue Roadway Improvement, Zone 1 Overlay Annual Pavement Preservation, and Landscape Maintenance Assessment District projects add to our experience with City processes, staff, and stakeholders. Our project team brings recent, highly relevant experience garnered through median improvement projects performed for the Cities of Los Alamitos, Azusa, and Buena Park.
Willdan’s proposed Project Manager Mr. Tyrone Peter, PE is highly experienced in delivering sound engineering design and quality services to ensure the Bastanchury Road Median Project will be delivered within budget and schedule. He serves as the City’s Assessment Engineer for the street lighting and landscape maintenance district and managed the Bastanchury Road Gap Closure. Mr. Peter has selected a team possessing the strength, stability, experience, and technical competence to meet the City's project requirements and goals.
Mr. Peter stands ready to lead his team and bring innovative approaches and fresh expertise to the City’s proposed median improvement project. This approach will culminate into unified roadway, median, bicycle lane, and irrigation/landscape concepts that enhance the community. Two of our senior staff members live in Yorba Linda and commute through the project area – giving our team an in-depth understanding of the City’s requirements and bringing a personal sense of community to the project.
Mr. Tyrone Peter, PE, Director of Engineering, is authorized to act as the principal/management contact representing Willdan Engineering during contract negotiations. Mr. Peter can be reached by mail at Willdan Engineering, 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806, by office phone at (714) 940-6300 extension 1457; by cell phone at (714) 393-1963; or by email at [email protected]. We look forward to the opportunity of continuing our relationship with the City of Yorba Linda and providing the City with cost-effective and technically sound engineering services. If there are any questions regarding our services or submittal, please contact our proposed Project Manager Mr. Peter.
Respectfully submitted,
Willdan Engineering
Tyrone Peter, PE
Director of Engineering
As Willdan explored the project scope and identified and investigated the key challenges, we assembled our project team – matching expertise to project need. The selected individuals will lend their expertise and knowledge to the City of Yorba Linda through innovative solutions and quality results. Willdan acknowledges that key staff will not be replaced without consent of the City.
Willdan is committing four high-performing key
staff to the City's Bastanchury Road Median Project. They will be supported by a top-performing technical team consisting of nine members possessing expertise in utility coordination, survey, civil and traffic design, NPDES, and landscape architecture. Our Design Engineering Group offers 40 full-and part-time staff who can be called upon to assist or provide consultation to our project team. These resources possess relevant experience as project and task managers, design engineers, GIS and technical report analysts, and technical aids. In total, Willdan offers over 1,500 staff members that can provide consultation in other relevant disciplines such as construction management and inspection; geotechnical and right-of-way engineering; constructability review; safety lighting; environmental; and services related to energy and municipal financing.
Willdan's Design Engineering Group staff members have provided and performed similar services directly related to the City's Bastanchury Road Median project throughout California. They possess a broad range of the skills necessary to achieve successful, award-winning public-infrastructure improvement projects for our clients. We are proud our design services have resulted in award recognitions for our clients' projects. These accolades are a direct result of Willdan's corporate culture incorporating service excellence, out-of-the-box approach, and client-first philosophy. A representative list of awards for projects Willdan's team has been involved with is presented below. ▪
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For our project management team, we have selected individuals with extensive expertise and directly relevant experience to ensure services adhere to company-wide best practice policies and standards for quality and integrity of project deliverables and team performance.
Mr. Tyrone Peter, PE Willdan's Director of Engineering will serve as Project Manager of Willdan's team and be responsible for delivery of services under the contract. He will serve as the primary contact for City staff. Mr. Peter can be reached by mail at Willdan Engineering, 2401 East Katella Avenue, Suite 300; by phone at (714) 940-6300 extension 1457; by cell phone at (714) 393-1963; or by email at [email protected]. As Director of Engineering, Mr. Peter is responsible for managing a team of over 40 personnel and is responsible for ensuring staffing resources are available to support Willdan's Project Managers and Task Managers. Mr. Peter is a four-year resident of Yorba Linda.
Mr. Peter's breath of experience entails design of new roadway, complete streets, roadway widenings and realignments, ADA compliance, storm drains, culverts, and pavement rehabilitations – along with all necessary supporting technical services. He supervises and oversees preparation of feasibility studies; project study and project reports; and plans, specifications, and estimates for construction as well as grade certification issuance, construction administration, and construction inspection. Mr. Peter is responsible for supervising over Willdan's engineers and technicians involved in all types of municipal and transportation projects and serves as Project Manager for public agency transportation planning and design projects throughout California.
A brief profile for Mr. Peter is provided below. A comprehensive resume highlighting his qualifications, experience, and accomplishments with relevant projects are provided at the end of this Project Team subsection.
BS, Civil Engineering | Civil Engineer, California No. 81888 | 16 Years' Experience ▪ Strong background serving as Project Manager and Civil Engineering Task Manager for complex mutidiscipline, multi-agency infrastructure improvements ▪ Depth of civil engineering design and project management experience and knowledge ▪ Hands-on expertise managing and designing street widening, pavement rehabilitation, grading and other infrastructure, CIP, and other municipal improvements ▪ Highly knowledgeable in alternative studies and approaches ▪ Principal-in-Charge, Local Street Rehabilitation Zone 8, City of Norwalk ▪ Project Manager, Bastanchury Gap Closure, City of Yorba Linda ▪ Project Manager, Zone 1 Annual Pavement Preservation, City of Yorba Linda ▪ Project Manager, Public Library Demolition, City of Yorba Linda ▪ Project Manager, Los Alamitos Boulevard Median Improvements, City of Los Alamitos ▪ Project Manager, Arrow Highway Parkway, Median, and Street Improvements, City of Azusa ▪ Project Manager, Malvern Avenue Street Improvements, City of Buena Park ▪
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▪ Project Manager, FY2022 Citywide Street Rehabilitation, City of Pico Rivera ▪ Project Manager, Firestone Boulevard Phase 2, City of South Gate ▪ Project Manager/Civil Engineering Task Manager, Franklin Avenue Street Improvements, City of Ridgecrest ▪ Project Manager, Lakewood Boulevard/Del Amo Boulevard Intersection and Median Improvements, City of Lakewood
▪ Project Manager, West Ward Avenue Phase 2 Improvements, City of Ridgecrest ▪ Project Manager, Citywide Pavement Rehabilitation, City of Pico Rivera ▪ Project Manager, Firestone Boulevard Regional Corridor Capacity Enhancement, City of South Gate ▪ Project Manager, Long Valley Road/Valley Circle Boulevard/US 101 On-Ramp, City of Hidden Hills ▪ Project Manager, East Side of Downs Street Gap Closure Median and Street Improvements, City of Ridgecrest ▪ Civil Engineering Task Manager, Annual Pavement Management System Update, City of Paramount ▪ Civil Engineering Task Manager, Annual Pavement Management System Update, City of Lakewood ▪ Civil Engineering Task Manager, FY 2020/21 Resurfacing, City of Rolling Hills Estates ▪ Civil Engineering Task Manager, Palos Verdes Drive/Dapplegray Elementary School Intersection Capacity Improvements, City of Rolling Hills Estates ▪ Civil Engineering Task Manager, Santa Anita Bicycle Lane and Pedestrian Safety, City of El Monte ▪ Civil Engineering Task Manager, Citywide Street Improvements FY 2020/21, City of Lakewood ▪ Civil Engineering Task Manager, Elliott Avenue and Fern Street Class III Bicycle Route, City of El Monte ▪ Civil Engineering Task Manager, Downs Street Widening, City of Ridgecrest ▪ Civil Engineering Task Manager, Centinela Avenue Raised Median and Street Improvements, City of Inglewood ▪ Civil Engineering Task Manager, Glenoaks Boulevard Median and Street Improvements, City of San Fernando Mr. Peter will be supported by Ms. Vanessa Muñoz, PE, TE serving as Principal-in-Charge and Mr. David Hunt, PE serving as Quality Assurance Manager. A synopsis of each of their qualifications is provided below.
Ms. Vanessa Muñoz, PE, TE – Willdan's President/CEO of Willdan Engineering – will serve as Principal-in-Charge.
With over 25 years of experience, Ms. Muñoz will apply her strong managerial capabilities to ensure staffing resources are available to keep the Bastanchury Road Median Improvement project on schedule. As President, Ms.
Muñoz is responsible for overall corporate business functions and supervises over 300 engineers and technicians involved in municipal and transportation projects.
Mr. David Hunt, PE will serve as Quality Assurance Manager. In accordance with Willdan's corporate Quality Assurance Plan Manual, Mr. Hunt will work with Mr. Peter to develop a project-specific quality assurance plan for the Bastanchury Road Median Improvements project. He will assign senior staff – not involved with the project – to implement quality assurance tasks in accordance with the specific steps outlined in the developed plans. Mr.
Hunt's experience serving our Southern California clients as contract staff for positions such as City Engineer for the City of Los Alamitos, interim Public Works Director and interim City Engineer for the City of La Habra, and Deputy Public Works Director and Assistant City Engineer for the City of Pomona – in addition to a 45-year career encompassing serving as Willdan's Corporate Quality Assurance Plan Manager and Project Manager for major improvement projects for the U.S. Army Corps of Engineers. Mr. Hunt offers an extensive and exceptionally strong background in civil infrastructure, pavement rehabilitation, flood control and drainage, water/wastewater, and assessment district engineering.
Messrs. Peter and Hunt are residents of the City of Yorba Linda – living in and commuting through the area of the Bastanchury Road Median Improvement project. As involved community members, they possess a unique understanding of the City's community goals and vision. Depending upon their locations – be it home or the office – Mr.
Peter and Mr. Hunt are both 5 to 20 minutes away from City Hall. They bring both a personal and professional perspective to the City's improvement project.
Mr. Peter will be assisted by a team of highly qualified key staff with combined experience totaling over 87 years.
These key staff have served as project managers and/or
task managers and are ready to apply their expertise to the Bastanchury Road Median Improvement project. Brief profiles for our Task Managers are provided below. Comprehensive resumes highlighting their qualifications, experience, and accomplishments with relevant past or ongoing projects are provided at the end of this Project Team subsection.
BS, Civil Engineering | Civil Engineer, California No. 47979 | 35 Years' Experience ▪ Extensive expertise with municipal and public works capital improvement and maintenance projects ▪ In-depth knowledge in city engineering, project management, and design team supervision ▪ Direct experience as public works director and senior designer within public sector ▪ Managed and designed over 500 small-to-large street improvement projects BS, Landscape Architecture | Landscape Architect, California No. 3551 | Licensed Contractor, California C-27 No. 713613 | 32 Years' Experience ▪ Hands-on expertise with City of Yorba Linda Landscape Maintenance District ▪ Long working relationship with City of Yorba Linda staff ▪ Extensive knowledge of Yorba Linda community goals, processes, and standards ▪ Managed over 100 median improvement/beautification projects BS, Civil Engineering | Civil Engineer, California No. 83887 | Traffic Engineer, California No. 2835 | ENV SP, Institute for Sustainable Infrastructure No. 45376 | 20 Years' Experience ▪ Thorough understanding of design plan development for variety of traffic engineering improvements ▪ In-depth knowledge of bicycle and pedestrian improvement ▪ Long working relationship with City of Yorba Linda staff ▪ Extensive experience managing resources and meeting tight deadlines ▪
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Mr. Peter and his key staff will be supported by a capable team of technical specialists with the necessary background experience and certifications in support of the City of Yorba Linda's improvement project.
Willdan has enhanced our in-house services with Calvada Surveying, Inc. providing design field surveys. Calvada will report to – and work directly with – Mr. David Wooley, PLS who will be responsible for all survey and right-ofway engineering services for the project. Mr. Peter will administer activities related to the subconsultant agreement and work with his Civil Engineering Task Manager Mr. Fredrick Wickman, PE and Mr. Wooley to ensure Calvada provides the same caliber of service Willdan provides. Calvada will be held to Willdan's high standards of performance, scheduling, and budgetary controls. Mr. Peter will work with our Quality Assurance Manager Mr.
Hunt to incorporate Calvada's deliverables into the project-specific quality assurance plan developed for this project.
Calvada Surveying, Inc. headquartered in Southern California is a disabled veteran and minority owned land surveying firm founded in 1989. Since that time, the firm has
achieved steady growth and has become a trusted partner regionwide – providing land surveying services for various industries, including the public works infrastructure, real estate development, telecommunication, and environmental sectors. Calvada serves their clients with professionalism, superb customer service, and state-of-the-art technology. Their team of experts encompasses land surveyors, qualified field and office personnel, in-house support staff, and mapping technicians. Their team members are adept with high-definition surveying technology – an innovative way to provide highly accurate as-built information in 3-D CAD while reducing the need for time-intensive and costly manual as-built measurements.
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Mr. Tyrone Peter possesses experience as a project manager, civil engineering task leader, supervising engineer, senior engineer, design engineer, and designer. He is an accomplished engineer experienced in complex multi-discipline, multi-agency infrastructure improvement projects and provides innovative quality engineering services to ensure project delivery within budget and schedule. Mr. Peter's years of experience managing and designing all types of public works projects provide a solid foundation to understand what is needed to deliver a successful project and make him the perfect fit for overseeing entire projects as well as specific civil engineering tasks.
Zone 1 Annual Pavement Preservation, City of Yorba Linda, California. Project Manager responsible for oversight and overall project management of engineering design services required to assess existing pavement conditions as part of Yorba Linda's Annual Pavement Preservation Program. The project encompassed 68 miles of roadway pavement for arterial, collector, and local streets. The project's goal was to identify preventive maintenance and increase the average life of the streets by five to seven years. Cost-saving strategies were employed to achieve these goals, implement best management practices, and repave the project area.
Bastanchury Gap Closure, City of Yorba Linda, California. Project Manager/Civil Engineering Task Manager responsible for oversight and overall project management of engineering design services required for the 300-linear-foot gap closure between east of Imperial Highway to Prospect Avenue. The project goal was to widen the two remaining street segments to match the ultimate width of the previously improved roadway. The widening accommodated four traffic lanes – two in each direction – along with Class II bike and parking lanes on each side of the roadway and a 10-foot striped center median. The project also entailed water quality management programs and construction of biofiltrations units.
Yorba Linda Public Library Demolition, City of Yorba Linda, California. Project Manager responsible for oversight and overall project management for engineering services required for the demolition. Willdan prepared plans and specifications to demolish the public library. Hazardous materials testing and utility coordination were provided.
Los Alamitos Boulevard Median Improvements, City of Los Alamitos, California. Project Manager responsible for oversight and overall project management of engineering design services required for a .05-mile improvement segment between Cerritos Avenue and Katella Avenue. The project goal was to reduce Los Alamitos Boulevard's scale, provide pedestrian refuge, and reduce pedestrian/automobile conflicts. Improvements involved raised median, pavement delineation, landscape and irrigation improvements, street lighting and traffic signal improvements at intersections with Florista Street and Sausalito Street. Minor traffic signal modifications were designed for the intersections with Katella Avenue and Cerritos Avenue.
Arrow Highway Raised Median Improvements, City of Azusa, California. Project Manager responsible for oversight and overall project management of engineering design services required for the 1.10-mile raised median improvement project to mitigate accidents and provide safer crossings for pedestrians. The improvements entail roadway resurfacing and sidewalk, curb, and gutter reconstruction. Coordination with the County of Los Angeles and neighboring City of Covina was performed during the design process The project was partially funded through Measure M and Highway Safety Improvements Program grants. Caltrans' Local Assistance office provided funding allocation. Willdan provided engineering design, utility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 application assistance, and public outreach.
Malvern Avenue Street Improvements, City of Buena Park, California. Project Manager responsible for oversight and overall project management of engineering design services required for the approximate 1.75-mile street improvement project. The project entailed improvements to two travel lanes along the easterly section and three travel lanes in each direction along the northerly segment. Street and lane configurations involved adequate rightof-way for Class II bicycle lanes. Additional improvements encompassed asphalt, curb ramps, curb and gutter, sidewalks, and catch basins. Street rehabilitation strategies involving cold-mill with ARHM overlay and/or full-depth reconstruction were based upon the geotechnical report. Existing PCC deficiencies along each street segment were discussed and reviewed. Curb, gutter, and cross gutter flowline challenges and non-compliant ADA features were identified along with existing sidewalk, access ramps, and driveway challenges For the Class II bicycle lanes, existing on-street parking, surrounding land use, and traffic circulation were evaluated to determine the most feasible geometric layout for installing the bicycle lanes while maintaining existing on-street parking and roadway capacity.
