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 131 of 246 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 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. PUBLIC WORKS DIRECTOR / CITY ENGINEER PREPARED BY: REGINA HU, P.E. PRINCIPAL CIVIL ENGINEER
SUBJECT: REDUCTION OF SURETY BONDS, TRACT 16595 – ESTANCIA (TOLL BROTHERS)
RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to:
1. Accept Grading Improvements on Tract 16595, release 90 percent of the Grading Bond, and retain 10 percent of the original amount for a one-year warranty period; and
2. Accept Off-site Improvements on Tract 16595, release 90 percent of the Faithful Performance and Labor and Materials Off-site Improvements Bonds, and retain 10 percent of the original amount for a one-year warranty period; and
3. Reduce the On-site Improvements Faithful Performance and Labor & Materials Bonds by 60 percent of the original amount; and
4. Reduce the Monumentation Bond by 75 percent of the original amount; and
5. Release, in one year (April 18, 2024), if no liens have been filed, the remaining 10 percent of the Grading and Off-site Improvements Bonds.
BACKGROUND
Developer: Toll Brothers, Inc.
Number of Parcels: 47 lots (estate-sized, single-family dwellings) Acreage: 28.843 Acres
Zoning: PRD (Planned Residential Development)
Location: Northwest corner of Bastanchury Road and Lakeview Avenue
R E D U C T I O N O F S U R E T Y B O N D S , T R A C T 1 6 5 9 5 – E S T A N C I A ( T O L L
B R O T H E R S )
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Tract 16595 is a 47 single-family, estate home-sized community located on the northwest corner of Bastanchury Road and Lakeview Avenue, in District II of the West Bastanchury Planned Residential Development (see Attachment 1 – Vicinity Map).
Toll Brothers, Inc. purchased Tract No. 16595 from Bastanchury Holding Company in 2017 and replaced the Tract’s cash securities with surety bonds that were accepted by City Council on July 21, 2020. The Subdivision Improvement Agreement with Toll Brothers, Inc. required surety bonds for Grading, Off-site and On-site Improvements, and Monumentation.
Per Section 17.16.040 of the City’s Municipal Code, upon request by the Developer, the City may release the security in conjunction with the performance of work as it progresses.
Municipal Code Section 17.16.040 and the Subdivision Map Act require the posting of security to ensure completion of improvements in conformance with the subdivision improvement agreement, accepted improvement plans, Resolution 2004-3698, and to the satisfaction of the City Engineer. Toll Brothers, Inc. (Developer) has substantially completed the improvements for acceptance and the proposed surety release amounts as summarized in Table 1.
DISCUSSION
Public Works performed final inspections and has determined that the off-site and grading work have been completed in accordance with the accepted plans and conditions of approval. Off-site improvements include widening of Bastanchury Road along the Tract frontage. Staff is recommending the release of the Grading and Off-site Improvement Bonds for 90 percent of the original amount.
Majority of the On-site improvements have been substantially completed with the exception of equestrian trail related items. The equestrian trails on Tract 16595 are in need of repair due to erosion from recent storm events. Staff will accept the adjacent equestrian trail easements into the LMAD at a future Council date once trail improvements have been repaired to the satisfaction of the City Engineer. Due to the pending repairs, staff is recommending a 60 percent reduction of the On-site Improvement Faithful Performance and Labor and Material Bonds. The remaining surety bond amounts sufficiently cover costs (i.e., preparation and design of trail improvements, reconstruction of trail and site restoration, and incidental administrative fees) to repair the equestrian trail.
Monumentation and survey documentation have been submitted to the County of Orange for review. Pending the County’s approval for recordation, staff is recommending a 75 percent reduction of the Monumentation Bond.
R E D U C T I O N O F S U R E T Y B O N D S , T R A C T 1 6 5 9 5 – E S T A N C I A ( T O L L
B R O T H E R S )
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Table 1 below summarizes the current and requested release amount of the sureties.
Table 1: Surety Release Summary
Surety Surety
Amount Release Amount (%) Warranty Amount
Grading $29,400 $26,460 (90%) *$2,940
Off-site Improvements Street
Faithful Performance $128,000 $115,200 (90%) *$12,800
Labor & Materials $128,000 $115,200(90%) *$12,800
On-site Improvements
Faithful Performance $758,800 $455,280 (60%) $303,520
Labor & Materials $758,800 $455,280 (60%) $303,520
Monumentation $22,350 $16,762.50 (75%) $5,587.50
*10% Warranty retention to be released after one year per condition of approval, pending a final warranty inspection and if no liens have been filed (estimated April 18, 2024).
FISCAL IMPACT
None. There is no direct fiscal impact from releasing the developer-provided sureties as listed above.
ALTERNATIVES
Do not release the project sureties. This alternative is not recommended as the majority of work performed was found to be in substantial compliance with the terms of the subdivision improvement agreement, conditions of approval, and the accepted improvement plans.
ATTACHMENTS
1. Attachment 1 – Vicinity Map
City of Yorba Linda
Public Works
4/18/2023
ATTACHMENT 1
Vicinity Map
Source: City of Yorba Linda, 2023 Vicinity Sites
LAKEVIEW AVE
BASTANCHURY ROAD
TRACT 16595
PUBLIC WORKS DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH MICHAEL
BAKER INTERNATIONAL FOR DESIGN SUPPORT SERVICES DURING
CONSTRUCTION OF BASTANCHURY ROAD WIDENING BETWEEN
CASA LOMA AVENUE AND EUREKA AVENUE (SI221005)
RECOMMENDATION
It is recommended that the City Council:
1. Approve an amendment to the Professional Services Agreement with Michael Baker International, in the amount of $36,331 for design support services during construction of the Bastanchury Road Widening between Casa Loma Avenue and Eureka Avenue Project (SI221005); and
2. Authorize the City Manager to approve additional expenditures of up to $5,450 (15% of the requested amendment amount) for unforeseen additional services that may be necessary during construction; and
3. Authorize the City Manager to sign and execute the amendment to the professional services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
BACKGROUND
The original agreement for the subject project was awarded by the City Council as an amendment to the on-call agreement with Michael Baker International (MBI) in June 2018.
In November 2021, the City Council approved an extension to the MBI agreement along with increased compensation to allow for MBI’s provision of support during construction.
In March 2022, the City Council approved an amendment with MBI to incorporate services needed for a constructability review process and to adjust plans in response to private property accommodations resulting from the Right of Entry process. As a result of the constructability review, several design details and refinements were identified and thereafter incorporated into the plans to address potential utility conflicts and ideally minimize construction impact and change orders.