Lakewood Boulevard/Del Amo Boulevard Intersection and Median Improvements, City of Lakewood, California.
Project Manager responsible for overall project management and oversight of all services required for the intersection improvements. Improvements encompassed widening the west side of Lakewood Boulevard north of Del Amo Boulevard, modifying/removing the median island on Lakewood Boulevard, widening the south side of Del Amo Boulevard, modifying the median island on Del Amo Boulevard, modifying the traffic signal, relocating street lights per street/median is-land modifications, box culvert/channel wall modifications, extending Del Amo Boulevard Class 2 bike lanes east of Lakewood Boulevard, and converting a bike path to a recreational path. Willdan provided assistance by obtaining a County of Los Angeles construction permit and license agreement.
Centinela Avenue Raised Median and Street Improvements, City of Inglewood, California. Civil Engineering Task Manager responsible for engineering services and deliverables required for the SB-1 and HSIP funded improvements. The HSIP segment of the project involved installing raised median islands and protected left-turn phasing and upgrading traffic signals between La Cienega Boulevard and La Brea Avenue. The SB1 funded improvements entailed improvements between La Cienega Boulevard and Florence Avenue and involved reconstructing curb and gutter, resurfacing with asphalt-rubber hot-mix; reconstructing damaged and uplifted concrete sidewalk; installing access curb ramps in compliance with ADA requirements; installing landscaping along the parkway; signing and striping; street lighting; and fiber optic interconnects.
East Side of Downs Street Gap Closure Median and Street Improvements, City of Ridgecrest, California. Project Manager responsible for oversight and overall project management to develop design concepts and PS&E for the roadway widening improvements. The project's goal was to widen the narrow street segment to an ultimate width to match the other previously widened segments at both ends with the east side project being federally funded and the west side project funded locally. The east side widening involved new curb, gutter, and sidewalk improvements. The west side widening design will encompass a new raised median, street lighting conduit, curb ramps, AC dike or curb and gutter, compacted native walkways or side-walks, driveway approaches, cement treatment, ARHM overlay, signing, striping, and RRFB.
Long Valley Road/Valley Circle Boulevard/U.S. 101 On-Ramp Measure R Improvements, City of Hidden Hills, California. Project Manager responsible for overall project management and oversight required to improve traffic congestion and pedestrian access at the Long Valley Road on-ramp intersection. The improvements encompass sidewalks, right turn-out lane, paved public parking lot and staging area for City entry, on-ramp sidewalk, shoulder paving, and other improvements at the heavily congested intersection of Long Valley Road and U.S. 101 on-ramp. Willdan is providing civil, drainage, landscape architectural, and traffic design; environmental compliance documentation; survey; geotechnical engineering and materials testing; grant funding administration; utility coordination; NPDES, SWPPP, and erosion control; right-of-way engineering; and construction support.
Firestone Boulevard Capacity Enhancement, City of South Gate, California. Project Manager responsible for overall project management and oversight required for the corridor improvements from Alameda Street to Hunt Avenue. The improvements involved roadway widening from four to six lanes; pavement rehabilitation; landscape and hardscape medians; median lighting; sidewalk, curb and gutter, and driveway approach reconstruction; ADA-compliant ramps; parkway trees; artistic elements and corridor entrance monument; bus shelter and bus turnouts; and traffic signal modifications. Services provided included civil, traffic, pavement, and drainage engineering; landscape architecture, survey and right-of-way engineering; and utility relocation.
Mr. Fredrick Wickman possesses extensive expertise with municipal and public works capital improvement and maintenance projects. He is an experienced project manager – skilled at building strong relationships with clients, community members, fellow staff, and supervisors. Mr. Wickman is familiar with approval and permitting procedures for federal, state, county, and local jurisdictions. He has experience with funding sources, including assessment districts; enterprise funds; and other federal state, and local programs. Mr. Wickman’s broad experience in city engineering, project management, and design team supervision of design teams, along with his exceptional understanding of procedures and processes for public works and engineering operations in the municipal arena provide a strong project manager capable of maintaining budgets and schedules for our client's capital improvement projects.
Arrow Highway Raised Median Improvements, City of Azusa, California. Civil Engineering Task Manager responsible for all engineering services provided for the 1.10-mile raised median improvement project to mitigate accidents and provide safer crossings for pedestrians. The improvements entail roadway resurfacing and sidewalk, curb, and gutter reconstruction. Coordination with the County of Los Angeles and neighboring City of Covina was performed during the design process The project was partially funded through Measure M and Highway Safety Improvements Program grants. Caltrans' Local Assistance office provided funding allocation. Willdan provided engineering design, utility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 application assistance, and public outreach.
Lakewood Boulevard and Del Amo Boulevard Hot Spot Intersection Improvements, City of Lakewood, California.
Engineering Task Manager responsible for all engineering design services required for the intersection improvements. Improvements encompassed widening the west side of Lakewood Boulevard north of Del Amo Boulevard, modifying/removing the median island on Lakewood Boulevard, widening the south side of Del Amo Boulevard, modifying the median island on Del Amo Boulevard, modifying the traffic signal, relocating street lights per street/median is-land modifications, box culvert/channel wall modifications, extending Del Amo Boulevard Class 2 bike lanes east of Lakewood Boulevard, and converting a bike path to a recreational path. Willdan provided assistance by obtaining a County of Los Angeles construction permit and license agreement for work within the channel.
Cedar Avenue, Lower Azusa Road, City Limits (Zone 2) Street Improvements, City of El Monte, California. Civil Engineering Task Manager responsible for all civil engineering services required for services required for the pavement and related street improvements. The project involves three different resurfacing strategies, curb and gutter reconstruction, tree removal and root pruning, and a Class III bicycle boulevard. Willdan is providing civil and traffic engineering, survey, core and pavement recommendation, utility coordination, and construction engineering support services.
Long Valley Road/Valley Circle Boulevard/ U.S. 101 On-Ramp Measure R Improvements, City of Hidden Hills, California. Quality Assurance Manager responsible for ensuring services and deliverables required improve traffic congestion and pedestrian access at the Long Valley Road on-ramp intersection. The improvements encompass sidewalks, right turn-out lane, paved public parking lot and staging area for City entry, on-ramp sidewalk, shoulder paving, and other improvements at the heavily congested intersection of Long Valley Road and U.S. 101 on-ramp.
Willdan is providing civil, drainage, landscape architectural, and traffic design; environmental compliance documentation; survey; geotechnical engineering and materials testing; grant funding administration; utility coordination; NPDES, SWPPP, and erosion control; right-of-way engineering; and construction support.
Long Beach Boulevard Curb Ramp Improvements, City of Lynwood, California. Quality Assurance Manager responsible for ensuring services and deliverables required for ADA-compliant curb ramp improvements for 21 curb ramps within the Long Beach Boulevard/Interstate 105 freeway interchange. The improvements involved replacing concrete sidewalks, curbs and gutters, and curb ramps; installing traffic signing and striping; and relocating pedestrian push button posts and foundations. Willdan surveyed all curb ramps within Caltrans' right-of-way, designed the ramp improvements; prepared traffic control plans, and processed the encroachment permit.
Neighborhood Street FY 2019/2020 Improvements, City of La Puente, California. Quality Assurance Manager responsible for ensuring services and deliverables for neighborhood street improvements throughout the City met Willdan's high standards of performance and City project expectations. The improvements involved grinding and resurfacing; damaged pavement, curb, gutter, sidewalk, and drive and alley approach removal and reconstruction, deep-lift asphalt concrete construction; bringing curb access ramps to ADA compliance and surface utilities to grade; and signing and striping.
Alpine Pedal Path, City of Big Bear Lake, California. Quality Assurance Manager responsible for ensuring services and deliverables required for the bike path improvements. Providing the separated multi-use trail resulted in safer and more user-inviting travel options. The addition of this path affected the existing Sandalwood Creek. To minimize the impacts to the creek, Willdan designed extended storm drain culverts with head, end, and wing walls added. Additional design elements entailed final alignment grade, drainage, utility relocation coordination, retaining and sound walls, landscape and irrigation, right-of-way acquisition and easement, and legal descriptions and exhibits. The work required coordination with local bus transit and Caltrans District 8.
Lakewood Boulevard Regional Corridor Capacity Enhancement, City of Lakewood. Quality Assurance Manager responsible for ensuring services and deliverables required for the 1½-mile complete street/green street improvements between the north City limit and Del Amo Boulevard to provide for a regional bicycle path in compliance with the Gateway Council of Governments Active Transportation Plan and improve pedestrian access to retail/commercial establishments. The design entailed coordination of pedestrian and bicycle movements into the current County Traffic Signal Synchronization Program, undergrounding utility distribution and transmission, Green Streets storm water quality treatment, and drought-tolerant landscaping. Other improvements involved upgraded traffic signal equipment to improve safety, bicycle parking and lockers, improved transit stops, sidewalk additions within the corridor to meet ADA requirements, street resurfacing, and irrigation. Willdan provided preliminary and final design, NEPA/CEQA documentation and permitting, transit partnering outreach, Corridor Committee meeting participation, and construction funding application preparation.
Dapplegray Elementary School/Palos Verdes Drive North Intersection Improvements, City of Rolling Hills Estates, California. Program Manager responsible for overall project and contract management and oversight of services required for the intersection capacity improvements at Palos Verdes Drive North and the Dapplegray Elementary School entrance. The improvements encompass widening the intersection to add an additional through lane for eastbound and westbound Palos Verdes Drive North. The project goals were to enhance traffic flow along Palos Verdes Drive North, improve the ADA access at the intersection, modify the median island, adjust the equestrian trail, and improve the bus stop location. To accommodate the widening, the current traffic signal equipment was modified and retaining walls were installed.
Citywide Residential Street Overlay Improvements, City of Laguna Niguel, California. Project Manager responsible for overall project management and oversight of all services required for the City’s 2022 residential street overlay program. The project involved additive alternates to include additional streets with separate bid schedules in the specifications can determine which street(s) would be included in the construction contract. Pavement rehabilitation strategies ranged from full-width cold milling and overlay to total reconstruction. Geotechnical testing and recommendations from the pavement report were used to determine final strategies.
Mr. John Hidalgo possesses landscape architecture experience that encompasses a variety of landscape and irrigation projects. He has in-depth expertise in design development, preparation of plans and specifications, plan reviews, and construction observation. Mr. Hidalgo is familiar with various local, state, and federal codes, regulations, procedures, and standards relating to construction, safety, park and facility planning, and other landscape and irrigation amenities. He has successfully completed projects in compliance with these various standards. Mr.
Hidalgo has experience representing project owners during the plan review process. He possesses comprehensive experience in both field observation and construction. Mr. Hidalgo responsibilities include managing park and street beautification design, low-impact developments, plan reviews, and construction observation.
On-Call Plan Review, City of Yorba Linda, California. Lead Landscape Architecture Plan Reviewer responsible for ensuring all plan reviews involving landscape and irrigation are reviewed in accordance with City standards and processes. Willdan provided reviews for citywide land development projects involving rough grading, street, storm drain, water, sewer, irrigation, landscape and planting, hydrology/hydraulic reports, retention basin, water quality management, storm water pollution prevention, and engineers estimates for construction.
Bastanchury Road Widening, City of Yorba Linda, California. Landscape Architect Task Manager responsible for overall management of landscape architectural services required to prepare a landscape inventory of several zones within the City’s Landscape Maintenance Assessment Districts. The goals of the inventory were to lower long-term maintenance costs, improve operational efficiency, and enhance water conservation. The inventory assisted the City with developing a customized landscape maintenance program that achieved the desired goals in addition to enhancing aesthetic appearance and improving day-to-day operations.
Landscape Maintenance District Operations, City of Yorba Linda, California. Project Manager responsible for overall project management and oversight of all services required to assist with the City's Landscape Maintenance District day-to-day operations. Services encompassed field visits and interaction with contractors and local residents, plan review, and construction management services to update landscape medians to drought-adaptive planting material throughout the City. Additionally, the City requested preparation of a construction document to convert medians to drought-adaptive landscapes.
Los Alamitos Boulevard Median Improvements, City of Los Alamitos, California. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for a .05-mile improvement segment between Cerritos Avenue and Katella Avenue. The project goal was to reduce Los Alamitos Boulevard's scale, provide pedestrian refuge, and reduce pedestrian/automobile conflicts. Improvements involved raised median, pavement delineation, landscape and irrigation improvements, street lighting and traffic signal improvements at intersections with Florista Street and Sausalito Street. Minor traffic signal modifications were designed for the intersections with Katella Avenue and Cerritos Avenue.
Arrow Highway Raised Median Improvements, City of Azusa, California. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for the 1.10-mile raised median improvement project to mitigate accidents and provide safer crossings for pedestrians. The improvements entail roadway resurfacing and sidewalk, curb, and gutter reconstruction. Coordination with the County of Los Angeles and neighboring City of Covina was performed during the design process The project was partially funded
through Measure M and Highway Safety Improvements Program grants. Caltrans' Local Assistance office provided funding allocation. Willdan provided engineering design, utility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 application assistance, and public outreach.
Centinela Avenue Median, ADA, and Traffic Signal Improvements, City of Inglewood, California. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for the SB-1 and HSIP funded improvements. The HSIP segment of the project involved installing raised median islands and protected left-turn phasing and upgrading traffic signals between La Cienega Boulevard and La Brea Avenue. The SB1 funded improvements entailed improvements between La Cienega Boulevard and Florence Avenue and involved reconstructing curb and gutter, resurfacing with asphalt-rubber hot-mix; reconstructing damaged and uplifted concrete sidewalk; installing access curb ramps in compliance with ADA requirements; installing landscaping along the parkway; signing and striping; street lighting; and fiber optic interconnects.
Long Valley Road/Valley Circle Boulevard/ U.S. 101 On-Ramp Measure R Improvements, City of Hidden Hills, California. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required to improve traffic congestion and pedestrian access at the Long Valley Road on-ramp intersection.
The improvements encompass sidewalks, right turn-out lane, paved public parking lot and staging area for City entry, on-ramp sidewalk, shoulder paving, and other improvements at the heavily congested intersection of Long Valley Road and U.S. 101 on-ramp. Willdan is providing civil, drainage, landscape architectural, and traffic design; environmental compliance documentation; survey; geotechnical engineering and materials testing; grant funding administration; utility coordination; NPDES, SWPPP, and erosion control; right-of-way engineering; and construction support for this Measure R improvement project.
Firestone Boulevard Regional Corridor Capacity Enhancement, City of South Gate, California. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for the corridor improvements from Alameda Street to Hunt Avenue. The improvements involved roadway widening from four to six lanes; pavement rehabilitation; landscape and hardscape medians; median lighting; sidewalk, curb and gutter, and driveway approach reconstruction; ADA-compliant ramps; parkway trees; artistic elements and corridor entrance monument; bus shelter and bus turnouts; and traffic signal modifications. Services provided included civil, traffic, pavement, and drainage engineering; landscape architecture, survey and right-of-way engineering; and utility relocation.
Paramount Boulevard Urban Renovation and Complete Street Improvements, City of Paramount. California.
Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for street improvements necessary to transform Paramount Boulevard from a four-lane arterial roadway into a scenic, multi-modal complete street corridor lined with shade trees and LED lighting to foster a more walkable and vibrant downtown atmosphere. The improvements involved traffic-calmed vehicle lanes with bulb-outs, two mid-block pedestrian crossings enhanced with rectangular rapid flashing beacons, new traffic signal, LED street and pedestrian lighting, parklet, bus shelters, new sidewalks, monument signs, and drought-tolerant streetscaping.
Lakewood Boulevard Regional Corridor Capacity Enhancement, City of Lakewood. Landscape Architecture Task Manager responsible for providing and overseeing all landscape and irrigation design required for 1½-mile complete street/green street improvements between the north City limit and Del Amo Boulevard to provide for a regional bicycle path in compliance with the Gateway Council of Governments Active Transportation Plan and improve pedestrian access to retail/commercial establishments. The design entailed coordination of pedestrian and bicycle movements into the current County Traffic Signal Synchronization Program, undergrounding utility distribution and transmission, Green Streets storm water quality treatment, and drought-tolerant landscaping. Other improvements involved upgraded traffic signal equipment to improve safety, bicycle parking and lockers, improved transit stops, sidewalk additions within the corridor to meet ADA requirements, street resurfacing, and irrigation.
Willdan provided preliminary and final design, NEPA/CEQA documentation and permitting, transit partnering outreach, Corridor Committee meeting participation, and construction funding application preparation.
Mr. Jeffrey Lau offers extensive expertise with traffic engineering and transportation planning for a variety of improvement projects throughout California. His background encompasses a strong history with multi-discipline and multi-agency traffic and transportation projects along with extensive experience with field investigation, traffic data collection and analysis, traffic impact studies and analyses, traffic and engineering survey implementations and recertifications, traffic designs, and overall project management. As a Deputy Director of Engineering, Mr. Lau is responsible for managing and supervising all traffic engineering services provided for analysis, coordination, and design of traffic improvements such as traffic signals, signing and striping, street lighting, active transportation facilities, and electric vehicle charging stations.
Mr. Lau is experienced in safety analysis methodologies for local roadway safety plans and has been involved with this specific type of planning and reporting since the advent of the systemic safety analysis report – the predecessor to the local roadway safety plan. Mr. Lau's expertise has been enhanced through his participation in preparing – and overseeing preparation of – grant funding applications for HSIP and ATP funding and through his involvement in updating standard plans, drawings, and specifications for public agencies throughout California.
Zone 1 Annual Pavement Preservation, City of Yorba Linda, California. Traffic Engineering Task Manager responsible for all traffic design and studies required to assess existing pavement conditions as part of Yorba Linda's Annual Pavement Preservation Program. The project encompassed 68 miles of roadway pavement for arterial, collector, and local streets. The project's goal was to identify preventive maintenance and increase the average life of the streets by five to seven years. Cost-saving strategies were employed to achieve these goals, implement best management practices, and repave the project area.
Bastanchury Gap Closure, City of Yorba Linda, California. Traffic Engineering Task Manager responsible for all traffic design and studies required for the 300-linear-foot gap closure between east of Imperial Highway to Prospect Avenue. The project goal was to widen the two remaining street segments to match the ultimate width of the previously improved roadway. The widening accommodated four traffic lanes – two in each direction – along with Class II bike and parking lanes on each side of the roadway and a 10-foot striped center median. The project also entailed water quality management programs and construction of biofiltrations units.
Los Alamitos Boulevard Median Improvements, City of Los Alamitos, California. Traffic Engineering Task Manager responsible for all traffic design and studies required for a .05-mile improvement segment between Cerritos Avenue and Katella Avenue. The project goal was to reduce Los Alamitos Boulevard's scale, provide pedestrian refuge, and reduce pedestrian/automobile conflicts. Improvements involved raised median, pavement delineation, landscape and irrigation improvements, street lighting and traffic signal improvements at intersections with Florista Street and Sausalito Street. Minor traffic signal modifications were designed for the intersections with Katella Avenue and Cerritos Avenue.
Arrow Highway Raised Median Improvements, City of Azusa, California. Traffic Engineering Task Manager responsible for all traffic design and studies provided for the 1.10-mile raised median improvement project to mitigate accidents and provide safer crossings for pedestrians. The improvements entail roadway resurfacing and sidewalk, curb, and gutter reconstruction. Coordination with the County of Los Angeles and neighboring City of Covina was performed during the design process The project was partially funded through Measure M and Highway Safety
Improvements Program grants. Caltrans' Local Assistance office provided funding allocation. Willdan provided engineering design, utility coordination and relocation, NEPA approval documentation, right-of-way certification, E76 application assistance, and public outreach.
Malvern Avenue Street Improvements, City of Buena Park, California. Traffic Engineering Task Manager responsible for all traffic design and studies required for the approximate 1.75-mile street improvement project. The project entailed improvements to two travel lanes along the easterly section and three travel lanes in each direction along the northerly segment. Street and lane configurations involved adequate right-of-way for Class II bicycle lanes. Additional improvements encompassed asphalt, curb ramps, curb and gutter, sidewalks, and catch basins.
Street rehabilitation strategies involving cold-mill with ARHM overlay and/or full-depth reconstruction were based upon the geotechnical report. Existing PCC deficiencies along each street segment were discussed and reviewed.
Curb, gutter, and cross gutter flowline challenges and non-compliant ADA features were identified along with existing sidewalk, access ramps, and driveway challenges For the Class II bicycle lanes, existing on-street parking, surrounding land use, and traffic circulation were evaluated to determine the most feasible geometric layout for installing the bicycle lanes while maintaining existing on-street parking and roadway capacity.
Centinela Avenue Median, ADA, and Traffic Signal Improvements, City of Inglewood, California. Traffic Engineering Task Manager responsible for all traffic design and studies required for the SB-1 and HSIP funded improvements. The HSIP segment of the project involved installing raised median islands and protected left-turn phasing and upgrading traffic signals between La Cienega Boulevard and La Brea Avenue. The SB1 funded improvements entailed improvements between La Cienega Boulevard and Florence Avenue and involved reconstructing curb and gutter, resurfacing with asphalt-rubber hot-mix; reconstructing damaged and uplifted concrete sidewalk; installing access curb ramps in compliance with ADA requirements; installing landscaping along the parkway; signing and striping; street lighting; and fiber optic interconnects.
Lakewood Boulevard and Del Amo Boulevard Hot Spot Intersection Improvements, City of Lakewood, California.
Traffic Engineering Task Manager responsible for all traffic design and studies required for the intersection improvements. Improvements encompassed widening the west side of Lakewood Boulevard north of Del Amo Boulevard, modifying/removing the median island on Lakewood Boulevard, widening the south side of Del Amo Boulevard, modifying the median island on Del Amo Boulevard, modifying the traffic signal, relocating street lights per street/median is-land modifications, box culvert/channel wall modifications, extending Del Amo Boulevard Class 2 bike lanes east of Lakewood Boulevard, and converting a bike path to a recreational path. Willdan provided assistance by obtaining a County of Los Angeles construction permit and license agreement for work within channel.
Long Valley Road/Valley Circle Boulevard/ U.S. 101 On-Ramp Measure R Improvements, City of Hidden Hills, California. Traffic Engineering Task Leader responsible for traffic engineering design and studies required to improve traffic congestion and pedestrian access at the Long Valley Road on-ramp intersection. The improvements encompass sidewalks, right turn-out lane, paved public parking lot and staging area for City entry, on-ramp sidewalk, shoulder paving, and other improvements at the heavily congested intersection of Long Valley Road and U.S. 101 on-ramp. Willdan is providing civil, drainage, landscape architectural, and traffic design; environmental compliance documentation; survey; geotechnical engineering and materials testing; grant funding administration; utility coordination; NPDES, SWPPP, and erosion control; right-of-way engineering; and construction support.
Lakewood Boulevard Regional Corridor Capacity Enhancement, City of Lakewood. Traffic Engineering Task Leader responsible for oversight of traffic engineering services provided for the 1½-mile complete street/green street improvements between the north City limit and Del Amo Boulevard to provide for a regional bicycle path in compliance with the Gateway Council of Governments Active Transportation Plan and improve pedestrian access to retail/commercial establishments. The design entailed coordination of pedestrian and bicycle movements into the current County Traffic Signal Synchronization Program, undergrounding utility distribution and transmission, Green Streets storm water quality treatment, and drought-tolerant landscaping. Other improvements involved upgraded traffic signal equipment to improve safety, bicycle parking and lockers, improved transit stops, sidewalk additions within the corridor to meet ADA requirements, street resurfacing, and irrigation. Willdan provided preliminary and final design, NEPA/CEQA documentation and permitting, transit partnering outreach, Corridor Committee meeting participation, and construction funding application preparation.
Our team members possess direct knowledge of all aspects and disciplines required for the City of Yorba Linda's Bastanchury Road Median Improvement project. They have successfully delivered services for roadway engineering, survey, utility coordination, NPDES engineering and administration, pavement treatments and methodologies, landscape architecture, and traffic engineering. Their expertise entails extensive knowledge and proven results in:
▪ Developing more cost-effective approaches to rehabilitating deteriorated pavement with sustainable, economical pavement recommendations specifically addressing the various geographical conditions of individual project sites
▪ Refining design specifications incorporating methods and materials proven to be economical, effective, and beneficial to our client's improvement project budgets ▪ Understanding utility identification and location are crucial to project planning and development – saving clients time and money and keeping projects on track
▪ Providing landscape architecture designs focused on sustainability, water conversation, user needs programming, water management and reclamation, and arboriculture Willdan's core competencies are in direct alignment with the services requested in the City of Yorba Linda's Request for Proposals. Willdan has been providing design engineering support services since our inception. Our proposed team – comprised of three project management, three task management, and nine technical support staff – offer extensive expertise and strong backgrounds in the specific disciplines required to successfully complete the median improvement design. Together, they provide a full spectrum of services in support of the City's Bastanchury Road Median project improvements.
To meet and, on many occasions, exceed the expectations of our clients, Willdan fosters and instills a corporate culture of Client-First among our staff and in our day-to-day work environment.
Looking out for our client's best interests is at the forefront of everything we do. That focus will be applied to the City of Yorba Linda's Bastanchury Road Median project. Our customer-focused philosophy is particularly evident when dealing with complex situations and challenges that are difficult to resolve. Willdan's corporate goal is to provide excellent service and to exceed the City of Yorba Linda's expectations. Our proposed Project Manager Mr. Tyrone Peter, PE and his entire team will work tirelessly to ensure our project goals are met.
Our project experience encompasses the full realm of services that could be involved in the City's planned improvements for Bastanchury Road. Street realignment and the complementary improvements involved are Willdan's core capabilities. Our contract history is extensive with multiple projects being assigned through task orders in conjunction with our over 200 active on-call contracts.
Willdan has highlighted our comparable contract projects in the matrix below. Willdan has provided three select representative project descriptions and references demonstrating our engineering design expertise with similar types of street improvement projects managed by Mr. Tyrone Peter, PE, our proposed Project Manager. These project descriptions are presented in the Relevant Project References subsection of this Section B – References. Additional projects can be provided upon request.
Willdan has a long-term history serving the City of Yorba Linda – having a 24-year history dating back to 1999. During those years, we have provided roadway design, demolition plans, pavement design, construction management and inspection, survey and right-of-way engineering, geotechnical engineering and materials testing, traffic signal design, on-call City Engineer and Traffic Engineer staff augmentation, plan reviews, assessment district engineering and administration, and other various services to assist City staff.
Willdan possesses unmatched knowledge and vital familiarity with landscape design themes and irrigation systems throughout the City. Willdan prepared a landscape inventory for several zones within the City’s Landscape ▪ ▪ ▪ ▪ ▪
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Maintenance Assessment Districts to lower long-term maintenance costs, improve operational efficiency, and enhance water conservation. The inventory enabled the City to develop a customized landscape maintenance program that achieved the desired goals in addition to enhancing aesthetic appearances and improving day-today operations. The assessment district inventories have aided administration of the City's maintenance districts and are instrumental in the District becoming self-sufficient.
In addition, to the above project experience, Willdan:
▪ Has successfully completed two different improvement
projects on Bastanchury Road – Bastanchury Road Gap
Closure and Bastanchury Road Widening
▪ Sponsors City community events such as State of the City ▪ Has two proposed project management team members
for this Bastanchury Road Median Project living near and commuting through the project limits
▪ Assisted City staff from time to time with the residential tract developments within the Bastanchury Road Median
project area.
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The City of Los Alamitos' goals for the Los Alamitos Boulevard Median Improvements project were to reduce the overall
street scale, provide pedestrian refuge, and reduce pedestrian/automobile conflicts. Willdan provided design services for a half-mile of this major arterial roadway between Cerritos Avenue and Katella Avenue. Improvements encompassed medians, slurry seal over existing roadway, pavement delineation, crosswalk enhancements, landscape and irrigation improvements, and street lighting improvements.
Median raising and other median modifications were optimized utilizing traffic analyses and vehicle turning movement modeling. Traffic signals at five intersections – Katella Avenue, Florista Street, Sausalito Street, and Cerritos Avenue were modified. Adequate left-turn pockets were incorporated to provide space for vehicles making left- and U-turns.
Crosswalks at four signalized intersections were removed and replaced with integral colored concrete. A storm drain on Serpentine Drive was modified. Portions of the project limits received a 12-inch full-depth asphalt concrete over 8-inch compacted subgrade. Other amenities and improvements entailed monument signs, street signing and restriping, midblock offset crosswalk, drought-resistant plants, decorative pavers along median edges, and decorative street lighting. Willdan assisted the City with public outreach to garner public input through town hall meetings, open houses, and public hearings.
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Arrow Highway is a heavily traveled arterial roadway with close proximities to shopping centers, schools, and multifamily residential developments. The safety improvements encompassing 1.10 miles of improvements along the corridor was a high priority for City staff. The construction of raised median islands, protected left-turn pockets, ADA curb ramps, pavement resurfacing, and sidewalk repair provides better guidance and reduces the pattern of collisions
throughout the street corridor. The raised medians provide refuge areas for pedestrian crossings, encourage walking, benefit local businesses, and enhance community pride. The project limits extend from the western city limits to South Citrus Avenue and include frontage road medians within the City of Covina.
The scope of work entailed development and design of plans, specifications, and estimates to construct raised medians with left-turn pockets at select locations along Arrow Highway. Included in the design were curb access ramps in compliance with ADA requirements and revised signage and striping required for the new raised medians.
Landscape and irrigation improvements and bioswales were included as part of the Arrow Highway and frontage road median improvements. Although not eligible for HSIP funding, the roadway resurfacing and reconstruction of damaged sidewalks were accomplished utilizing funding from other available sources. Willdan coordinated with the County of Los Angeles, neighboring City of Covina, and Caltrans Local Assistance during the design process. Full services provided encompassed engineering design, utility coordination and relocation, NEPA approval documentation, right-of-way certification, E-76 application assistance, public outreach, and grant funding administration. ▪ ▪ ▪
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The City of Buena Park's street improvement project limits encompassed the entire length of Malvern Avenue from
the eastern city limits to the western city limits. The approximate 1.75-mile street project entails improvements to two travel lanes along the easterly section and three travel lanes in each direction along the northerly segment.
Street and lane configurations involved adequate right-ofway for Class II bicycle lanes.
This project involved improvements to asphalt, curb
ramps, curb and gutter, sidewalks and catch basins. Bike lanes were installed at completion of the improvements.
Proposed street rehabilitation strategies involving cold-mill with ARHM overlay and/or full-depth reconstruction were based upon the geotechnical report prepared prior to the design phase. Existing PCC deficiencies along each street segment were discussed and reviewed. Curb, gutter, and cross gutter flowline challenges and non-compliant ADA features were identified during the field review. Existing sidewalk, access ramps, and driveway challenges were identified and addressed during design utilizing curb return sketch forms created during the field reviews to document existing features that could potentially impact access ramps. Preliminary plans and EOPPC were based upon record information, City’s preferences, City-provided survey and geotechnical report, and our preliminary field review/observations. Recommendations were provided to the City for review and approval prior to the final design phase. Removal and replacement of the slotted cross gutter and spandrels located on the east side of Malvern Avenue at Country Club Drive were included in the design plans. For the Class II bicycle lanes, the project team evaluated the existing on-street parking, surrounding land use, and traffic circulation to determine the most feasible geometric layout for installing the bicycle lanes while maintaining existing on-street parking and roadway capacity.
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The City of Yorba Linda is seeking a consultant to provide design services for the Bastanchury Road Median Project from Fairmont Boulevard to Village Center Drive. The services will include preparation of plans, specifications, and estimates to provide an additional lane of traffic in each direction within the project limits – resulting in two 12-foot travel lanes in each direction with 5-foot bicycle lanes within the existing 64-foot curb-to-curb street width. This requires reducing the existing landscaped median width to 6 feet. The City's Request for Proposal discusses an understanding of the City’s Storm Drain Master Plan improvements. We do not anticipate the impervious area created by the additional pavement width would negatively impact the existing storm drain system. However, our project team members will review the City’s existing Storm Drain Master Plan to verify the existing improvements are adequate to capture the run-off created by the additional impervious area.
The landscaping within the medians will be removed with new landscape improvements included in the project design. Willdan's staff will coordinate the median landscaping with the City’s Landscape Maintenance District and Public Works
Maintenance staff. We will review the existing irrigation system within the medians and prepare a brief report with recommendations for potential re-use of the system where feasible. The new landscape palette and irrigation legend will be submitted to the City for review and approval prior to preliminary design.
Willdan will provide design survey services to obtain existing elevation cross sections at 25-foot intervals. The survey will provide the necessary information to meet the City’s desired cross slope of less than 2 percent from the new median to the pavement adjacent to the existing outer edge of gutter. Design support services during the bidding and construction phases will be provided. Santa Ana Region MS4 requirements for the project will be verified and confirmed that all requirements are met.