A P P R O V A L O F A N A M E N D M E N T T O T H E A G R E E M E N T W I T H
M I C H A E L B A K E R I N T E R N A T I O N A L F O R D E S I G N S U P P O R T
S E R V I C E S D U R I N G C O N S T R U C T I O N O F B A S T A N C H U R Y R O A D
W I D E N I N G B E T W E E N C A S A L O M A A V E N U E A N D E U R E K A A V E N U E ( S I 2 2 1 0 0 5 )
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In June 2022, the City Council approved an amendment that included services by MBI to value engineer the project’s retaining wall design and to implement refinements based upon information made available after the Shea Homes frontage improvements along Bastanchury Road were completed. While the designs were coordinated at the time of original engineering design, the recently constructed improvements to the Shea Homes tract necessitated refinements to the surface drainage design and street profiles for the City’s widening project on Bastanchury Road.
DISCUSSION
The current amendment is necessary to address additional design support services during construction. In summary, there is additional effort related to review of contractor submittals, preparation of As Built Drawings, and As-Needed design support pending issues that arise during construction. The construction support services originally budgeted were based on an estimate and the actual services vary depending on the complexity of the project. Due to the recent unexpected duration and intensity of the rains, the highly saturated soil within the project limits requires mitigation for construction to continue. This has resulted in detailed coordination with the Contractor, geotechnical engineer and City staff as well as the need for additional review of submittals.
Pending Council approval of this amendment, the revised aggregate design total authorized with MBI for these services will increase to a not-to-exceed amount of $471,414 as described in the table below.
Bastanchury Road Widening Design
Original MBI Task Amount $299,317
Previously Approved Amendments $135,766
Proposed Amendment Amount $36,331
GRAND TOTAL $471,414
FISCAL IMPACT
Sufficient unencumbered funding is currently available within the SI221005 project budget to allow for the contract amendment increase.
ALTERNATIVES
Do not approve this amendment. However, foregoing the requested scope will compromise the project as Staff will not have the necessary design engineering support to resolve technical issues that arise during construction.
A P P R O V A L O F A N A M E N D M E N T T O T H E A G R E E M E N T W I T H
M I C H A E L B A K E R I N T E R N A T I O N A L F O R D E S I G N S U P P O R T
S E R V I C E S D U R I N G C O N S T R U C T I O N O F B A S T A N C H U R Y R O A D
W I D E N I N G B E T W E E N C A S A L O M A A V E N U E A N D E U R E K A A V E N U E ( S I 2 2 1 0 0 5 )
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ATTACHMENTS
Attachment 1 – Michael Baker International (Amendment)
AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 18th day of April 2023, by and between the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal corporation of the State of California (hereinafter referred to as “City”), and Michael Baker International, Inc., 5 Hutton Center Drive, Suite 500; Santa Ana, California 92707 (hereinafter referred to as “Consultant”).
WITNESSETH:
WHEREAS, the City and the Consultant entered into an Agreement for Professional On-Call Consultant Services dated November 21, 2016, on an as-needed basis; and WHEREAS, the City and the Consultant desire to enter into an amendment to the Agreement; and WHEREAS, the City and the consultant agree to amend the scope of services specified in Section
3.1.1 of the agreement to include additional Design Support Design services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project; and WHEREAS, the City and the Consultant desire to amend the compensation specified in Section
2.1 Contract Sum of the Agreement will be amended to include an additional Thirty-Six Thousand Three Hundred Thirty-One Dollars ($36,331.00) for additional Design Support services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project per Amendment No. 7; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:
1. In accordance with Section 3.1.1 General Scope of Services of the Agreement, the scope of services provided in Attachment “A” of the Agreement is amended to include the additional scope of services described in the Consultant’s Scope Amendment Proposal attached here to as Attachment “A-3”.
2. In accordance with Section 3.3.1 Compensation of the Agreement, and Exhibit “A” Schedule shall include an additional Thirty-Six Thousand Three Hundred Thirty-One Dollars ($36,331.00) for additional Design Support services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project, increasing the total not to exceed Agreement Task Order amount to Four Hundred Seventy-One Four Hundred Fourteen Dollars ($471,414.00).
Except as amended pursuant to this Amendment No. 7, all provisions of the Agreement shall remain in full force and effect, and shall govern the services provided under this Amendment No. 7. [SIGNATURES ON THE NEXT PAGE]
CITY OF YORBA LINDA
Dated: By:
MARK A. PULONE
CITY MANAGER
ATTEST:
MICHAEL BAKER INTERNATIONAL,
Marcia Brown INC.
City Clerk
________________________
Dianna Honeywell
Finance Director
APPROVED AS TO FORM: By:
RUTAN & TUCKER LLP (Print)
(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:
1 March 29, 2023
Mr. Rick Yee, PE
Deputy Director Public Works / Assistant City Engineer
City of Yorba Linda
Public Works Department
4845 Casa Loma Avenue
Yorba Linda, CA 92886
SUBJECT: CONSTRUCTION SUPPORT SERVICES - PROPOSED AMENDMENT BASTANCHURY ROAD IMPROVEMENTS AMENDMENT NO. 7
Dear Mr. Yee,
Michael Baker International, Inc. (Michael Baker) is currently supporting the City of Yorba Linda (City) in the construction support phase of the Bastanchury Road Improvements project. We have exhausted our budget for the construction support task number 12. As such, we are requesting a budget augmentation for task 12 to continue supporting the City through the end of construction. The end of construction is anticipated to be March 2024. This budget augmentation includes the following sub tasks:
12.1 Address Remaining Contractor Submittals: Complete our review and response of the remaining contractor submittals. Based on the provided list of submittals, there are approximately 8 submittals still to be reviewed. This effort is estimated at 16 hours total.
12.2 Field Visits: Michael Baker anticipates that up to 8 field visits will be necessary to review site conditions and discuss changes that are uncovered during the construction phase. Michael Baker will support City’s request for field meetings with staff that are familiar with the project including Dave Eames, Brandon Chen and Marc Violet. This work will be performed at the direction of the City. This effort is estimated at 24 hours total.
12.3 Project Coordination Virtual Meetings: Michael Baker will join the City and construction manager on conference calls as requested to address construction issues. This effort is estimated at 8 hours total.
12.4 As-Built Plans: Michael Baker will prepare as-built plans upon completion of the construction work and receipt of all field notes and plan corrections. Final plans will be delivered electronically to the City for record keeping. This effort is estimated at 62 hours total.
12.5 Engineering Support As Directed: Michael Baker will support the City with engineering and drafting support in response to unforeseen conditions or City -directed changes that come up during the course of construction. This task will only be performed upon the written direction of the City. This task includes 86 hours for engineering support. This scope and fee also includes time to support the City in addressing the saturated soil mitigation. The effort in the mitigation
2 response includes computer modelling, preparation of roadway cross sections, calculations, and coordination calls with the City and CM.
The total amount of this task 12.0 augmentation is $36,331. Please see attached fee schedule as part of this amendment request.
Should you have any questions and/or require additional information, please feel free to contact me directly at (949) 648-2330 or at [email protected].
Respectfully submitted,
MICHAEL BAKER INTERNATIONAL, INC.