Adapting the street configuration to two 12-foot travel lanes in each direction with 5-foot bike lanes would leave room for a 6-foot wide landscaped median. This will not provide adequate width for the turn lanes at the intersections. Realignment of the outer curb and gutter could be added to the project to provide adequate width for the turn lanes but would increase the project's cost. A solution to this project challenge would entail maintaining the 12-foot lanes within the midblock area and transiting to 11-foot lanes adjacent to the turn lanes. It appears the existing travel lanes along the section of Bastanchury Road west of Fairmont Boulevard are 11 feet wide. Maintaining the 11-foot lanes within the project area would allow a 10-foot landscaped median and standard 10-foot left-turn lanes as shown on the exhibit below.
Willdan project team members will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up, project scheduling and tracking, invoicing, and overall administration of the project.
A thorough site reconnaissance with City staff to discuss the project requirements and challenges will be scheduled shortly after the project kick-off meeting. Willdan will then provide exhibits of the potential alignments for City staff review.
The preliminary design will begin after approval of the final alignment and the preliminary landscape and irrigation legend. The 65-percent preliminary design will be submitted along with a preliminary engineer’s opinion of probable construction costs and an outline of the proposed project specifications. We anticipate the City will require three weeks for this initial review. Upon receipt of City staff's comments, Willdan will prepare the 100-percent final design package. After the City’s comments have been addressed and the additional detail is added to the plans, the 100-percent PS&E will be submitted for City review. When the review is completed, any final comments will be addressed, and the final bid documents will be submitted for City approval.
Design support services during the bidding and construction phases will be provided. Services will include providing responses to any design-related questions during the bidding phase and preparing any addenda prior to bid opening. During construction, team members will respond to requests for information, review the contractor’s submittals for compliance with the contract documents, and prepare the final record drawings based upon the contractor's redlined plan set.
The project category and applicability of a WQMP or equivalent utilizing the low-impact development principals for compliance with the Santa Ana Region MS4 will be determined.
Willdan's project management approach to manage and control the project will include:
▪ A project pre-design (kick-off) meeting will be scheduled with City staff. The City can provide a detailed explanation of the project scope and schedule. Major aspects of the project will be discussed, including design criteria; utility coordination; plans, specifications, and estimates preparation; submittal reviews; bid process; and anticipated construction challenges. The goal is for all team members and stakeholders to have a clear understanding of the scope and their responsibilities. ▪ Willdan will maintain communication with City staff during the various submittal stages – geometric layouts, preliminary plans at 65- and 100-percent final design, and final contract documents at completion.
▪ Willdan will prepare and distribute meeting agenda and minutes for all project meetings, including action items.
▪ Willdan will submit monthly progress reports to the City's Project Engineer via email or teleconferencing. ▪ Willdan will develop and monitor a critical path method project schedule using Microsoft Projects software and identify each task, start and end dates, and duration. The schedule will be updated monthly and submitted with the progress report.
▪ Willdan will prepare and provide the City with a quality assurance plan for the project to ensure quality control throughout the project.
Although we do not believe it is necessary at this time, Willdan can provide in-house geotechnical investigation services under separate authorization. The existing pavement appears to be in good condition which indicates the existing structural section is adequate. Utilizing the existing pavement section from the as-built plans should be sufficient for project design.
The following services are excluded from Willdan’s scope of work but can be added under separate authorization:
▪ Right-of-way acquisition services
▪ Geotechnical investigation
▪ Permit fees for field work
▪ Environmental documentation and technical studies
It is assumed the City will provide copies of existing improvement plans within the project limits, the latest storm drain master plan, and a list of existing utility agency contacts.
Willdan's project control system is designed to provide a coordinated effort between all task facets of a project in the framework of the pre-established master schedule, budget controls, and reporting system. Our project control system provides an objective measure of performance – integrating:
In accordance with the City's Request for Proposal, Willdan has provided our compensation/payment schedule in a separate document.
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
714.940.6300 | 800.424.9144 | Fax: 714.940.4920
www.willdan.com
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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 Seven Thousand Two Hundred Seventeen Dollars ($107,217.00) except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.
Cost Proposal
January 24, 2023
City of Yorba Linda
Bastanchury Road Median Project
Fairmont Boulevard to Village Center Drive
January 24, 2023
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Subject: Cost Proposal for Bastanchury Road Median Project – Fairmont Boulevard to Village Center Drive Willdan Engineering is pleased to submit our fee for services outlined and presented in our technical proposal.
We thank the City of Yorba Linda for the opportunity to submit our proposal for this very important project. If there are any questions regarding our submittal, please contact Mr. Peter can be reached by office phone at (714) 940-6300 extension 1457; by cell phone at (714) 393-1963; or by email at [email protected].
Respectfully submitted,
Willdan Engineering
Tyrone Peter, PE
Director of Engineering
CITY OF YORBA LINDA
Bastanchury Rehabilitation Project Plans, Specifications and Estimate
FEE SCHEDULE
Revised
SUMMARY TASK QA/QC Manager Project Manager
Traffic
Enigneering
Lead
Sr. Design
Manager
Assistant
Engineer III
Assistant
Engineer I Sr. Designer I
Landscape
Lead
Landscape
architect
Senior Survey
Analyst
Principal
Geotechnical
Engineer
Utility
Coordinator
Estimated
Hours Expenses Estimated Cost
$205 $205 $205 $205 $181 $148 $133 $167 $185 $135 $168 $200 $125 Task 0 - Project Management
Project Management 10.0 10 $2,050
QA/QC Review 8.0 8 $1,640
Subtotal 8.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 18 $0 $3,690 Task 1 - Site Reconnaissance
Field Reivew 16.0 16 $100 $2,468
Subtotal 0.0 0.0 0.0 0.0 0.0 16.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 16.0 $100 $2,468 Task 2 - Utility Location and Verification
Records Research 6.0 6 $888
Utility Notices 20.0 20 $50 $2,550
Subtotal 0.0 0.0 0.0 0.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 20.0 26 $50 $3,438 Task 3 - Topographical Survey/Right-of-Way Engineering
Review Design Survey 2.0 10.0 12 $23,288 $25,378
Subtotal 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 0.0 0.0 12 $23,288 $25,378 Task 3a - Geotechnical Engineer
Review Pvmt Recommendation 1.0 2.0 3 $605
Subtotal 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 3 $0 $605 Task 4 - Engineering Design and Plans speifications
and Estimates (PS&E)
Preliminary P&E - 65% Stage 16.0 8.0 8.0 8.0 36.0 32.0 32.0 4.0 48.0 192 $30,156 Preliminary PS&E - 95% Stage 8.0 4.0 2.0 4.0 20.0 16.0 12.0 2.0 24.0 92 $14,296 WQMP Report 2.0 2.0 40.0 44 $6,740
Final PS&E - 100% Stage 6.0 2.0 2.0 2.0 12.0 16.0 8.0 2.0 16.0 66 $10,182 Subtotal 0.0 32.0 16.0 12.0 14.0 108.0 64.0 52.0 8.0 88.0 0.0 0.0 0.0 394.0 0.0 $61,374 Desgin Subtotal 8.0 45.0 16.0 12.0 14.0 130.0 64.0 52.0 8.0 88.0 10.0 2.0 20.0 469.0 $23,438 $96,953 Task 5 - Design Support-Bid and Construction
Bidding Addendums and RFI's 2.0 4.0 6.0 12 $2,118
Pre-construction Meeting 2.0 2.0 1.0 5 $968
Construction RFI's and Material Submittal Reviews 4.0 4.0 4.0 24.0 36 $6,012 Record Drawings 0.5 8.0 8.5 $1,167
0.0 8.5 8.0 6.0 0.0 31.0 8.0 0.0 0.0 0.0 0.0 0.0 0.0 61.5 0.0 $10,265 TOTAL 8.0 53.5 24.0 18.0 14.0 161.0 72.0 52.0 8.0 88.0 10.0 2.0 20.0 530.5 $23,438 $107,217 Civil
Engineering
Lead
Friday March 10, 2023
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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.
ID Task
Mode
Task Name Duration Start Finish
1 Kick Off Meeting 1 day Tue 4/18/23 Tue 4/18/23
2 Task 0 - Project Management (Design & Constructtion
Support)
174 days Wed 4/19/23 Mon
12/18/23
3 Project Management 174 days Wed 4/19/23 Mon 12/18/23
4 QA/QC Review 174 days Wed 4/19/23 Mon 12/18/23
5 Task 1 - Site Reconnaissance 5 days Fri 4/21/23 Thu 4/27/23 6 Field Reivew 5 days Fri 4/21/23 Thu 4/27/23
7 Task 2 - Utility Location and Verification 76 days Fri 4/28/23 Fri 8/11/23 8 Records Research 10 days Fri 4/28/23 Thu 5/11/23
9 First Utility Notices 0 days Thu 5/11/23 Thu 5/11/23
10 Second Utility Notices 0 days Fri 6/23/23 Fri 6/23/23 11 Third Utility Notices 0 days Fri 8/11/23 Fri 8/11/23 12 Task 3 - Topographical Survey/Right-of-Way
Engineering
15 days Fri 4/28/23 Thu 5/18/23
13 Design Survey 10 days Fri 4/28/23 Thu 5/11/23
14 Base Plan 5 days Fri 5/12/23 Thu 5/18/23
15 Task 4 - Engineering Design and Plans speifications
and Estimates (PS&E)
61 days Fri 5/19/23 Fri 8/11/23
16 Preliminary Plans (Geometric Layout) 10 days Fri 5/19/23 Thu 6/1/23 17 Milestone Meeting - Geometric Layout 1 day Fri 6/2/23 Fri 6/2/23 18 65% Plans and Estimate 15 days Mon 6/5/23 Fri 6/23/23 19 City Review (65%) 10 days Mon 6/26/23 Fri 7/7/23
20 Milestone meeting 65% 0 days Fri 7/7/23 Fri 7/7/23
21 Water Quality Management Plan 10 days Mon 7/10/23 Fri 7/21/23 22 100% Plans, Specification and Estimate 15 days Mon 7/10/23 Fri 7/28/23 23 City Review (100% PS&E) 5 days Mon 7/31/23 Fri 8/4/23 24 Milestone meeting 100% 0 days Fri 8/4/23 Fri 8/4/23
25 Final Plans, Specifications and Estiamte 5 days Mon 8/7/23 Fri 8/11/23 26 Task 5 - Engineering during Construction 81 days Mon 8/28/23 Mon 12/18/23 27 Bidding Addendums and RFI's 20 days Mon 8/28/23 Fri 9/22/23 28 Pre-construction Meeting 1 day Mon 10/23/23Mon 10/23/23 29 Construction RFI's and Material Submittal Reviews 40 days Tue 10/24/23 Mon 12/18/23 4/18
5/11
6/23
8/11
7/7
8/4
M E B M E B M E B M E B M E B M E B M E B M E B M E B M E March April May June July August September October November December January Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of Yorba Linda
Bastanchury Road Median Improvement Project
Firmont Boulevard to Village Center Drive
Project: YL-Proect Schedule - tp
Date: Fri 3/10/23
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EXHIBIT D
SPECIAL PROVISIONS
PUBLIC WORKS DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., PUBLIC WORKS DIRECTOR/ CITY ENGINEER PREPARED BY: FREDY CASTILLO, ASSISTANT ENGINEER
SUBJECT: APPROVE PROFESSIONAL SERVICE CONTRACTS WITH
FOUNTAINHEAD CONSULTING AND NINYO & MOORE FOR
CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR FISCAL
YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION
PROJECT (SI231003)
RECOMMENDATION
It is recommended that the City Council:
1. Approve a Professional Service Agreement with Fountainhead Consulting Corporation in the amount of $283,160 to provide Construction Management and Inspection services for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP); and
2. Authorize the City Manager to approve additional expenditures up to $28,316 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and
3. Approve a Professional Service Agreement with Ninyo & Moore Geotechnical & Environmental Services Consultants in the amount of $79,710 to provide Materials Testing services for the Fiscal Year 2022-23 Annual Pavement Preservation Project; and
4. Authorize the City Manager to approve additional expenditures up to $7,971 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and
5. Authorize the City Manager to sign and execute the above-listed contracts, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.
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 C O N T R A C T S W I T H
F O U N T A I N H E A D C O N S U L T I N G A N D N I N Y O & M O O R E F O R
C O N S T R U C T I O N E N G I N E E R I N G S U P P O R T S E R V I C E S F O R F I S C A L Y E A R 2 0 2 2 - 2 3 ( Z O N E S 5 / 6 B ) A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( S I 2 3 1 0 0 3 )
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BACKGROUND
At the March 21, 2023 City Council Meeting, an award of contract was made for the City’s Annual Pavement Preservation Project (Zone 5/6B) (“APPP”). In order to facilitate the construction of this project, construction engineering support services are needed.
Staff relies on consultant services to provide construction management, inspection and material testing for the APPP. The selection of the consultants is based upon factors such as experience, professional qualifications, and competence as outlined in the Yorba Linda Municipal Code. The Public Works Department maintains an on-call list of firms that is updated through a competitive review and selection process meeting these factors.
DISCUSSION
City staff requested proposals from engineering consultants on the City’s on-call list for Construction Management & Inspection services. Six (6) proposals were received and evaluated by Public Works Staff based on demonstrated experience, technical expertise, availability of resources, and ability to facilitate public relations. It was determined that Fountainhead Consulting Corporation (Fountainhead) would best meet the needs of the City because of their extensive experience providing local agencies with construction management and inspection on similar type public works projects. Fountainhead is well versed in applying engineering standards, managing contractor progress, and facilitating public outreach when necessary. Staff is recommending the approval of a Professional Service Agreement with Fountainhead in the amount of $283,160 to provide Construction Management and Inspection services.
Proposals were also requested from geotechnical consultants on the same list for material testing services. Three (3) proposals were received and evaluated by Public Works Staff and based on experience and availability of resources, it was determined that Ninyo & Moore Geotechnical & Environmental Services Consultants (Ninyo & Moore) would best meet the needs of the City. Ninyo & Moore has extensive experience providing local agencies with materials testing services. Ninyo & Moore has performed similar scopes of service on other Yorba Linda projects and their firm is well versed in applying materials testing standards and technical service procedures. Staff is recommending the approval of a Professional Service Agreement with Ninyo & Moore in the amount of $79,710 to provide Materials Testing services.
FISCAL IMPACT
The estimated project expenditures, including a 10% project construction engineering contingency, is estimated below:
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 C O N T R A C T S W I T H
F O U N T A I N H E A D C O N S U L T I N G A N D N I N Y O & M O O R E F O R
C O N S T R U C T I O N E N G I N E E R I N G S U P P O R T S E R V I C E S F O R F I S C A L Y E A R 2 0 2 2 - 2 3 ( Z O N E S 5 / 6 B ) A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( S I 2 3 1 0 0 3 )
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Proposed Agreements & Associated Costs
Item Estimated Expenditures
CM & Inspection Contract (Fountainhead) $283,160
Contingency (10% of contract amount) $28,316
SUBTOTAL $311,476
Materials Testing Contract (Ninyo & Moore) $79,710
Contingency (10% of contract amount) $7,971
SUBTOTAL $87,681
Per Municipal Code Section 3.04.130(K), City Departments can authorize up to $75,000 per year in task orders for each firm under contract for on-call engineering services. When the amount exceeds $75,000, City Council approval of the task order amount for the fiscal year is required. The subject requests are for approval of professional service contracts with Fountainhead Consulting and Ninyo & Moore in the amounts of $283,160 and $79,710 respectively.
Sufficient funding required to provide for the contract services are budgeted within the SI231003 project budget and are programmed under the Fiscal Year 2022/2023 CIP budget under account 4010050-461620.
ALTERNATIVES
The City can direct staff to proceed without the Construction Management, Inspection and Materials Testing services. However, this is not recommended because the City does not have the resources to provide these services.