David Eames, PE
Project Manager
TOTAL
HOURS
TOTAL
FEE
Hours Fee Hours Fee Hours Fee Hours Fee
12.0 Construction Support
12.1 Remaining Contractor Submittals (Approx. 8 remaining) 2 $598 4 $792 10 $1,430 16 $2,820
12.2 Field Visits (8 total) 21 $6,279 3 $594 24 $6,873
12.3 Coordination Virtual Meetings (4 total) 6 $1,794 2 $396 8 $2,190
12.4 As-Built Plans 4 $1,196 8 $1,584 50 $7,150 62 $9,930
12.5 Engineering Support As Directed- Incl Soil Remediation 10 $2,990 12 $2,376 64 $9,152 86 $14,518 Subtotal: 43 $12,857 29 $5,742 124 $17,732 196 $36,331
FEE ESTIMATE
SCHEDULE OF FEES
$299
AMENDMENT No. 07
$143
Design Technician
BASTANCHURY ROAD WIDENING PROJECT - CONSTRUCTION SUPPORT SERVICES Project Engineer
ADDITIONAL BID / CONSTRUCTION SUPPORT
Senior Project Manager
$198
PUBLIC WORKS DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: ARMANDO JAIME, PUBLIC WORKS SUPERINTENDENT SUBJECT: APPROVAL OF AN AMENDMENT TO THE MAINTENANCE AGREEMENT
WITH S & H CIVILWORKS FOR ON-CALL CONCRETE REPAIR SERVICES
RECOMMENDATION
It is recommended that the City Council:
1. Approve an amendment to the Maintenance Agreement with S & H Civilworks, in the amount of $139,000 for additional citywide On-Call Concrete Repair and Associated services; and
2. Authorize the City Manager to sign and execute the amendment to the professional services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
BACKGROUND
The Public Works Department is responsible for the City’s concrete maintenance and repairs within the public rights-of-ways. City staff manages concrete repair by overseeing contracted service providers who operate under an On-Call Concrete Repair Services Agreement. These agreements are typically structured in two-year initial terms that may be extended at the City’s unilateral discretion for subsequent terms. The scope of work for these contract services includes general concrete repair services such as routine removal and replacement of sidewalks, curb and gutter, installation of handicap access curb ramps, concrete repairs prior to the annual slurry seal project and miscellaneous concrete repairs throughout the City.
The Council approved the most recent on-call Concrete Repair Services maintenance agreement on June 21, 2022. As a part of the Council action, an agreement was awarded to S & H Civilworks, who submitted the lowest bid amongst seven qualified bidders, received at the culmination of the public bidding process.
DISCUSSION
The initial agreement awarded for Concrete Repair services was for a two-year term in a cumulative award amount of $612,000, with half of that amount being assigned to each
A P P R O V A L O F A N A M E N D M E N T T O T H E M A I N T E N A N C E
A G R E E M E N T W I T H S & H C I V I L W O R K S F O R O N - C A L L C O N C R E T E
R E P A I R S E R V I C E S
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“contract year” for potential expenditure. It should be noted that the contract methodology utilized for these services is on-call, which is a contract type used when exact quantities or levels of service are variable from year to year. Typically the annual contract amount assigned for award in a given contract year is based upon projected need; however, actual expenditures vary in amounts within the contract’s not-to-exceed amount based upon needs in a given year. Additionally, utilizing an on-call contract allows staff flexibility to utilize multiple potential funding sources for the contractual services in case services are utilized by another division, or for a project effort.
During the course of the first half of the contract term, staff determined that a higher level of effort and an increased quantity of repairs would be required for concrete services in the City. As such, in November of 2022, a Contract Change Order (Number 1) was approved in an amount not to exceed $45,000, which was within the approved contract contingency.
City staff has determined that additional concrete repair services will be required, beyond the initially estimated contract value for the remainder of the first year of the contract term.
In order to complete an increased quantity of unanticipated concrete repair efforts, including curb ramp work, sidewalk repairs and other minor projects, staff is recommending that Council approve a contract amendment in the amount of $139,000. This amount would increase the first contract year’s not to exceed amount by $47,000 and the second contract year by $92,000. The increase for the second contract year is to raise the estimated quantity of repairs from the initial contract estimate to come into alignment with the realized levels of 2023. Upon approval of the proposed amendment, the aggregate not-to-exceed contract amount will be $796,000 ($398,000 for each contract/fiscal year). The table below summarizes the Agreement’s fiscal amounts:
Agreement Amount Reference Table
Amount Description
$612,000 Original Agreement Amount (2-year Term Total)
$45,000 Approved Change Order No. 1 (First year of a Contract) $657,000 Current Aggregate Approved Contract Total
$47,000 Proposed Amendment No. 1 (Current Year Portion) $92,000 Proposed Amendment No.1 (Future Year Portion)
$139,000 Proposed Amendment No. 1 Total (Requested in Report) $796,000 Total Aggregate Contract (2-Year Amount After Approval)
A P P R O V A L O F A N A M E N D M E N T T O T H E M A I N T E N A N C E
A G R E E M E N T W I T H S & H C I V I L W O R K S F O R O N - C A L L C O N C R E T E
R E P A I R S E R V I C E S
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FISCAL IMPACT
Sufficient funds are available for the recommended On-Call Concrete Repair Services contract amendment for the first year of the contract term ending on June 30th, 2023.
Funding is programmed for the contract in the (401) Street Improvement category (Account No. 4010050-461620), specifically within the following projects: City’s Sidewalk, Curb & Gutter Repair Program (SI231005) and the Citywide ADA Ramp Program (SI231006).
Additional funding is also programmed in the operating account for Public Works Construction (1010330-432500). Staff is also in the process of developing the future year operating and CIP budgets, which are anticipated to include additional funding to account for the future contract year amount increase.
ALTERNATIVES
The Council may elect not to approve the proposed amendment as outlined in the recommendation and direct staff to conduct an alternate procurement for the repair services.
However, this alternative will result in delays to necessary concrete repairs at various locations.
ATTACHMENTS
Attachment 1 – S & H Civilworks (Amendment)
1 Project Name/No.: On-Call Concrete Repair Services Contract No.: 22230005 (A1) Dept./Contract Rep: Public Works /A. Jaime Approved: _4/18/2023 AMENDMENT NO. 1 TO
MAINTENANCE AGREEMENT
FOR
ON-CALL CONCRETE REPAIR SERVICES
THIS AMENDMENT is made and entered into this 18th day of April , 2023, by and between the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal corporation of the State of California (hereinafter referred to as “City”), and S & H Civilworks, 1801 Hilltop Dr., Colton, Ca. 92324 (hereinafter referred to as “Contractor”).
WITNESSETH:
WHEREAS, the City and the Contractor entered into an Agreement for On-Call Concrete Repair Services with the City of Yorba Linda as per the original Agreement dated June 21, 2022; and WHEREAS, Section 3.7.1 of the Agreement allows for adjustments pursuant to applicable terms of this contract or written change orders approved and signed in advance by the City; and WHEREAS, the City and the Contractor entered into Change Order No. 1 to increase the agreement amount effective on November 11, 2022, resulting in a one-time contract increase amount for provision of additional on-call services in an amount of Forty-Five thousand dollars ($45,000.00) for the first year of the contract term; and
WHEREAS, the City and the Contractor agree to increase the Contract Price by Forty-Seven Thousand dollars ($47,000.00) for the first year of the contract term and by Ninety-Two Thousand ($92,000.00) dollars for the second year of the contract term, for an aggregate contract increase of One Hundred Thirty-Nine Thousand dollars ($139,000.00) to accommodate additional, increased quantities of concrete repair services; and
WHEREAS, the City intends to delineate the contract compensation increase amount for the extension term based upon the City’s fiscal year as described in the additional compensation table, attached hereto as “Exhibit A-1” and incorporated herein.
NOW, THEREFORE, the City and the Contractor agree to amend the contract as follows:
1. In accordance with Section 3.7 Compensation and Payment, the annual not-to-exceed Compensation shall include an additional One Hundred Thirty-Nine Thousand Dollars ($139,000.00) , to allow for provision of an increased quantity of On-Call Concrete Repair and associated Services over the two-year contract term, increasing the total not-to-exceed Agreement amount to Seven Hundred Ninety-Six Thousand Dollars ($796,000.00).
Except as amended pursuant to this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect and shall govern the services provided under this Amendment No. 1. [SIGNATURES ON FOLLOWING PAGE]
2 CITY OF YORBA LINDA
Dated: By:
MARK A. PULONE
CITY MANAGER
ATTEST:
Marcia Brown
City Clerk
________________________
Dianna Honeywell
Finance Director S & H CIVILWORKS.:
APPROVED AS TO FORM: By:
RUTAN & TUCKER LLP (Print)
(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:
By:
(Print)
(Signature)
Title: ________________________________
Dated:
NOTE: ALL SIGNATURES OF “CONTRACTOR MUST BE NOTARIZED. (IF CORPORATION, TWO NOTARIZED SIGNATURES – PRESIDENT OR VICE PRESIDENT AND SECRETARY – AND CORPORATE SEAL OF CONTRACTOR REQUIRED)
3 EXHIBT “A-1”
Compensation Table for Amendment No. 1
DESCRIPTION TERM AMOUNT
*Original Agreement July 1st, 2022 – June 30th, 2024 (2-Years) Contract total is halved between first and second years $612,000.00
*Change Order NO.1 First Year of Contract Term (ending June 30, 2023) Entire amount is allocated to the first year of the contract term $45,000.00
DESCRIPTION TERM AMOUNT
Amendment NO.1
(Current)
First Year of Contract Term (ending June 30, 2023) $47,000.00 Subtotal
Amendment NO.1
(Current)
Second Year of Contract Term (ending June 30, 2024) $92,000.00 Subtotal
Amendment NO.1
(Current)
July 1st, 2023 – June 30th, 2025 (2-Years) $139,000.00
(A1 Total)
Not- to-Exceed Agreement Total Compensation= $796,000.00 *Compensation for Original Agreement, and previously approved Change Order No.1 are listed in the table above for reference and tabulation purposes only.
ADMINISTRATION DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: AGREEMENT WITH THE COUNTY OF ORANGE DISTRICT ATTORNEY’S
OFFICE FOR PROSECUTION SERVICES
RECOMMENDATION
It is recommended that the City Council approve the agreement with the County of Orange District Attorney’s Office for prosecution services for the period of July 1, 2023 through June 30, 2028.
BACKGROUND
The City of Yorba Linda originally entered into an agreement with the County of Orange District Attorney’s Office for prosecution services shortly after the City’s incorporation and has continued to renew that agreement ever since. The current five-year agreement is set to expire on June 30, 2023 and the District Attorney’s Office has sent an updated agreement for the City to consider in order to maintain prosecution services.
DISCUSSION
The District Attorney’s services are used to prosecute violators of the Yorba Linda Municipal Code as an alternative to the City Attorney, providing the City some flexibility if one of these entities is unavailable. In general, the Community Preservation (Code Enforcement) Division and the Sheriff’s Department use the District Attorney’s Office for the prosecution of City code violations.
The terms and fees in the District Attorney’s Office agreement have been updated per the rates provided by the County Auditor-Controller and are subject to change on an annual basis upon review by the Auditor-Controller. Otherwise, the remainder of the stipulations in the agreement remain unchanged from the current agreement.
FISCAL IMPACT
Funding will be included in the upcoming budgets to provide for these services.
AGREEMENT WITH COUNTY OF ORANGE DISTRICT ATTORNEY’S OFFICE FOR
PROSECUTION SERVICES
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ALTERNATIVES
Do not approve this agreement and have the City Attorney handle all prosecution services for the City.
ATTACHMENTS
1. Agreement with the County of Orange District Attorney’s Office for Prosecution Services
AGREEMENT FOR PROSECUTION SERVICES
THIS AGREEMENT FOR PROSECUTION SERVICES (“AGREEMENT”) , made and entered into by and between the COUNTY OF ORANGE, CALIFORNIA, a political subdivision of the State of California and a body politic and corporate (hereinafter designated as “COUNTY”), and the CITY of ___________________, a municipal corporation, located in the County of Orange (hereinafter designated as “CITY”).
In consideration of the terms herein COUNTY and CITY agree as follows:
1. COUNTY, through its District Attorney (DA), shall render to CITY such services as may be required to prosecute criminal violations of CITY’s ordinances by persons 18 years of age or older in courts.
2. COUNTY shall provide all staffing and supervision necessary to prosecute criminal violations of CITY ordinances as contemplated by this AGREEMENT.
3. The final authority for rendition of services, standards of performance, and other matters incident to the performance of prosecution services and the control of COUNTY personnel shall remain in COUNTY. The DA shall have the exclusive authority to file a criminal complaint and conduct the prosecution of any criminal violations of CITY ordinances.
4. CITY, its officers, agents, and employees are not liable for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services under this Agreement.
CITY, its officer, agents, and employees are not liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out of his or her employment.
5. COUNTY, its officers, agents, and employees are not liable for the acts or omissions of CITY, its officers, agents, or employees.
6. CITY and COUNTY shall hold each other harmless from liability for acts or omissions under this AGREEMENT of the officers, agents, and employees of the other.
7. (a) Referrals for Complaints. CITY may refer suspected violations of its criminal ordinances by persons 18 years or older to the DA for a determination as to whether a criminal complaint should be filed. CITY shall pay COUNTY the sum of $301.43 for each referral, without regard to the issuance of a complaint. For the purposes of this AGREEMENT a “referral” means an occurrence constituting an alleged violation of one or more CITY ordinances by one person. CITY shall provide investigation materials, reports, copies of its ordinances, and additional records or information as requested by the DA. In cases where prosecution is authorized by the DA, the DA will draft and prepare the complaint.
When “not guilty” pleas are entered on such complaints, the DA will prosecute such cases through trial without further charge, except as provided in Paragraph 7(c) herein. CITY shall pay COUNTY $183.74 per hour of attorney time and $117.69 per hour of clerical support’s time for services performed under this paragraph for trials that exceed one day.