ATTACHMENTS
Attachment 1 - Fountainhead (Professional Services Agreement) Attachment 2 – Ninyo & Moore (Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
FOR
CONSTRUCTION MANAGEMENT SERVICES FOR FY 22-23 ANNUAL
PAVEMENT PRESERVATION PROJECT (ZONE 5 &6 B)
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of April 4, 2023, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and Fountainhead Consulting Corporation, 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 Construction Management Services for FY 22-23 Annual Pavement Preservation Project (Zone 5 and 6B), 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 Hundred Eighty-Three Thousand One Hundred Sixty Dollars ($283,160.00) (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. Ivan Benavidez, Director 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: FOUNTAINHEAD
Attention: Ivan Benavidez, Director
2400 E. Katella
Suite 800
Anaheim, CA 92806
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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 March 3, 2023 (“Consultant’s Proposal”), and (3) the City’s Request for Proposals, dated February 16, 2023 (“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:
ATTEST:
By:
Marcia Brown, City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By:
City Attorney, City of Yorba Linda
CONSULTANT: FOUNTAINHEAD
CONSULTING CORPORATION
By:
Name:
Title:
By:
Name:
Title:
By:
Dianna Honeywell, Finance Director
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EXHIBIT A
SCOPE OF SERVICES
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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 Two Hundred Eighty-Three Thousand One Hundred Sixty Dollars ($283,160.00) except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.
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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 D
SPECIAL PROVISIONS
March 3, 2023
Mr. Fredy Castillo VIA Email: [email protected] Assistant Engineer
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Subject: Construction Management and Inspection Services for FY 22-23 Annual Pavement Preservation Project (Zone 5 &6B) Mr. Castillo,
Fountainhead Consulting Corporation is pleased to submit our proposal to provide construction management and inspection services to the City of Yorba Linda for FY 22-23 Annual Pavement Preservation Project in Zones 5 and 6B.
Technical Understanding
The City of Yorba is proposing an Annual Pavement Preservation project on various roads and sidewalks in Zone 5 and 6B in the City of Yorba Linda, California. The City owns and maintains approximately 215.5 centerline miles of pavement, representing a total replacement cost of approximately $500 million. This includes 14 miles of the principle arterials, 38.7 miles of arterial streets, 11.9 miles of collector streets, and 150.9 miles of local streets. The project aims to protect the vital roadway infrastructure servicing these primarily residential areas and provide ADA compliant curb ramps at over 200 locations in the City. Striping plans will be implemented on main the throughfares of Yorba Linda Road and Esperanza Road.
The project covers the majority of Yorba Linda’s Zone 5, generally located to the Northeast of Yorba Linda Blvd. as well as Zone 6 just to the Southwest of Zone 5. I also includes sections of Black Gold Drive and Lakeview Avenue (located to the western side of the City). SR-90 (Imperial Highway) and SR-91 will not be modified in this project, therefore coordination with Caltrans is not anticipated.
There are very few schools and retail shopping centers anticipated to be impacted by construction. Travis Ranch Middle School and Eastlake Village Center are within the project area and traffic in these areas will be given special consideration.
The work on this project consists of cold milling, micro milling, asphalt concrete overlay, asphalt concrete digouts, slurry seals, construction of over 200 curb ramps (Caltrans standard plan A88A / A88B), construction of curb and gutter, manholes / valve covers adjust to grade, installation of 30 loop detectors, pavement striping / markings. The Contractor will support these activities through equipment mobilization, traffic control, stormwater pollution control and general site safety planning. It is critical the contractor ensures the Safety of the public and the environment while performing these activities.
The project is estimated for 150 working days. Working hours will be limited to 7:30 am to 4:00 pm Monday-Friday with lane closures from 9:00 am to 3:00 pm. To provide uninterrupted traffic flow, a multi phased traffic control plan has been provided. All traffic lanes shall give the appropriate safe clearance from construction equipment and open excavation. All traffic control devices should be maintained in proper working condition 24 hours a day, 7 days a week for the duration of the work.
During the construction, flaggers will be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected.
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Key / Critical Issues that May be Encountered
Fountainhead has identified the following issues that may be encountered during the project:
Element Concerns Remedy
Safety • Public and Worker Safety
• Public School Proximity
• Ensure Contractor has a safety plan in place to always provide safe street and sidewalk access.
• Notifications to increase awareness of hazards are
always in place.
Environmental
• Water Quality
• Biological and Cultural Resources
• Hazardous Materials
• Noise and Odors
• Air Quality
• Review and implement the Environmental Commitment
Record (ECR).
• Incorporate all applicable construction site BMPs and weekly / annual SWPPP documentation.
• Proper communications with the public of potential
noisy or odorous activities.
• Dust control measures when necessary.
ADA Compliance and
Pedestrian traffic
• Construction Access for the Disabled
• Pedestrian Traffic Near Public
Schools
• ADA Compliance of Final
Construction (Curb Ramps)
• Temporary pedestrian access during construction.
• Evaluations of ADA plans compared to existing
structures.
• Verify all ADA requirements: including sidewalk, curb ramps, gutter slope and counter slope, detectable
warning surface, push buttons, and road surface slope
and condition.
Construction
Activities
• Truck and Heavy Equipment Traffic
• Ensuring Activities are Completed in
Working Windows
• Regular review of contractor schedule.
• Ensure Contractor contingency plan is in place.
Work Zones • Staging Area
• Equipment Access
• Areas properly identified and secured.
• Identification of areas unauthorized area for
pedestrians.
Utilities Coordination
• ATT and Other Communications
• Southern California Gas
• Yorba Linda Water District
• Southern California Edison
• Ensure Contractor performs advanced notifications to
appropriate Utilities staff.
• Ensure emergency contacts & calling trees are
established prior to construction.
Roadway striping and
makings
• Accurate Implementation of the
Striping Plan
• Proper Adhesion of Striping and
Markings
• Ensure proper layout through exhaustive cat tracking
prior to striping activities.
• “Measure twice”
• Ensure surfaces are prepped appropriately and
adhesives are appropriate temperature / viscosity.
Vehicle Traffic
• Driveway Access (Business &
Residential)
• Minimize Traffic Congestion
• Traffic Control review and proper implementation.
• Notifications to increase construction awareness of
hazards.
• Always maintain vehicle safe travel lane(s).
Paving operations • Application of Tack Coat for Proper Adhesion
• Application of tack coat spread rate per spec.
• Ensure appropriate ambient temperatures and weather
for asphalt paving.
• Asphalt is applied at appropriate lift per specs
(thickness).
• 95% compaction is achieved per specs and asphalt
rolling is completed within temperature constraints per specifications.
• Request all required materials testing (gradation,
compaction, cores, etc.).
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Fountainhead’s assigned inspector for this project reviewed the assignment from the City’s perspective regarding the lead roadway site inspector responsibilities for contract adherence to the plans and specifications.
Guidelines Fountainhead Action
1 Study Plans and Special Provisions The Fountainhead inspector has reviewed the plans and specifications as well as the 2015 GreenBook.
2 Take Pre-Construction Pictures of the
Project Site
Fountainhead inspector has performed an on-site visit and has begun taking photos. We continue to take pictures when re receive the notice to proceed. 3 Request Survey Stake(s) Inspector reviews request and ensures area requested is ready for survey stakes prior to forwarding the request to the County Surveyor. 4 Perform Measurements in the Field Prior
to Start of the Project
A site visit has been performed; critical measurements are taken to ensure accurate quantities.
6 Attend Pre-Construction Meeting Utilize a standard template that has already demonstrated success in such meetings.
7 Attend Field Coordination Meeting Ready and willing to attend and coordinate with all applicable parties. 8 Coordination with Appropriate Supporting
Parties
Open dialog with City (Roadway Design, Operation and Maintenance.) ensure regular discussions occur.
9 Inspection Proper
a Construction Coordination and Inspection Continuous review and communication with all parties. b Take Pictures and Uploading Utilization of Procore / Google Drive for project photos and sharing with County Lead Inspector.
c Prepare Diaries and Uploading Utilization of Procore / Google Drive for daily reports and diaries. d
Perform Field Measurements Prior to
Preparing the Vouchers
Maintain estimates on a real-time basis to ensure vouchers are timely and accurate.
e Prepare Progress Payment Utilize City required Progress Payment forms or standard industry forms. 10 As-built Drawing Preparations Utilize plan folder and Procore / Google Drive to ensure as-builts are prepared as project progresses.
11 ADA Ramps Record and Reporting Prepare the template for ADA certification by the Contractor for verification that all ADA slopes have been constructed correctly.
12 Pre-Construction Pictures and PostConstruction Pictures Taking & UploadingSite visit has already been performed, uploaded to Procore / Google Drive and will be finalized Post- Construction.
13 Pre-Final Walkthrough
Fountainhead inspector has templates of forms used for punch list that is transmitted to the Contractor to ensure that all the work has been completed and approved by City Operation and Maintenance.
14 Final Walkthrough and "Punchlist" Walk Transmit the punch list to the contractor and update the punch list to make sure all work is complete, and project is closed out correctly. 15 Taking Down & Demobilization Ensure project is prepared for public use, coordination, or removal of all temporary signs.
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Scope of Work to be Provided
Pre-Construction Services
Upon receipt of Notice to Proceed from the City of Yorba Linda, our Team develops a customized quality assurance plan, specific to meet the needs and constraints of the project. This plan ensures adherence to the uniform quality assurance procedures. In the plan, we include procedures and designated responsibilities for Project start-up, Project Organization, Defining Roles and Responsibilities, Risk Register, and establish lines of communications in a Communication Plan. During this stage, we prepare a Project–Specific Safety Plan for the Project Team.
Perform Constructability Review of all contract documents including but not limited to plans, specifications, material information, and regulatory agency permit requirements: Javier Soto, PE, Construction Manager / Resident Engineer and his team develops a comment / response matrix based on thorough review of the Pre-Bid Contract documents and identify all discrepancies, conflicting redundancies, potential risks, and quantity verification. We provide the review comment matrix to the Design team for response. The Fountainhead Team closely examines the plans and specifications to ensure inclusion of current and appropriate provisions for each item of work; this mitigates the need for RFI’s, change orders or potential for disputes or claims during construction.
Our team reviews and assesses the effect that each permit has on the design and construction of the project. Any issues or questions regarding project compliance are identified at this early stage, minimizing the potential for delays later in the project. Our team checks the project documents for Americans with Disabilities Act (ADA) compliance issues, staging and traffic control, conflicts between plan sheets, conflicts between plans, specifications, and estimates, right of way requirements, status of permits, utility conflicts, material availability, final quantities, and perform a final review and updating of all project documents.
Review Resident Engineer Pending file: Our team thoroughly review the Resident Engineer Pending Files obtained from the Design Engineer. We prepared and issued a log from this review and address items listed with the team in due course based on priority. To the level requested by the City, the Fountainhead Team uses this extensive experience to assist in the development of the most complete and efficient construction contract package possible; we conduct a thorough review of the final Bid Package. The goal of this review is to verify utilization and proper specification of efficient construction processes; elimination of conflicts with permits and agreements, and to minimize bidder inquiries.
We develop a preliminary submittals log based on the specifications, include associated review durations, identify items that may have long-lead time for fabrication and may require inspection of the fabrication source. Project includes Federal funds; we establish a list of all items containing iron and steel that need to meet the “Buy-America” requirements.
Project Schedule: We prepare a detailed project schedule that includes all major activities anticipated for the project. The schedule includes utility relocations by utility owners and their relocation windows, submittal review times, notification timelines noted on all permits, agreements, and contract documents. The intent is for the team to develop an
understanding of what is ahead of them from a construction management perspective. The Project Schedule, as created by Fountainhead, is compared to the Contractor’s submitted Project Baseline Schedule at the construction phase. Our team members confer with the Contractor and offer suggestions and improvements to the baseline schedule. We partner with the Contractor to develop a practical schedule to deliver the project on time. In this review, we address long-lead materials to ensure that their procurement and delivery are performed diligently to avoid project schedule impacts.
Pre-Construction Deliverables
• Constructability Reviews
• Bid Review & Award Assistance
• Construction Management Plan
• Pre-Construction Meetings
• RE Construction Schedule
• Project Protocol
• Electronic Filing System
• Environmental Survey Report
• Communications Matrix
• Bid Analysis Report
• Pre-Construction Photographs/ Videos
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Assist the City of Yorba Linda in Evaluation of Bids Received: The Fountainhead team assists the City during the bid process in conducting a pre-bid conference if required and with questions from bidders. The Team also performs complete evaluation of bids received including submitted unit prices with respect to the Engineer’s estimate and recommend award to the lowest responsible and responsive bidder.
Prepare Construction Award Package: We assist the City staff in reviewing the construction bids for Responsiveness and Responsibility by making sure the contractor’s bids are complete and the summation of all bid items are correct. Once a low bidder is determined, Fountainhead staff checks the contractor’s State license, Insurances, Bonding, and prior construction work references. When all checks are cleared, we assist in preparing the Staff report to the City Council for recommendation to award the construction contract to the lowest responsible/responsive bidder.
Process Federal Funding Reimbursement Requests: Prepare necessary report to Caltrans Local Assistance based on invoices received for all aspects of the construction phase to be submitted for full reimbursement.
Prepare Project Instructions and Establish Proposed Contract Administration and Record-Keeping Procedures to be Used During Construction for Review and Approval by the City Project Manager: Fountainhead’s general recordkeeping process follows Caltrans’ for construction with approximately 63 file categories. In coordination with the City, we modify the process as directed to meet internal the City contract administration procedures while maintaining compliance with Caltrans Local Assistance Manual .
Establish Outline of Dispute Resolution with Contractor’s Methodologies, Policies, and Procedures: Alternative dispute resolution helps resolve disputes and potential claims to mitigate damages and maintain project schedules. The alternative dispute resolution processes are partnering, dispute resolution ladders (DRL), dispute resolution advisors (DRA), and dispute resolution boards (DRB).
The Fountainhead has experience using several of the processes on previous construction projects to address potential claims. “Potential Claims and Dispute Resolution,” as described in the Caltrans Standard Specifications helps to determine which alternative dispute resolution process is appropriate for the contract. Alternative dispute resolution processes must be set up and used in accordance with the applicable provisions.
Weekly and/or Monthly Owners Meeting: At Fountainhead we use meetings as a tool to coordinate between consultants and key stakeholders. Monthly, weekly, or as often as deemed necessary focus meetings are conducted to discuss and resolve issues promptly. The goal of all our meetings is to identify and discuss objectives, schedules, contract terms, related risks, and risk action plans. Fountainhead distributes the meeting minutes of all such meetings within 48 hours. Our meeting minutes include identification of the party responsible for action on any particular item.
These meetings are held throughout the project life cycle.
Management Services During Construction
This phase includes construction administration, scheduling, resident engineering, site and source observation / inspection, utility coordination, public notifications, design support coordination, and materials testing coordination just to name a few.
Our construction management services shall be in accordance with the Caltrans Local Assistance Procedures Manual, and the Construction Manual when applicable. During the Construction Management Services Phase, the Fountainhead Team provides:
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Coordination of Contract Execution: Upon NTP to the
Contractor, the Fountainhead Team coordinates with the City to mobilize the field staff that administers the contract. The field staff consists of the Resident Engineer, Construction Inspectors, and Office Engineer. The Fountainhead Team also includes an array of specialty inspectors that can be utilized on an on-call basis as the project requires. As part of this task, the field staff establishes the project file system, conduct ongoing collaboration efforts with the City's Design Consultant, and coordinate activities commensurate with the Contractor’s operations.
Communication: The Fountainhead Team, as an agent of the City, communicates directly with the Contractor and the City. The Fountainhead Team reports to the City regarding the progress of the project and provides information as requested by the City for the local community and other agencies as directed by the City.
This consists of a written report detailing the construction schedule, budgetary status, traffic impacts, etc…. Our staff is responsible for the day-to-day communication with the Contractor and represents the City at the project site. We proactively resolve project issues that impede progress, coordinating with the City's Design Consultant, respond to RFls and review and coordinate approval of submittals, and ensure that the Contractor is complying with the contract documents. If necessary, our staff can represent the City in presentations at public events on behalf of the City.
Project Coordination and Correspondence: Our Construction Manager / Resident Engineer, Javier Soto, PE serves as the dayto-day project focal point for coordination between the City, local agencies, the public, Caltrans, the project Designer, the Contractor, utility companies, and all other stake holders, as necessary. On all project issues, Fountainhead is the point of contact for the Contractor. All correspondences relating to the project are discussed with the City. We maintain close contact and confer with the City and Design Engineer prior to sending any significant or critical correspondence to the Contractor. Any coordination with other applicable parties are conducted, as necessary. Fountainhead conducts weekly meetings with the Contractor and any additional focus meetings as necessary to address the status of the project and resolve project issues. Our staff also evaluates and discusses with the City any Value Engineering Change Proposals (VECP) submitted by the Contractor. Fountainhead prepares and distributes agendas, minutes, and an issue list, as necessary.