(b) Additional Trial Prosecution. Trials on CITY citations and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried by the DA without the consent of the Assistant DA in charge of the branch service the judicial district in which CITY is located. The DA may determine that CITY ordinances of exclusively local concern should be prosecuted by the CITY attorney. Except as provide in Paragraph 7(c), CITY shall pay COUNTY 301.43 for each DA prosecution of a CITY citation or a CITY complaint not issued pursuant to Paragraph 7(a). For the purposes of this paragraph, “DA prosecution” means the DA’s appearance in Court after witnesses are subpoenaed on the first setting for a defendant’s trial. Where CITY asks the DA to request dismissal before subpoenas have been issued and the DA agrees to that request, no charge will be made. As prosecutor, the DA has the right to control the disposition of all complaints, trials, and appeals herein described in accordance with the duties of his office. CITY will provide investigation materials, reports, citations, copies of its ordinances, and additional records or information necessary for trial as requested by the DA. CITY shall pay COUNTY $183.74 per hour of attorney time and 117.69 per hour of clerical support’s time for services performed under this paragraph for prosecutions in excess of one day. (c) Appeals. CITY may request the DA to file, answer, and litigate appeals of convictions of violations of CITY’s ordinances. CITY shall pay COUNTY $183.74 per hour of attorney time and $117.69 per hour of clerical support’s time for services performed under this paragraph. (d) The rates for services specified in this AGREEMENT shall be reviewed annually by COUNTY’s Auditor-Controller and, if it is determined that a change in the rate is necessary to reflect change in costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30, and the change shall become effective the following July 1.
8. Within ten days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services performed under this AGREEMENT, and CITY shall pay COUNTY the amount charged within 20 days after receipt of such statement. Such statement shall consist of the number of referrals for complaints, additional trial prosecutions, and itemized appeals. If such payment is not received by COUNTY within 30 days after rendition of billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of COUNTY’s intention to do so.
9. Upon execution of this AGREEMENT, CITY shall provide two copies of its municipal ordinances to the DA. CITY shall further provide the DA with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the term of this AGREEMENT.
10. This AGREEMENT shall continue in full force and effect for a five-year period, commencing July 1, 2023, and terminating on June 30, 2028, provided that either party may terminate the AGREEMENT upon 30 days’ written notice. CITY shall pay all compensation for services rendered under this AGREEMENT irrespective of the termination or expiration of this AGREEMENT. Termination of this AGREEMENT shall not affect the duties of the parties already initiated that extend beyond the termination of this AGREEMENT.
IN WITNESS WHEREOF, COUNTY has caused this AGREEMENT to be executed by the Chairman of its Board of Supervisors and Attested by the Clerk of said Board, and CITY has caused this AGREEMENT to be executed by its Mayor and attested by the CITY Clerk on the dates set opposite their respective signatures.
Dated: ______________, 2023
“COUNTY”
COUNTY OF ORANGE, a political subdivision of the
State of California
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE By _______________________________________ CHAIRMAN OF BOARD Chairman of the Board of Supervisors
______________________________________
Robin Stieler
Clerk of the Board of Supervisors
of Orange County, California “CITY”
APPROVED AS TO FORM _________________________________________ LEON J. PAGE, COUNTY COUNSEL A municipal corporation
By: ___________________________________ By: ______________________________________ Mayor
Dated: _______________________, 2023 Dated: __________________________, 2023 ATTEST:
By: ______________________________________
City Clerk
Dated: ___________________________, 2023
Digitally signed by James C. Harman, Chief Assistant County Counsel DN: cn=James C. Harman, Chief Assistant County Counsel, o=Office of County Counsel, ou, [email protected], c=US Date: 2023.03.17 18:03:00 -07'00' March 17
ADMINISTRATION DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: MARK K. AALDERS, ASSISTANT TO THE CITY
MANAGER
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES – CELESTINO-HERNANDEZ AND SMITH
RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Julian Celestino-Hernandez and Frank Smith.
BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with the George Hills Company. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.
Staff makes recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.
DISCUSSION
The following claims for damages have been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.
Julian Celestino-Hernandez
The claimant alleges that while riding a bicycle on Orangethrope Avenue in Placentia he was struck by a Placentia-Yorba Linda Unified School District (PYLUSD) vehicle. The incident location is not within the City’s jurisdiction and the City does not have any authority, responsibility, or affiliation with PYLUSD. The claimant has been notified accordingly.
Therefore, the third-party claims administrator and City staff recommend denying the claim.
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Frank Smith
The claimant alleges that potholes on Buena Vista Avenue (between Jefferson and Westmoreland) caused damage to his truck’s front end alignment thereby causing his front tires to wear out. Staff checked the roadway, City boundaries and maintenance responsibility for the specific lane/right of way and determined that the potholes were not within the City’s jurisdiction. The claimant was provided with the details and documents to support their previously denied claim with the City of Placentia. Staff is also following up with the City of Placentia representative should there being any contention on the claim. Therefore, the thirdparty claims administrator and City staff recommend denying the claim.
FISCAL IMPACT
None
ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:
1. Accept liability for the claims and pay the amount specified in the claim forms.
2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.
ADMINISTRATION DEPARTMENT
DATE: APRIL 18, 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: AWARD OF CONTRACT FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES
RECOMMENDATION
It is recommended that the City Council:
1. Award the attached three-year contract (Attachment 1) with Tripepi Smith and Associates, Inc. for professional broadcast and video production services for the City’s public, education, and government (PEG) channel, not to exceed $107,455, and authorize the Mayor to execute the contract; and
2. Authorize the City Manager to execute up to two (2) consecutive one (1) year extensions, in accordance with the scope of work and general terms and conditions of the contract.
BACKGROUND
Since 1992, the City has contracted for professional broadcast operations in support of the City’s public, education, and government (PEG) channel, Channel 3. The current agreement has expired and is operating on a month-to-month basis. On February 7, 2023, staff issued a Request for Proposal (RFP) to enhance the City’s broadcast and video production services. The RFP was sent directly to eleven (11) potential vendors and posted on the City’s website.
DISCUSSION
The proposed agreement’s scope of services includes: broadcast operations and programming for the live City Council regular and special meetings; coordination of web streaming and all activities associated with Cablecast, Zoom, Channel 3, and Escribe technologies; production of title graphics; troubleshooting sound and broadcast issues; management of broadcast stream and recording that feeds to Escribe Meetings, Public Access Channel 3, AT&T U-Verse Channel 99; and any other as-needed technical advisory, and video production services.
AWARD OF CONTRACT FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES]
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Three (3) proposals were received from the following vendors: Aiden Tehrani, Everett Edward Hambly IV, and Tripepi Smith and Associates.
After evaluating the proposals received and hosting interviews with the top vendor, staff determined that Tripepi Smith and Associates, Inc. was the best qualified vendor. Tripepi Smith and Associates provided a quality and responsive proposal that demonstrated a clear understanding of the scope of work. Additionally, they have a team of staff with vast experience in video broadcasting, recording, and production, and knowledge of current media technology, which will help improve the workflow and efficiency of maintaining and operating the City’s broadcast equipment. Tripepi Smith and Associates also has current public sector experience, currently providing similar broadcast and video services to the cities of Fullerton, Huntington Beach, Bellflower, and Indian Wells to name a few. Lastly, Tripepi Smith and Associates was the only vendor to be responsive to the mandatory RFP requirement to provide two regular consultants to manage all aspects of live video broadcasting and assist with technical support, which will enhance the City's video broadcasting of the Council Meetings. Tripepi Smith’s hourly rate is $105/hour (per operator). The estimated cost schedule for two operators for broadcast operations and programming of City Council Meetings is outlined below. These numbers are estimates only as the City will only be billed for actual time spent.
Cost Schedule for 3 years
Task Subtotal
Per
Month
Unit Cost Year 1 Year 2 Year 3 3 Year
Total
Monthly Services* $2,100 12 $25,200 $27,216 $29,394 $81,810 Kickoff Meeting $645 1 $645 - - $645
Training $2,500 1 $2,500 - - $2,500
$28,345 $27,216 $29,394 $84,955
*20 hours total/month for both operators and includes an estimated 8% CPI rate increase each year An additional $7,500 for each year ($22,500 three-year total) is included in the contract amount for other task orders included in the Scope of Services, including on-call broadcast operations, as-needed technical advisory, and video production services.
Please note, video services for State of the City are not included in this agreement. The City contracts with another company for State of the City video services (contract expires June 1, 2025).
FISCAL IMPACT
The proposed aggregate amount for the three-year contract is $107,455. Funding for professional broadcast and video production services will be appropriated in the FY 2023/24 and FY 2024/25 budgets (Public, Educational, and Governmental (PEG) account – 2101000). Funding for the remainder of the current fiscal year is appropriated in the current budget (2101000).
AWARD OF CONTRACT FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES]
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ALTERNATIVE
Do not approve the agreement for professional broadcast and video production services for the City’s public, education, and government (PEG) channel; therefore, terminating the live broadcast of City Council Meetings; and provide direction to staff.
ATTACHMENT
1. Agreement for Professional Broadcast and Video Production Services
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of April 18, 2023, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and TRIPEPI SMITH AND ASSOCIATES, INC., 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 Broadcast and Video Production Services, 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).
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 the sum of one hundred and seven thousand and four hundred and fifty-five dollars and zero cents ($107,455) (the “Contract Sum”), except as provided in Section 1.2. Payments shall be earned as the work progresses. The method of compensation set forth in the Schedule of Payment will be made based on the rates 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 at the end of each, 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 thirty (30) days after invoices are received by the City.
2.3 Rate Increases. The rates set forth in Exhibit" B" shall be adjusted on July 1 of each year in accordance with a five percent (5%) increase or the percentage change in the CPI for the Los Angeles-Long Beach-Anaheim MSA ("Index") published by the United States Department of Labor, Bureau of Statistics for the preceding year (December to
December)—whichever is higher. The rates may be adjusted at the sole discretion of the City, and upon written request for an increase from Contractor ninety (90) days prior to July 1.
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 May 5, 2023 and terminate on May 5, 2026 (initial term). This agreement may be extended for up to two (2) additional one-year (1) terms, upon mutual written consent of the City Manager and Consultant. Unit prices shall remain unchanged. Unless earlier terminated in accordance with Sections 7.11 or 7.12 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. Ryder Todd Smith 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 the Assistant to the City Manager or IT Manager, 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
[Note: The insurance amounts listed herein are general limits and higher limits may be required depending on the nature and risks of the project.]
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 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, non-owned, 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.
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 claimsmade 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 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:
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 Intellectual Property and Proprietary Information.
6.4.1. 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.
6.4.2. 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.
6.4.3. 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.
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.
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 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 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: Administration Department
Assistant to the City Manager or IT Manager
4845 Casa Loma Avenue
Yorba Linda, CA 92886
714-961-7110
To Consultant:
TRIPEPI SMITH AND ASSOCIATES, INC.
Attention: Ryder Todd Smith
PO Box 52152
Irvine, CA 92619
626-536-2173
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.
[SIGNATURES BEGIN ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By:
Mark Pulone
City Manager
CONSULTANT:
TRIPEPI SMITH AND ASSOCIATES,
INC.
By:
Ryder Todd Smith
President
By:
Nicole Smith
Chief Financial Officer
ATTEST:
By:
Marcia Brown
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By:
City Attorney, City of Yorba Linda
EXHIBIT A
SCOPE OF SERVICES
Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Scope of Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
The scope of work entails providing professional-level broadcast, video production, and programming services in accordance with task orders issued in support of the City public, education, and government (PEG) channel, Channel 3.
The work, in general, shall include, but not be limited to the following:
A. Task 1 - Broadcast Operations/Programming
• Two regular consultants are to be present to manage all aspects of live video broadcasting at the two (2) regularly scheduled City Council Meetings per month and occasional special meetings (with 24 to 72-hour notice), located at City Hall City Council Chambers, 4845 Casa Loma Avenue. Regularly scheduled meetings are held the first and third Tuesday of the month with a meeting start time of 6:30 p.m. o Assignment of Consultant Personnel - The personnel assigned to the project (i.e. Council Meeting broadcast) must be the same personnel identified at the start of the contract. The Consultant must have the City's written approval prior to making any change in a project team/personnel assigned to a project.
Two technicians will be required until demonstrated to the satisfaction of City staff that one technician can operate the system to the quality required or that only one technician is necessary to meet the needs of the City. o Prior to the broadcast meeting. The consultants are to arrive a minimum of 60 minutes prior to scheduled start time to provide general setup, configuration, and testing of the equipment and ensure live feed is operational. The vendor is to coordinate web streaming with host selected by the City and coordinate all activities with City staff including Cablecast, Zoom, Channel 3, and Escribe technologies.
o Prior to and during the broadcast meeting. The vendor is to handle the following duties as needed: proper equipment operation, monitoring and correcting audio/visual issues with transmission, troubleshooting a variety of technical issues, utilizing Photoshop to create lower third graphics, ensuring integration of related systems (computer for presentations, PA system and microphones, document display equipment, DVD player, audio recording device), and resolving audio issues.
• Oversee and manage broadcast stream and recording that feeds to Escribe Meetings, Public Access Channel 3, AT&T U-Verse Channel 99.
o At start of the broadcast meeting. The vendor is to record the meeting utilizing Cablecast.
o Immediately following the broadcast meeting. The vendor is to record and setup the replay of the meeting, consistent with the set programming schedule.
o Regular Monitoring and Schedule. The vendor is to update the programming schedule as needed to incorporate new content seamlessly within existing programming.
Hourly rate billed will be billed monthly.
B. Task 2 - On-call Broadcast Operations
• Provide on-call live broadcast services for unanticipated broadcasts with less than 24 hours’ notice, which may include but is not limited to natural disasters and emergency City Council meetings. In the event the City must cancel a live broadcast service, the City reserves the right to provide less than 24 hours’ notice.