Document Control: Two components at the heart of a
successful project are effective communication and
comprehensive project documentation. Although some small and short duration projects may be best served through
manual use of the spreadsheet-based document tracking
systems that have been in use for many years by a large cross-section of the industry, larger projects, with durations exceeding several months benefit from an easy-to-use, and industry standard document control system. Fountainhead recommends the use of electronic document control
software called “Procore” to assist with managing
submittals, RFI’s and correspondence.
Construction Phase Deliverables
• Survey Control Points, Staking & Cut
Sheets
• Daily Reports
• Monthly Pay Quantity Calculations
• Monthly Progress Reports
• Meeting Agendas and Minutes
• Materials / Acceptance Testing
• Certified QA Test Results
• Photographs / Videos
• Utility Coordination
• Contractor Employee EEO interviews
• Contractor DBE Utilization Report
• Punch List
• Quality Assurance
• Safety Requirements
• Daily and Weekly Reports
• CPM Scheduling
• Construction Change Order Review
• Construction Claims Mitigation
• Project Documentation Processing
• Communication / Interface with
Stakeholders
• Environmental Compliance / Mitigation
• Right-of-Way Compliance
• Monthly Progress Estimates & Invoices
• Labor Compliance
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Fountainhead’s document management system allows for networking between the Contractor, designer, construction manager and owner. This Web-based Document Control collaboration tool allows all participants’ immediate access to project documents through a web browser and is easily customized to fit every client and every project. Fountainhead uses Procore to manage (log, track, store, and retrieve) project documents in a timely and organized fashion for decision making purposes during any phase of the project.
Submittals Management: The Fountainhead Team reviews project submittals, such as the Contractor’s baseline schedule, Storm Water Pollution Prevention Plan (SWPPP), falsework plans, shop drawings, materials suppliers, materials sites, etc. Fountainhead also approves or recommends approval, subject to delegation of authority from the City, other documents requiring review and approval. Some submittals are reviewed by multiple entities such as SWPPP. Submittal distribution list developed during pre-construction phase identifies the parties responsible for review and acceptance. All submittals shall be logged in as they are received and are routed to the reviewing party. They are tracked, based on review times, and followed up as they progress through the review and approval process. We continuously maintain and update the submittal log established at the pre-construction phase.
Requests for Information (RFI): Fountainhead receives, logs, processes, tracks, and documents Project Requests for Information (RFI) and responses. The RFI log is continuously maintained and updated. The RFI Log identifies the parties responsible for review and response. Fountainhead Staff prepares responses to RFI’s related to construction issues in a timely manner and in accordance with the requirements of the Contract. All responses prepared by Javier are copied to the City Project Manager for concurrence. Design-related RFIs and other RFIs that are not Construction related are routed to the appropriate parties and the City is copied on all such RFIs. When necessary, Javier coordinates and conducts meetings with the appropriate parties to discuss and resolve any complicated RFIs.
Inspections and Records: Our team reviews the contract documents and monitors the work full time to record the Contractor’s progress for conformance to the contract and reasonable applications and practices. Our inspectors are qualified and familiar with the items of work in which they are involved. In addition to monitoring the work, our inspection team performs audits of the performance and effectiveness of the Contractor on site and source acceptance quality control staff and testers. We include the results of these audits along with identified concerns and corrective actions taken in our monthly report to the City. Our Daily Inspection Reports (DIRs) include information regarding date, day of the week, weather, Contractor work force, contract work being performed, unusual occurrences, visitors, utility information, conversations with stakeholders, accidents, encountered safety issues and resolution, digital photos, SWPPP inspection and inspection and testing audits performed. We immediately make the Contractor aware of any non-conforming work found during daily inspections.
Schedule Management, Progress Meetings, and Reports: Fountainhead staff reviews and approves, subject to the City’s delegation of authority, the Contractor’s CPM schedule. Fountainhead utilizes both Microsoft Project, Claim Digger and Primavera (P6) to review, monitor, and analyze the Contractor’s schedule. The team reviews the Contractor’s planned schedule for conformance with the specifications and for reasonableness of the sequence and duration of the activities. The Contractor’s 3-week look-ahead schedule, which is submitted weekly, is reviewed against the CPM schedule and progress is evaluated. The Contractor is notified in writing of any identified schedule delay or slippage that may have an impact on the overall project completion date. In addition, monthly schedule updates are reviewed for progress of work and any critical activities or logic changes by the Contractor. All updates include a narrative report and any delays and change order time impacts. Reasonable and logical time extensions are negotiated with the Contractor and reviewed with the City prior to inclusion in the CPM schedule. Fountainhead staff prepares and submits to the City monthly progress reports that include status on budget, expenditure, schedule, change orders, key issues, and upcoming work activities.
Schedule Mitigation Strategies: Typically, Fountainhead team members are intimately familiar with the work plan and schedule and do not encounter situations where we have been the root cause of a project delivery delay, however if we are the cause or even if any team member is the cause of a delay, we work diligently to develop a mitigation plan to get the project back on track. As a general rule we identify activities that were originally scheduled to be performed in series and modify the finish-to-finish relationship with a lag so that the activities can be worked on concurrently instead, saving time without costing client any additional fees. Fountainhead strives to perform quick turnaround of submittal reviews and RFI responses.
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Payment Recommendations: At the start of the construction contract, a progress payment cutoff date is established with the Contractor. Fountainhead also reviews and approves Contractor’s cost breakdown and schedule of values for all lump sum items. On or around the established monthly cutoff date, Fountainhead meets with the Contractor to review, discuss, and approve quantities applicable to the progress payment for the month. Discussion is based on measurements and quantities calculated in the field, subject to the City’s audit and delegation of approval. Once all quantities are negotiated, Fountainhead reviews and recommends approval of the Contractor’s invoice with the City. The document is submitted to the City for processing and payment to the Contractor.
Change Orders Coordination, Preparation and Management: Fountainhead receives, processes, tracks, and documents Project requests for Contract Change Orders (CCO) from the Contractor. A CCO log is established at the beginning of the Project and is continuously maintained and updated by our assigned staff. To the delegated level of approval, and under the City’s direction, Fountainhead determines the need, merit, scope, estimated cost, and schedule impacts to the project as a result of potential contract change orders. Fountainhead also negotiates change orders with Contractor as directed by the City. Once merit is established, our staff prepares change orders based on the Contract Documents and in close coordination with the City.
All Contract Change Orders include a transmittal memorandum that identify the issue, provide background information, determine merit, and provide financial and schedule impacts. This transmittal memorandum is generally for the City review only and is not shared with the Contractor. All Contract Change Orders are reviewed with the City. Prior approval by the City is obtained on all Contract Change Orders.
Construction Safety: Fountainhead understands that there is nothing more important than the safety during construction. The Contractor has sole responsibility for compliance with safety requirements on the construction contract, but the Construction Management staff has the responsibility of monitoring compliance with their safety program and advising the Contractor of observed deficiencies. Fountainhead reviews the Contractor’s Injury and Illness Prevention Program and field activities on continual basis. All project team members are required to review, sign, and adhere to the project code of safe practices. Fountainhead conducts safety reviews, night safety inspections, and attend weekly safety tailgate meetings. The Fountainhead team is knowledgeable of the CAL/OSHA Construction Safety Orders and monitors the Contractor's work to assure that the public, the Contractor, and the Inspection staff is working in a safe environment.
Claims: Fountainhead’s construction management team members have successfully managed projects without Contractor claims. Fountainhead ensures excellent communications and working relationships exist during the life of the project among all project stakeholders. Our team focuses on resolving issues at the lowest possible levels. All issues are properly documented in detail and coordinated with the City. Our staff acts in a timely manner, to avoid the need for the Contractor to file claims. If claims become unavoidable, the Fountainhead team can tap into expert resources to eliminate or minimize impacts to the project’s cost or schedule. Claims that are submitted are thoroughly reviewed by our team and responses prepared and coordinated with the City. An itemized claims log is established and status of each “Notice of Potential Claim” received from the Contractor is monitored and tracked as needed.
Labor Compliance: Labor compliance is an important part of the Construction Manager’s effort to protect the wages, health benefits, and employee labor rights on County public works projects. Fountainhead coordinates with the County Labor Compliance staff to verify compliance with Federal and State labor laws by ensuring contractor certified payroll records are submitted and that said payroll records match our field documentation of various project personnel working on the project. We also be performing contractor employee EEO interviews and provide copies to the City’s labor compliance officer for their records.
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Post-Construction Services, Project Close-Out
Field Inspection and Punch List: As a project nears completion Fountainhead staff walks the project and document all items of work that have yet to be completed as required in the contract documents. An itemized punch list of outstanding items is developed and handed over to the Contractor to be addressed. After the Contractor has completed all the items on the punch list, a final walk-through of the project site is conducted. If the City is satisfied that all the items on the punch list have been addressed, then the Contractor is given a letter of acceptance, and final payment is authorized. Fountainhead staff coordinates with all project stakeholders during final inspections to obtain their acceptance of the improvements as required by the City. Our certified biologist documents as-built conditions and perform habitat and revegetation monitoring, complete and submit the final compliance report to CDFW.
As-Builts: The Fountainhead Team maintains a full-size set of the project plans for as-built purposes. These as-built plans are modified to reflect what was constructed and includes any authorized field modifications by the design engineer, as well as any modifications due to approved change orders. All modifications are noted in red and, upon acceptance of the contract, are submitted to the City's Design Consultant for incorporation into the final as-built plans.
Project Close-Out: Upon completion of the work and after all items on the punch list have been addressed, the Fountainhead Team issues a letter of acceptance and formally relieve the Contractor of any further responsibility for the project. The project close-out phase includes:
(1) Resolving any outstanding claims and providing supporting information, (2) Recommending approval of the final payment to the Contractor to the City, (3) Ensuring that all liens on the project by the Contractor or Subcontractors have been released.
(4) Archiving all project records, including final materials certification. (5) Prepare project close out documents for Caltrans approval. (6) Assist the City staff during any audit performed by state or federal agencies. (7) Perform the 1-year warranty inspection one month before it is due and create a comprehensive punch list and follow up with contractor and Caltrans to ensure the punch list items are adequately addressed to the satisfaction of Caltrans and the City.
The Fountainhead Team prepares project close-out reports per City Standards and Caltrans Local Assistance Manual to meet all funding requirements. For the Fountainhead Team, project close-out is an important aspect of the contract and is implemented in a meticulous fashion. At this point our Account Manager ensures that the project is 100% complete from both a construction and construction management perspective. In closing project files, the Fountainhead Team makes sure that all original documents are in the project files, and we encase all records in clearly marked storage boxes per the City policy.
Qualified and Experienced Team
Our proposed staff has been carefully chosen for this project. We understand the technical challenges that this project may face and by reviewing the project plans, visiting the site and being part of many projects in the vicinity we have gained an understanding of the project and prepared a specific approach tailored to the needs of the City of Yorba Linda. Our proposed team has the experience and expertise to address the project needs, challenges, goals and objectives within the scope of services.
Our Construction Manager / Resident Engineer, Javier Soto, PE, QSD/P has over 25 years of construction management, inspection experience, and public relations throughout Southern California for Caltrans District 7 and County of Orange, and various cities including, but not limited to Rialto. Javier has managed public works projects similar to that of the City of Yorba Linda’s County of San Bernardino’s Riverside Avenue – Central Segment Improvement Project, County of Orange Public Works Department, Antonio Parkway Grind and Overlay North and South in Unincorporate Ladera Ranch to name a few.
Post-Construction Deliverables
• As-built Plans
• Project Acceptance
• Final Project Completion Reports
• RE’s Material Certification
• Final Environmental Report
• Complete Set of Files
Mr. Fredy Castillo, Assistant Engineer, City of Yorba Linda Public Works Department FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B)
Kevin Austin, PE, Construction Inspector has 12 years’ experience in transportation construction projects with various public agencies. Kevin’s construction engineering experience includes CPM scheduling analysis methods, practices, and procedures. His projects experience includes but is not limited to County of San Bernardino’s Redwood Avenue and Other Roads, Caltrans District 12’s On-Call Roadway Construction Inspection Services, and Orange County Public Works’ Antonio Parkway Asphalt Overlay Project.
Aycan Kara, Construction Inspector / Office Engineer has over 7 years of experience in transportation engineering and project management. She understands the inner workings of public work and private projects, experience in project management. Aycan’s responsibilities included construction inspection and Quality Control, daily reports and quantities take-offs, review and monitor schedule of work, compliance with plans and specifications and certificates, shop drawings, change orders, submittals and RFI’s, safety compliance, preparing and reviewing as-built plans, and preparing final punch list. . Her experience includes Caltrans District 12’s Laguna Beach Roadway Improvements, Caltrans District 7’s On-Call Construction Roadway Inspection Services, Atabir Construction Co., Ihlamur Kent Homes, Nova City High End Luxury Homes, Retail Stores and Gymnasium Facility projects.
Full resumes of our proposed team is on the following pages.
COST PROPOSAL
Limitations & Conditions:
• Construction duration is estimated at 150 working days with 3 working days for the preconstruction phase and 3 working days for closeout phase.
• Inspectors will be fully equipped with vehicles, computers, tools, and equipment required to perform their tasks. • Overtime and weekend work is not included. Overtime is to be charged at 1.5 the above rate for inspection work only. • Cost proposal is subject to prevailing wage rates and prevailing wage rate changes for inspection.
I am authorized to bind Fountainhead Consulting Corporation to the City of Yorba Linda’s contract. I look forward to further discussing our services in person. Please contact Javid Sharifi, PE, Construction Manager / Resident Engineer at 626.840.5001 or at [email protected] if you have any questions or need any additional information.
Very truly yours,
Ivan Benavidez, PE
Director
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Annual Pavement Preservation Project (Zone 5 & 6B) Page | 11
JAVIER SOTO, PE, QSD/QSP
Construction Manager / Resident Engineer
Javier is a highly skilled public works engineer with over 25 years of experience in public works including over 15 years with design of roadway and bridges and over 10 years in construction as a Resident Engineer. Javier is well versed with both Greenbook and Caltrans Specifications and Standard Plans and has served as the Greenbook Surface Committee Chairman. He especially emphasizes on attention to quality control, project safety and NPDES requirements. His expertise includes AC and PCC paving, traffic control, roadway excavation, flood control, sewers, drainage, soils testing, steel inspection and major public works projects. Javier is responsible for contract administration ensuring that complete, accurate and timely contract records were maintained in accordance with required regulations and guidelines. He prepares reports and monitors construction budgets and schedules, maintains records, prepares and processes change orders and field design changes and attends pre-construction meetings. He is also experienced in monitoring project status, contract expenditures, conducting meetings, communicating with contractors and monitoring permit requirements of all the project agencies with regard to environmental impacts and concerns. In addition, prepared and maintained project documents including labor and equipment records and labor compliance reports.
RELEVANT PROJECT EXPERIENCE
County of Orange Public Works Department, Antonio Parkway Grind and Overlay North and South in Unincorporate Ladera Ranch, Ladera Ranch, CA Resident Engineer. Projects consisted of lowering the utilities (manholes, water valves, etc.) prior to grind, Glasspave 25 install prior to overlay, 2” grind and overlay with ARHM with rock dust blotter application prior to opening traffic to prevent tracking and tire adhesion delamination, and 2 coats of striping. Oversaw the project schedule, progress payments to contractor, Request For Information (RFI) submittals, project close out acceptance. Ensured proper traffic control, appropriate NPDES BMPs installed and maintained, reviewed Quality Assurance materials testing for compliance with project specifications. Worked with internal Public Information Officer to ensure proper notification to the public, local civic committee and local schools for proper notification and avoid any potential upcoming events within the community. Project Cost: $3.3 Million.
County of Orange Public Works Department, Special Projects Division, Orange, CA
Resident Engineer. Implementation of Job Ordering Contract (JOC) construction maintenance projects. JOC entails in negotiating construction task orders, provide quality assurance inspection and collaborate with clients to refine scope of work and file all necessary paperwork at project completion. Manage the pavement maintenance program for the county with annual asphalt overlay and slurry seal projects of over $14 million annually. Construction work performed ranged from Asphalt grind and overlays utilizing Asphalt Concrete (AC) Type III and/or Asphalt Rubber Hot Mix (ARHM) to slurry seals, microsurface, seal coats, cape seals with Asphalt-Rubber Aggregate Membrane (ARAM). Also familiar with the utilization of Tensar Glasspave on asphalt overlays and geogrid on R&R stabilization for improve asphalt pavement longevity. Experience with contract change orders, submittal reviews, constructability review, review/approve monthly progress payments and quantity concurrence with contractor, public relations collaboration with project stakeholders and outside agencies.