Hourly rate billed will be billed monthly.
C. Task 3 - As-Needed Technical Advisory
• Provide assistance when issues with the broadcast system (hardware and software) are discovered during a broadcast, assigned personnel need to assess the problem, troubleshoot, and inform City staff of the steps taken and/or current status of the issue.
• Provide recommendations on any functionality or technology that may improve the workflow and efficiency of maintaining and operating the City’s broadcast facilities.
Hourly rate billed will be billed monthly.
D. Task 4 - Video Production
• Provide as-needed video production services, this includes developing, producing, editing, and packaging of content for online distribution. The content may cover various City programs or events in the form of public service announcements, promotional videos, or community meetings. Cost estimate to be provided in advance and approved prior to work beginning on any requested production.
Hourly rate to be billed upon completion of each production.
EXHIBIT B
SCHEDULE OF FEES
Payment shall be on a “Fixed Fee” basis in accordance with the Consultant’s 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 $107,455 except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit" B" shall be adjusted on July 1 of each year in accordance with a five percent (5%) increase or the percentage change in the CPI for the Los Angeles-Long BeachAnaheim MSA ("Index") published by the United States Department of Labor, Bureau of Statistics for the preceding year (December to December)—whichever is higher. The rates may be adjusted at the sole discretion of the City, and upon written request for an increase from Contractor ninety (90) days prior to July 1.
Item Hourly Rates
Hourly Rate for Video Production of Special
Events and Projects (at various locations using
Contractor provided equipment and supplies)
$105/hour
Hourly Rate for Video Production of City Council
Meetings (at City Hall using City provided
equipment and supplies)
$105/hour
Hourly Rates for additional audio support services
at City facilities and special events on an asneeded basis utilizing either City provided audio equipment (1) or Contractor’s own audio
equipment (2).
(1) $105/hour
(2) $105/hour & equipment fees
Other (Please explain): 2023-24 Standard Ad
Hoc Rates
Should the City request a project that requires
more senior resources outside of the scope of
work outlined above, Tripepi Smith can provide a
cost estimate for the work requested using our
standard ad hoc hourly rates.
Principal $350/hour
Director $240/hour
Senior Business Analyst $190/hour
Business Analyst $130/hour
Junior Business Analyst $105/hour
Senior Videographer/Animator $190/hour
Senior Photographer $160/hour
Videographer/Photographer $120/hour
Senior Graphic Designer $175/hour
Graphic Designer $120
Junior Graphic Designer $105/hour
Web Developer $195
Drone Operator $195
Council Chamber A/V Operator $105/hour
Applicable Notes
The majority of the work anticipated to be executed under this contract will be the A/V Operator $105/hour rate, the Videographer/Photographer $120/hour rate and the Senior Business Analyst $190/hour rate. All other rates will only be invoked with authorization from the City upon request and for reasons noted below.
Some services outside of the City’s Council Chambers may require Tripepi Smith to provide A/V equipment and the following fees apply to the following:
● Full-day Equipment Fee: Six-hundred dollars ($600) for a full day of video equipment use (includes full set of video equipment). “Full day” is defined as a shoot lasting four (4) or more hours.
● Half-day Equipment Fee: Four-hundred dollars ($400) for a half day of video equipment use. “Half day” is defined as anything under four (4) hours of video production.
● Live stream equipment fee: Four-hundred dollars ($400) for full video equipment related to Facebook Live stream support (Mevo camera, microphones and iPad/iPhone)
● Broadcast Camera Equipment Fee: One-hundred-fifty dollars ($175.00) fee per Event Broadcast Camera needed for events (ex: $525 for three-camera event).
• Drone Video Production: Any request for drone will use the Drone Operator $195/hour rate and a $500 Drone Equipment fee
• A/V Production Equipment: If the City requests large-scale A/V production services (e.g. 5-camera setup with live switching for a large-scale event such as State of the City), Tripepi Smith will provide costs and equipment fees for the requested large-scale production work.
Tripepi Smith has presented the full availability of its resources on the team for that work.
If Tripepi Smith is called upon to execute something more complex than normal, they may need to use more senior resources to complete the request. As such, consultant will come to the City to authorize use of those resources and authorize additional costs as needed.
Travel Time
No travel time will be billed for Council Chamber recording work that is in scope (e.g. council meetings, special meetings, planning commission meetings, etc.). No travel time is expected for the $105/hour A/V Operator resource and the minimum onsite time is 2 hours.
For other work including video production and out-of-scope work, travel time is billed at the half rate of the resource assigned. No travel time will be billed for a resource who is onsite for over six (6) hours in a single day.
Payment Terms
Tripepi Smith will invoice for time at the end of each month. Terms are net 30 days.
Time at Tripepi Smith is billed in 15-minute increments – i.e. invoiced time in the following examples: 1.25, .75, 4 or 6.5 hours.
Agency Fees
Tripepi Smith is happy to purchase equipment or other reasonable video production
requests on behalf of the City. Tripepi Smith typically has the vendor or company bill the City directly for this type of expense. Tripepi Smith makes no money on the hardware purchases and has no economic interest in the vendor used. If Tripepi Smith is asked to pay the bill for the client to then be reimbursed, we will apply a ten percent (10%) Agency Fee to the reimbursement expense to cover our administrative costs.
EXHIBIT C
SCHEDULE OF PERFORMANCE
Consultant shall complete services presented within the scope of work contained within Exhibit “A” in accordance with the project schedule.
Two regular consultants are to be present to manage all aspects of live video broadcasting at the two (2) regularly scheduled City Council Meetings per month and occasional special meetings (with 24 to 72-hour notice), located at City Hall City Council Chambers, 4845 Casa Loma Avenue. Regularly scheduled meetings are held the first and third Tuesday of the month with a meeting start time of 6:30 p.m.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, AICP
DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: CONSULTANT SERVICES AGREEMENTS FOR REVISIONS TO 2021-2029
GENERAL PLAN HOUSING ELEMENT
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1) Approve Letter of Agreement extending existing contract with Karen Warner Associates (KWA) for preparation of revisions to 2021-2029 General Plan Housing Element; and,
2) Approve 2nd Amendment to existing contract with T&B Planning, Inc., for preparation of CEQA compliance documentation related to revisions to 2021-2029 General Plan Housing Element; and,
3) Approve new Letter of Agreement for consultant services with Tripepi-Smith Associates, Inc. for community engagement and public outreach assistance related to revisions to the 2021-2029 General Plan Housing Element.
BACKGROUND
The City’s 2021-2029 General Plan Housing Element was adopted by the City Council on February 9, 2022, and subsequently was conditionally certified by the State Department of Housing and Community Development (HCD) for compliance with state law on April 8, 2022.