EDUCATION
MS, Civil Engineering, University of
California, Irvine
BS, Civil Engineering, University of
California, Irvine
REGISTRATIONS
CA, Civil Engineer, No. 56938
Qualified Stormwater Developer
(QSD), No: 22301
Qualified Stormwater Practitioner
(QSP), No: 20899
Project Management Professional
(PMP) 1862750
10-Hour CalOSHA: General
Industry Safety and Health
Radiation Safety Officer / Nuclear
Gauge Certification
AREAS OF EXPERTISE
Project Management
Construction Management
Resident Engineering
Contract Administration
Traffic Control
Project Controls
Public Agency Coordination
GreenBook Experience
Familiar with Caltrans & LAP
Manuals
Roadway Improvements
LCB & JPCP Concrete
Pavement Experience
HMA & PHMA Paving
Traffic Management / Closures
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Pavement Preservation Project (Zone 5 & 6B)
Page | 12
Javier Soto, PE, PMP, QSD/QSP
County of Orange Public Works Department, Construction Management Division, Orange, CA Manager. The Construction Management division consists of twenty-eight staff members; under my direction are resident engineers, inspectors and administrative staff. The Construction Management division provides construction inspection for road, bridges, flood control channels and various public works facilities with an annual capital improvement project budget cost over $100 million. As the construction manager, my main function is to coordinate with the resident engineers to resolve any outstanding items that could not be reached with the contractor or stake holders. In addition, I review/approve Contract Change Orders for adherence to contract documents. Also, on a monthly basis, review/approve progress payments in accord.
County of Orange, Materials Lab Division, Orange, CA
Materials Engineer. The Materials Lab division (LAB) consisted of a Geotechnical Investigation and Materials units with twenty-eight (28) staff members of engineers, technicians and administrative staff. Under my direction, the LAB provided geotechnical investigations, materials acceptance testing and quality assurance of construction materials for roads, bridges, flood control facilities, contract cities and subdivisions. The Geotechnical unit provides pavement design, prepare materials/geotechnical reports and oversee engineering consultant contracts. The LAB preforms independent assurance testing, audits private laboratories and preforms over 10,000 tests annually. In addition, I actively served as the Chairman for the Surface committee (GREENBOOK Committee) which oversees various task forces (Asphalt task force, Concrete Adhoc, Stabilize Base task force and Clearing & Grubbing task force). The chairman role consisted of attending various monthly meeting to discuss respective changes within the GREENBOOK and reporting monthly updates to the main GREENBOOK committee. During my tenure, the LAB team initiated the AASHTO accreditation process in 2012 and with the team’s hard work and preparation; we received the accreditation in early 2015. This accreditation facilitates the LAB to transition to Super Pave Asphalt which the State of California adopted in 2015. To date only a handful of labs in California have received this accreditation which truly exemplifies the excellence and leading edge maintained by the LAB.
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Pavement Preservation Project (Zone 5 & 6B)
Page | 13
KEVIN AUSTIN, PE
Construction Inspector
Mr. Austin has more than 12 years of experience as an inspector on various construction projects and as a result is cross trained to inspect numerous construction activities. Mr. Austin has significant experience with sidewalk, curb & gutter, ADA ramps, storm drains, manhole construction, traffic signals, street lighting, roadway construction, AC-HMA paving, and LCB/JPCP Pavement, roadway excavation, striping, drainage, underground utilities and grade separations.
Mr. Austin has extensive experience with LCB and JPCP Concrete pavement, Minor Concrete, HMA / RHMA Paving, Traffic Control, MBGR/ MGS, Drainage, Water and Sewer Lines, Landscape, Safety, and SWPPP. Responsibilities includes construction inspection and Quality Control, daily reports and quantities take-offs, review and monitor schedule of work, compliance with plans and specifications and certificates, shop drawings, change orders, submittals and RFI’s, safety compliance, NPDES compliance, preparing and reviewing as-built plans, and preparing final punch list.
Mr. Austin prepares routine daily diaries and checks to see the work is constructed to the lines and grades shown in the plans. He verifies materials incorporated into the work meet the contract requirements and checks quantities, size and dimensions upon arrival. He has extensive knowledge of the Caltrans Standard Plans and Specifications, Caltrans Construction Manual, OSHA Safety Manual, Traffic Control Manual, WATCH Manual, and Green Book. Mr. Austin has extensive experience with Office Engineering, office procedures; and project documentation. Mr. Austin has excellent work ethics, communication skills, and the ability to multitask.
RELEVANT PROJECT EXPERIENCE
City of Rialto, Riverside Avenue Central Reconstruction, Rialto, CA Construction Inspector / Office Engineer Responsible for roadway project per plans, specification, and special provisions in terms of managing, scheduling, and budgeting. Performed site inspection duties, performing safety checks of the field personnel and construction tools and equipment. Submitted RFIs, Submittal, Change Orders, Inspection & Survey Requests. In addition, prepared daily construction visits to record daily/monthly construction reports & photos, executing purchase orders, tracking deliveries and logs, conducting safety meetings, submitting payrolls to accounting of field personnel. Project Cost: Various.
County of San Bernardino, Redwood Avenue and Other Roads, Fontana, CA Construction Inspector. The project includes work to be performed on Redwood Avenue, Live Oak Avenue, Elm Avenue and 4 smaller nearby streets. The project included construction spans approximately 4.7 miles of Mill and Overlay with
1.64 miles of leveling course needed only on Redwood Ave. Additionally, damaged sidewalks will be repaired as noted in previous discovery efforts. Responsible for grade checking, inspection of HMA pavement, removal and resurfacing, construction of concrete pavement, sidewalk, curb, curb & gutter, curb ramp, V-gutter, drainage and sewer system, grouted rock strip, landscaping, retaining wall, striping and verification of SWPPP implementation, traffic control, and safety. Project Cost: $4.5 Million.
City of Rialto, Building 300 Inspection & Support Services, Rialto, CA Construction Inspector responsible for inspection of The Community Center Rehab located at 214 North Palm Avenue in Rialto involved the rehabilitation of Building 300’s Day Care Center. The work included renovation, ceiling, flooring, lighting, and windows replacement. It was determined that asbestos containing materials (ACM) existed within the facility. Appropriate measures were required to remediate and dispose of the ACM, per Cal-OSHA and local NESHAPs (South Coast AQMD) regulations as well as other applicable local regulations. Project Cost: Various.
EDUCATION
BS, Civil Engineering, California
State Polytechnic University,
Pomona
LICENSE
CA, Profession Civil Engineer,
No. C83422
Qualified Stormwater Developer
(QSD), No: 83422
10-Hour CalOSHA: General
Construction Safety and Health
RELEVANCE
• 12 Years of Civil Engineering
Experience
• Construction Inspection
• GreenBook Experience
• Familiar with Caltrans & LAP
Manuals
• Roadway Improvements
• LCB & JPCP Concrete
Pavement Experience
• HMA & PHMA Paving
• Traffic Management / Closures
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Pavement Preservation Project (Zone 5 & 6B)
Page | 14
Kevin Austin, PE
City of Rialto, Merrill Avenue Improvements, Rialto, CA Construction Inspector Responsible for roadway and sidewalk project per plans, specification, and special provisions in terms of managing, scheduling, and budgeting. Performed site inspection duties, performing safety checks of the field personnel and construction tools and equipment. Submitted RFIs, Submittal, Change Orders, Inspection & Survey Requests. In addition, prepared daily construction visits to record daily/monthly construction reports & photos, executing purchase orders, tracking deliveries and logs, conducting safety meetings, submitting payrolls to accounting of field personnel. Project Cost: Various.
Caltrans District 12, On-Call Roadway Construction Inspection Services, Orange County, CA Lead Roadway Inspector. Performs roadway construction inspection, quantity calculations, checking grade and alignment, traffic control review, lane closures, and assuring compliance with project plans and specifications. Duties includes identifying actual and potential problems associated with the construction project work and recommending sound engineering solutions in a timely manner; maintains awareness of safety and health requirements and assuring compliance with applicable regulations and construction contract provisions for the protection of the public and construction project personnel. Project Cost: Various.
Orange County Public Works, On-Call Roadway Construction Inspection Services, Orange County, CA Public Works Inspector. Responsible for various construction projects including cold milling and asphalt overlay (Rubber Hot Mix Asphalt (RHMA) and pedestrian/bicycle bridge. Coordinated material testing in accordance with project specifications and monitored asphalt temperatures during the paving operations. Daily monitoring of the Erosion Sediment and Chemical Control Plan (ESCCP) BMP’s including effective dust control. Also coordinated with utilities and contractor to preform utilities adjustments in a timely manner, and reestablishing traffic striping in accordance with project plans and Caltrans standards. Monitor daily traffic control to ensure safe vehicle and pedestrian passage thorough construction area. Documented daily construction activities, performed quantity calculations, and establish mutual agreement with Contractor daily for monthly progress payments. Project Cost: Varies.
TowerJazz Semiconductor, Newport Beach, CA
EHS Manager / Senior Environmental Engineer. Direct oversight for 2 Safety staff and 2 onsite support vendors, indirect oversight for 40 person ERT. Plan, secure and implement facility EHS program including procedures, budget and document control. Evaluate and mitigate hazards to reduce recordable incident rate and lost-time accidents. Notable achievement: Reduced LTA rate by approx. 50% to meet company objectives. Oversight on ISO 14001, OHSAS 18000 and ISO 9001 (Quality Management Systems). Primary facility contact facility audits and inspections including local Public Works departments. Coordination of permitting and reporting deficiencies and closure of related violations. QC/QA oversight on various construction activities: ensuring compliance with relevant standards.
California Steel Industries, Inc., Fontana, CA
Environmental Engineer. Oversee the implementation of the facility environmental plans including SCAQMD Permits and SWPPP. Review contractor proposals and select appropriate vendor to perform work. Review construction proposals for projects driven by Environmental related needs. Inspect construction projects for safety and environmental hazards. Provide Civil engineering support for projects overseen by Environmental department.
Including QC/QA inspections for various construction activities (pavement, underground infrastructure, etc). Improve and maintain Environmental compliance and auditing calendar for facility. Assist senior Engineers as needed in areas of Air Quality, Stormwater and Domestic water compliance.
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Pavement Preservation Project (Zone 5 & 6B)
Page | 15
AYCAN KARA, EIT
Inspector / Office Engineer
Ms. Kara has over 7 years of experience in transportation engineering and project management. She understands the inner workings of public work and private projects, experience in project management. She is knowledgeable of mechanically stabilized earth (MSE) walls, various types of retaining walls, soil nail walls, tie back walls, roadway rehabilitation, new roadway construction, drainage and sewer systems. Her responsibilities also includes coordinating with discipline leads to schedule resources to ensure project schedule and budget are both met; driving the safety and quality culture of the project; scheduling work assignments; and coordinating design changes that are needed to allow stage construction that is needed for critical traffic switches. Aycan’s responsibilities included construction inspection and Quality Control, daily reports and quantities take-offs, review and monitor schedule of work, compliance with plans and specifications and certificates, shop drawings, change orders, submittals and RFI’s, safety compliance, preparing and reviewing as-built plans, and preparing final punch list. She performs calculations (stress and deflection) of temporary structures in construction of bridges (falsework, temporary shoring, working platforms, temporary supports).
She is also knowledgeable and experience in design and construction of temporary and permanent structures. Aycan reviews and analyzes critical path method (CPM) schedules, monitors safety and quality assurance programs. She is knowledgeable of Cost Estimates for materials, equipment, and labor, and proficient in reading blueprints. Experienced in AutoCAD, Civil 3D, Primavera P6, MS Project, Bluebeam Revu, Procore, MS Office Suite: Word, Excel, PowerPoint.
RELEVANT PROJECT EXPERIENCE
City of Rialto, Building 300 Inspection & Support Services, Rialto, CA Construction Inspector responsible for inspection of The Community Center Rehab located at 214 North Palm Avenue in Rialto involved the rehabilitation of Building 300’s Day Care Center. The work included renovation, ceiling, flooring, lighting, and windows replacement, movable partitions and water bottle filling station for Building 300. It was determined that asbestos containing materials (ACM) existed within the facility. Appropriate measures were required to remediate and dispose of the ACM, per Cal-OSHA and local NESHAPs (South Coast AQMD) regulations as well as other applicable local regulations. Project Cost: Various.
City of Rialto, Cactus Trail Improvements, City Project No. 170801, Rialto, CA Construction Inspector responsible for inspection of the new bicycle and pedestrian trail along the west side of Cactus Avenue between Rialto Avenue and Base Line Road in accordance with the City’s Circulation Element of the General Plan. The bicycle and pedestrian trail improvements included a new concrete path, signage, and landscaping. Right-ofway is existing for the proposed trail; the right-of-way exists within street dedicated right-of-way and Common Use Agreements with the San Bernardino County Flood Control and Water Conservation District. Project Cost: $1.5 Million.
Caltrans District 7 (07A4906 – EA 07-296503), On-Call Roadway Improvements, Irvine, CA Inspector / Office Engineer. Responsible for roadway project per plans, specification, and special provisions in terms of managing, scheduling, and budgeting. Performed site inspection duties, performing safety checks of the field personnel and construction tools and equipment. Submitted RFIs, Submittal, Change Orders, Coordinate LCS Closures, Inspection & Survey Requests. In addition, prepared daily construction visits to record daily/monthly construction reports & photos, executing purchase orders, tracking deliveries and logs, conducting safety meetings, submitting payrolls to accounting of field personnel. Project Cost: Various.
EDUCATION
MS, Construction Engineering /
Management California State
University, Fullerton
MS, Civil Engineering, Anadolu
University, Eskisehir, Turkey
BS, Civil Engineer, Eskisehir
Osmangazi University, Eskisehir,
Turkey
LICENSE
CA, Engineer in Training,
No. 176428
Cal/OSHA 10-Hour: General
Construction Safety and Health,
No. 1220264342
RELEVANCE
• 7 Years of Engineering
Experience
• Construction Inspection
• Roadway Experience
• JPCP / HMA / RHMA
• Sidewalk Improvements
• Sewer / Drainage Systems
Projects
CITY OF YORBA LINDA
Construction Management and Inspection Services
FY 22-23 Pavement Preservation Project (Zone 5 & 6B)
Page | 16
Aycan Kara
Caltrans District 12 (EA 12-19000036), Laguna Beach Roadway Improvements, Irvine, CA Inspector / Office Engineer. Responsible for implementing $10 million worth of Public Roadway Project per plans, specification, and special provisions in terms of managing, scheduling, and budgeting. Performed site inspection duties, performing safety checks of the field personnel and construction tools and equipment. Submitted RFIs, Submittal, Change Orders, Coordinate LCS Closures, Inspection & Survey Requests. In addition, prepared daily construction visits to record daily/monthly construction reports & photos, executing purchase orders, tracking deliveries and logs, conducting safety meetings, submitting payrolls to accounting of field personnel. Project Cost: $10 Million.
City of Rialto, On-Call Construction Management, Inspection & Support Services, Rialto, CA Construction Inspector. Responsibilities included management of the multiple facets of environmental compliance, including storm water pollution prevention, on several infrastructure projects including the Bud Bender Community Center Rehabilitation and Bud Bender Park Renovations. Responsible for various street paving, drainage, lighting, fencing, and landscaping. Responsible for grade checking, inspection of HMA pavement, removal and resurfacing, construction of concrete pavement, sidewalk, curb, curb & gutter, curb ramp, V-gutter, drainage and sewer system, grouted rock strip, landscaping, retaining wall, striping and verification of SWPPP implementation, traffic control, and safety. Duties required that he inspect various sites on an ongoing basis to produce compliance and corrective action reports, review and revise Storm Water Pollution Prevention Plans (SWPPPs) to correctly reflect site conditions and changes, coordinate correction of deficiencies, review and submit water quality monitoring and documents as required by the California State Water Resources Control Board Construction General Permit. Responsibilities included HMA paving excavation, grade checking, demolition of concrete pavement, curb & gutters, sidewalks, removal of asphalt and concrete pavement. Project Cost: Various
Atabir Construction Co., Ihlamur Kent Homes, Eskisehir, Turkey Project Manager. Accomplished in 2 high-end residential projects an average budget of $20 million on time and under budget. Coordinated subcontractors and executed daily construction site visits in order to ensure quality control, safety, and schedule. Measured driving factors in projects and ensured project impacts, changes, and delays are added into the schedule to evaluate true project impact. Coordinated with project members to identify and quickly address problems during execution. Project Cost: $2 Million.
Atabir Construction Co., Nova City High End Luxury Homes, Retail Stores & Gymnasium Facility, Eskisehir, Turkey Project Manager. Accomplished in 2 high-end residential projects an average budget of $20 million on time and under budget. Coordinated subcontractors and executed daily construction site visits in order to ensure quality control, safety, and schedule. Measured driving factors in projects and ensured project impacts, changes, and delays are added into the schedule to evaluate true project impact. Coordinated with project members to identify and quickly address problems during execution. Project Cost: $20 Million.
2284/009410-1001
10434958.1 a03/21/23
PROFESSIONAL SERVICES AGREEMENT
FOR
GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR THE FY
22-23 ANNUAL PAVEMENT PRESERVATION PROJECT
(ZONES 5 & 6B)
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of April 4, 2023, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and Ninyo & Moore Geotechnical & Environmental Sciences Consultants, 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 Geotechnical and Materials Testing Services for the FY 22-23 Annual Pavement Preservation Project (Zones 5 & 6B), 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
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proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
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 Seventy-Nine Thousand Seven Hundred Ten Dollars ($79,710.00) (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 upon execution of this agreement and terminate on upon completion of subject 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. Robert M. Bigger, Senior Project Manager 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, 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: NINYO & MOORE
Attention: Robert M. Bigger, Senior Project Manager
475 Goddard
Suite 200
Irvine CA, 92618
_____________________
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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 March 1, 2023 (“Consultant’s Proposal”), and (3) the City’s Request for Proposals, dated February 24, 2023 (“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:
ATTEST:
By:
Marcia Brown, City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By:
City Attorney, City of Yorba Linda
CONSULTANT: NINYO & MOORE
GEOTECHNICAL & ENVIRONMENTAL SCIENCES
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
By:
Dianna Honeywell, Finance Director
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EXHIBIT A
SCOPE OF SERVICES
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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 SeventyNine Thousand Seven Hundred Ten Dollars ($79,710.00) except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.
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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 D
SPECIAL PROVISIONS
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com March 1, 2023
Proposal No. 04-03984
Mr. Fredy Castillo
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Subject: Proposal for Geotechnical and Materials Testing Services. 2022-23 Annual Pavement Preservation Project - Zones 5 and 6B.
Yorba Linda, California.
References: City of Yorba Linda 2023 Specifications.
2022-23 Annual Pavement Preservation Project - Zones 5 and 6B Yorba Linda, California.
Harris and Associates Inc., 2023 Constructions Plans.
2022-23 Annual Pavement Preservation Project - Zones 5 and 6B.
Yorba Linda, California, dated 2/6.
Dear Mr. Castillo:
Ninyo & Moore is pleased to submit this proposal for geotechnical and materials testing services pertaining to construction of the 2022-23 Annual Pavement Preservation project located at various locations in Yorba Linda, California. We foresee our services as supplemental and as requested to assist the full-time construction inspection and management team. Based on our review of the project plan and specifications, we understand that the proposed construction will generally consist of areas of new roadway conventional asphalt concrete and emulsified asphalt slurry seal, as well as associated concrete hardscape construction located throughout designated Zone 5 and 6B areas of the City.
SCOPE OF SERVICES
Based on our understanding of the proposed construction and our experience with similar projects, we propose to provide the following scope of services:
• Project coordination and management, including review of the project plans, contractor submittals, specifications and special provisions, providing test data summary reports, and work scheduling.
• Field technician services for density testing during subgrade and aggregate base recompaction and asphalt concrete paving operations.
• Field technician services for sampling during the emulsified asphalt slurry seal placement operations.
• Field concrete technician services for sampling and testing during new curb ramp concrete placement, including checking slump and temperature, as well as casting of concrete cylinders.
Ninyo & Moore | 2022-23 Annual Pavement Preservation, Yorba Linda, California | 04-03984 | March 1, 2023 • Pick-up and transportation of construction material samples for testing at our laboratory. • Laboratory testing, including proctor density, sieve analysis, sand equivalent, hveem stability, unit weight, extraction, percent asphalt and wet track abrasion, as well as concrete compressive strength testing on representative samples obtained in the field. • Preparation of field observation reports and test data sheets. Our documents will be made available to you on a daily basis or provided as requested.
ASSUMPTIONS
Based on our experience with similar projects, the following assumptions have been made in the preparation of our scope of services:
• Our services are subject to prevailing wage requirements. • Batch plant inspection services will be requested for spot checking only. • Two or more mixer trucks will be used to deposit the slurry seal each day. • Field density for subgrade will be for spot checking only and not for every area. • We assume that the Contract will place an average of 2500 tons of asphalt concrete per day • Field testing of concrete will be for spot checking only and not for every concrete placement date.
ESTIMATED FEE
We propose to provide our services on a time-and-materials basis in accordance with the attached Schedule of Fees. Our estimated fee for the scope of services described herein are presented in the attached Table 1.
Ninyo & Moore appreciates the opportunity to provide services on this project, and we look forward to working with you on this project.
Sincerely,
NINYO & MOORE
Robert M. Bigger
Senior Project Manager
Alfred “Tino” Rodriguez
Principal, Construction Services
RMB/AR/scs
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees
Field Technician (Soils, A.C., Slurry Seal, Concrete) 500 hours @ 94.00 $ /hour 47,000.00 $ Nuclear Gauge Usage 500 hours @ 5.00 $ /hour 2,500.00 $ Field Vehicle Usage 500 hours @ 15.00 $ /hour 7,500.00 $ Subtotal 57,000.00 $
Proctor Density 7 tests @ 220.00 $ /test 1,540.00 $
Sieve Analysis 2 tests @ 145.00 $ /test 290.00 $
Sand Equivalent 2 tests @ 125.00 $ /test 250.00 $
Hveem Stability and Unit Weight (Asphalt Concrete) 10 tests @ 225.00 $ /test 2,250.00 $ Extraction, % Asphalt, include. Gradation (A.C.) 10 tests @ 250.00 $ /test 2,500.00 $ Slurry Wet Track Abrasion (Type 1 & 2 Slurry Seal) 20 tests @ 150.00 $ /test 3,000.00 $ Extraction, % Asphalt (Type 1 & 2 Slurry Seal) 20 tests @ 150.00 $ /test 3,000.00 $ Sieve Analysis (Type 1 & 2 Slurry Seal) 4 tests @ 145.00 $ /test 580.00 $ Sand Equivalent (Type 1 & 2 Slurry Seal) 4 tests @ 125.00 $ /test 500.00 $ Compressive Strength (Concrete) 40 tests @ 35.00 $ /test 1,400.00 $ Subtotal 15,310.00 $
Senior Project Engineer/Geologist 40 hours @ 185.00 $ /hour 7,400.00 $ Subtotal 7,400.00 $
TOTAL ESTIMATED FEE $ 79,710.00
Table 1 – Breakdown of Estimated Fee
Field Services
Laboratory Analyses
Project Coordination and Management
Ninyo & Moore | 2022-23 Annual Pavement Preservation, Yorba Linda, California | 04-03984 | PRJ | March 1, 2023 1 Page 238 of 298 Ninyo & Moore | 2022-23 Annual Pavement Preservation, Yorba Linda, California | 04-03984 | March 1, 2023 PRJ Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist ............................................... $ 195 Senior Engineer/Geologist/Environmental Scientist................................................................................................. $ 190 Senior Project Engineer/Geologist/Environmental Scientist..................................................................................... $ 185 Project Engineer/Geologist/Environmental Scientist ................................................................................................ $ 175 Senior Staff Engineer/Geologist/Environmental Scientist ........................................................................................ $ 150 Staff Engineer/Geologist/Environmental Scientist.................................................................................................... $ 145 GIS Analyst................................................................................................................................................................ $ 125 Technical Illustrator/CAD Operator........................................................................................................................... $ 103 Field Staff
Certified Asbestos/Lead Technician ......................................................................................................................... $ 185 Field Operations Manager......................................................................................................................................... $ 125 Nondestructive Examination Technician (UT, MT, LP) ............................................................................................ $ 119 Supervisory Technician............................................................................................................................................. $ 115 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing).............................................. $ 109 Senior Technician...................................................................................................................................................... $ 94 Technician ................................................................................................................................................................. $ 94 Administrative Staff
Information Specialist................................................................................................................................................ $ 85 Geotechnical/Environmental/Laboratory Assistant................................................................................................... $ 80 Data Processor.......................................................................................................................................................... $ 75 Other Charges
Concrete Coring Equipment (includes technician)............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician)........................................................................................... $ 190/hr GPR Equipment .................................................................................................................................................. $ 180/hr Inclinometer......................................................................................................................................................... $ 100/hr Hand Auger Equipment ...................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) .............................................................................................................................. $ 25/hr Vapor Emission Kit.............................................................................................................................................. $ 65/kit Nuclear Density Gauge....................................................................................................................................... $ 5/hr X-Ray Fluorescence ........................................................................................................................................... $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump ............................................................................................................................................. $ 10/hr Field Vehicle........................................................................................................................................................ $ 15/hr Expert Witness Testimony .................................................................................................................................. $ 450/hr Direct Expenses.................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI.................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 ..................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706.......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
PUBLIC WORKS DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: CASA LOMA AND EUREKA AVENUE - TEMPORARY STREET
CLOSURES
RECOMMENDATION
It is recommended that the City Council:
1. Approve Sully Miller’s request to conduct a temporary street closure to accommodate the City’s Bastanchury Road Widening Capital Improvement Project, and
2. Delegate authority to the City Engineer for any future street closure requests for this project.
BACKGROUND
Staff has received a request from Sully Miller Contracting Company to conduct a temporary street closure on Casa Loma Avenue between La Entrada and Bastanchury Road and on Eureka Avenue between La Entrada and Bastanchury Road. The reason for the request is to accommodate the reconstruction of the intersections of Bastanchury Road at Casa Loma Avenue and at Eureka Avenue.
Proposed dates: To be determined upon street closure approval.
Job duration: Approximately 48 hours
DISCUSSION
Casa Loma Avenue and Eureka Avenue are both 40-foot-wide collector roadways. Access for through traffic will not be available during the street closure. However, local traffic access will be provided for homeowners that live within the closure limits. In addition, provisions for emergency vehicle access will be maintained at all times.
Only one street will be closed at a time. The closure is necessary to facilitate the construction of the Bastanchury Road Widening Project. East-west travel will still be maintained on Bastanchury Road during the closure period of Casa Loma and Eureka Avenues. The closure period will facilitate the southerly roadway reconstruction at the
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intersections of Casa Loma and Eureka with Bastanchury Road. The northerly roadway reconstruction of these intersections will be phased using flagmen and therefore will not require closure.
This request for closure is for a single occurrence at each location. However, should it be necessary to implement an additional closure at these locations for this project, Staff is requesting the City Council to authorize the City Engineer to approve an additional closure at these locations.
Prior notification has been accomplished through mailings to properties within the affected areas in addition to Changeable Message Boards that will be placed on Casa Loma Avenue and Eureka Avenue 72 hours in advance of the closure.
This request was also presented to and approved by the Traffic Commission at their meeting on Thursday, March 23, 2023.
Conditions of Approval:
Staff supports the request subject to the applicant complying with requirements of Traffic Commission Policy No. 36 and the following conditions:
1. Residents shall be notified no less than two weeks prior to the street closure and be renotified within 72 hours of the closure.
2. The street closures shall conform to all applicable requirements of the State of California Manual on Uniform Traffic Control Devices (MUTCD).
3. Provisions for emergency vehicle access shall be maintained at all times.
4. An encroachment permit shall be obtained from the Public Works Department.
5. Applicant shall notify the Orange County Fire Authority and the Orange County Sheriff’s Department not less than 72 hours prior to the physical street closure.
FISCAL IMPACT
There is no direct fiscal impact.
ATTACHMENTS
None
PUBLIC WORKS DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, PUBLIC WORKS DIRECTOR / CITY ENGINEER
PREPARED BY: TONY WANG, TRAFFIC ENGINEERING MANAGER
SUBJECT: BASTANCHURY ROAD TEMPORARY CLOSURE FROM CORNELL LANE
TO PRINCETON
RECOMMENDATION
It is recommended that the City Council approve the temporary closure of Bastanchury Road, from Cornell Lane to Princeton Place, from 9:30 AM to 11:45 AM on April 27, 2023, for the California Highway Patrol Every 15 Minutes event.
BACKGROUND
Staff has received a request from the Orange County Sheriff’s Department (OCSD) to temporarily close both directions of Bastanchury Road, between Cornell Lane and Princeton Place, from 9:30 AM to 11:45 AM on April 27, 2023, for the California Highway Patrol (CHP) Every 15 Minutes event.
In conjunction with the Yorba Linda High School (YLHS), the California Highway Patrol and the OCSD are requesting the use of Bastanchury Road to set up a simulated crash scene as part of the Every 15 Minutes program. Every 15 Minutes (E15M) is a driver awareness program that includes a staged accident where a student actor is investigated for drinking and driving. The accident scene and subsequent processes will be filmed and shown in an assembly the following day at the YLHS. The CHP is designated as the government agency that schools apply to when interested in holding the program. YLHS has been approved to hold this program on April 27, 2023, and is nearly complete with its planning.
It is proposed to close down Bastanchury Road from Cornell Lane to Princeton Place between 9:30 AM to 11:45 AM to allow for the safe set-up, use and takedown of the mock crash. Two crash vehicles will be delivered by a tow company and set up in the east bound lanes of Bastanchury Road two driveways east of the YLHS football stadium. Vehicles from the Sheriff’s Department, Fire Authority, an ambulance company, and a mortuary will participate in the mock scene. YLHS students will observe emergency vehicles responding to the scene, multiple accident victims being medically treated for injuries, and a driver being investigated for DUI.
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DISCUSSION
Bastanchury Road is a primary arterial roadway with approximately 16,000 average daily trips. To avoid conflicts with early morning traffic patterns in this area, staff recommend the closure take place no earlier than 9:30 AM.
The event is planned to take place in the eastbound lanes of Bastanchury Road, nearest the YLHS parking lot. However, it is recommended that both eastbound and westbound travel lanes be closed during the event for safety reasons. This will provide a safety zone for the event participants and also avoid general public concern due to the mock crash scene.
The CHP and OCSD will conduct the road closure using traffic control devices and emergency vehicles. Staff recommends the use of pre-staged changeable message signs on Fairmont Boulevard and the west end of Bastanchury Road to inform drivers of the pending street closure. It is recommended that these CMS be provided by the OCSD/CHP and be in place, in a location and with a message approved by the City Engineer, no later than April 27, 2023. Furthermore, the gated community (Enclave) located on the north side of Bastanchury Road should be given advance notice at least seven (7) days prior to the street closure.
This street closure request was reviewed and unanimously approved by the Traffic Commission at their regular meeting on March 23, 2023.
FISCAL IMPACT
There is no direct fiscal impact.
ALTERNATIVES
If the City Council were to deny the street closure, the California Highway Patrol and the OCSD would not be able to set up a simulated crash scene on Bastanchury Road as part of the Every 15 Minutes program.
ATTACHMENTS
None.
ADMINISTRATION DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER SUBJECT: OPPOSITION TO SENATE BILL 423 (WIENER)
RECOMMENDATION
It is recommended that the City Council oppose Senate Bill 423 (Wiener) and authorize the Mayor to submit letters of opposition for SB 423 to the California State Legislature.
BACKGROUND
The League of California Cities recently issued an action alert for Senate Bill 423 (Wiener) related to streamlined housing approvals for multifamily housing developments. Staff is bringing this item before the City Council for review and consideration of taking an oppose position.
DISCUSSION
Senate Bill 35 was approved by the Governor in September 2017 and allows certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. SB 35 is set to expire on January 1, 2026. Senator Scott Wiener recently introduced Senate Bill 423 (Attachment 1), which would modify and expand the SB 35 provisions to create an even more streamlined, ministerial approval process for certain multi-family housing developments. Specifically, SB 423: (1) Removes the 2026 sunset and makes the statutes permanent, (2) Applies SB 35 provisions to the Coastal Zone, (3) Allows the State to approve housing developments on property they own or lease, and (4) Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35. SB 35 also forces cities to approve certain multifamily housing developments without public input or environmental review.
This bill proposes a “one size fits all solution” without allowing for public input or environmental review, disregards local zoning and land use planning policies, bypasses California Environmental Quality Act (CEQA), and limits local control.