The Housing Element includes a Residential Sites Inventory outlining the proposed rezone plan for meeting the City’s Regional Housing Needs Allocation (RHNA). The rezone plan, in large part, is subject to majority voter approval pursuant to the Yorba Linda Right-to-Vote Amendment (aka Measure B). Accordingly, a related measure (i.e., Measure Z) seeking to affirm the rezone plan appeared on the November 2022 election ballot. Measure Z was not supported by the local electorate and was defeated by a large margin (i.e., 75% against).
State certification of the City’s Housing Element is contingent upon ultimate voter support for a rezone plan that provides sufficient housing capacity for meeting the City’s RHNA (2,415 units). To preserve certification, the Housing Element includes a requirement (i.e., Program 8) to conduct a 2nd Measure B election by November 2024 to make-up any shortfall of sites in the event of an unsuccessful vote in 2022. Program 8 contemplates making adjustments to the rezone plan to respond to community concerns for review and approval by HCD prior to placement on the 2024 election ballot.
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The City originally contracted with Karen Warner Associates (KMA) to assist with preparation of the 2021-2029 General Plan Housing Element. Also, the City contracted with T&B Planning, Inc., to assist with preparing necessary environmental documentation for the Housing Element as required by the California Environmental Quality Act (CEQA). To further assist the City with revising the Housing Element and prepare corresponding additional environmental analysis pursuant to CEQA, as necessary, staff has brought forward contract extensions for both firms for Council’s consideration.
Following the November 2022 election result, Community Development staff began preparing a path forward for consideration by the community and City Council. Obtaining and/or retaining state certification preserves local eligibility for numerous state funding programs, insulates the City from related legal challenges, and prevents loss of local control due to other mechanisms in place to further the state’s interest in solving the housing crisis (e.g., “Builder’s Remedy” which allows developers to submit housing developments for “byright" approval within jurisdictions that do not have a certified Housing Element; and suspension of local planning and building permitting authority, etc.).
Gaining a better understanding of resident concerns will help guide the City’s efforts to adjust the rezone plan in a way that better meets the community’s preferences. Assistance from a public opinion research and survey firm (FM3) initially was considered to inform this effort.
Due to expressed concerns regarding the type of firm that was being considered, however (i.e., a public opinion firm), Council determined that a different approach was appropriate and directed staff seek a firm that specializes in facilitating community outreach and public engagement since the next steps in the Housing Element revision process will require a better level of resident involvement - residents will need to guide the revisions and formulate a plan they believe is the best solution for Yorba Linda.
DISCUSSION
KWA and T&B Planning Contract Extensions
As noted above, staff has prepared contract extensions for KWA and T&B Planning to further assist with revising the Housing Element document and ensuring that the changes comply with CEQA, respectively. It is anticipated that the main revisions to the Housing Element will be adjustments to the sites inventory, including changes to the proposed densities on certain sites and/or introduction of one or more new sites. Therefore, the contract extension for KWA (see attached) is based on time and materials rather than a set scope of work and hard contract cost. Accordingly, the proposed budget includes an estimate of up to 150 hours at KMA’s hourly rate of $215, with a not-to-exceed amount of $32,250. It is further anticipated that the revised Housing Element will take the form of a stand-alone addendum in a redline/strike-through format to easily view changes.
T&B Planning has provided a scope of work that assumes that additional sites will be added to the Housing Element sites inventory. As such, additional technical studies including traffic (both Vehicle Miles Traveled-based and Level of Service-based) and noise analyses will be
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necessary. The sub-task cost estimate for these technical studies is $80,790. Primary tasks required for preparation of an Addendum to the previously certified Housing Element Program EIR would be provided at a not-to-exceed cost estimate of $47,250. Thus, the estimated overall not-to-exceed amount for additional CEQA compliance is $128,040.
Staff has attached contract documents hereto for each of these agreements for City Council’s consideration and to authorize the City Manager to execute.
Tripepi-Smith Contract
Tripepi Smith is a provider of marketing, technology and public affairs consulting services.
Combining years of experience in local government, technology and the marketing fields, Tripepi Smith offers a unique blend of skills to help clients execute their goals. Tripepi Smith specializes in outreach campaigns, video production, content writing, messaging, graphic work, technology infrastructure and websites. Knowing the City wants to have community input and outreach to revise its plan, Tripepi has proposed an initial level of support in assembling and running a Residents Committee on housing. It is anticipated that the work plan will involve holding several meetings over the next few months to develop a revised housing plan that aims to minimize negative impacts to the “look and feel” of the community to the greatest extent possible, while still allowing for preservation of state certification, provided the electorate affirms a new housing ballot measure in November 2024.
Rather than provide a highly structured work plan, Tripepi proposes only the above initial level of support that would be billed on a time and material basis, similar to the previously discussed KMA contract extension (see attached proposal for details). This more flexible structure will allow staff and the consultant to be more responsive to the resident engagement goal and shift focus, as necessary, in order to tailor professional assistance as needs dictate. Accordingly, staff has attached a Letter of Agreement with Tripepi Smith’s proposed scope of work for Council’s consideration. The agreement establishes a not-toexceed cost estimate of $50,000.
It should be noted that staff requested a proposal from Tripepi-Smith without going through the formal Request For Proposal process in accordance with the City’s Purchasing Policy, which allows the City Manager to waive any step in the selection process when it is in the best interest of the City to do so. Because time is of the essence with regard to this process, the City Manager has made such a determination in this case.
ENVIRONMENTAL ANALYSIS
The above-described consulting services contracts would qualify for exemption from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Class 6 (Information Collection). Future related revisions to the 2021-2029 General Plan Housing Element and/or associated rezone plan will be evaluated for further CEQA review in collaboration with legal staff and T&B Planning. The appropriate level of additional CEQA
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compliance will then be prepared once desirable revisions to the Housing Element are defined.
FISCAL IMPACT
Funds for the preparation of the Housing Element and associated special consultant costs have been budgeted under the Planning Division of Community Development’s budget for the current fiscal year. The total combined cost estimate of all three proposed professional services agreements is $210,290. The City submitted and received approval of both Senate Bill 2 and LEAP grant funds in the amount of $630K to assist with Housing Element planning efforts. In addition to prior consultant costs incurred to date, it is anticipated that these grants will cover the proposed consultant costs to offset General Fund expenditures related to overall Housing Element implementation.
ALTERNATIVES
The City Council may request revisions to the scopes of work or cost estimates, or direct staff to engage in competitive bidding for alternate firms. However, staff would remind Council that time is of the essence with respect to engaging the community and developing proposed revisions to the Housing Element in time for the November 2024 election.
ATTACHMENTS
1.) Letter of Agreement – Contract Extension for KWA Associates
2.) 2
nd Amendment to Contract for T&B Planning
3.) Letter of Agreement – Tripepi-Smith
CITY CLERK'S OFFICE
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
It is recommended that the City Council receive and file this report.
DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ATTACHMENTS
1. Reports from City Council Organizations, Agencies and Committees
QUARTER DEC-FEB
REPORT
2022-2023
Presented to the Bridges at
Kraemer Place Community
Advisory Board
Report Period
July 1, 2022 – February 28, 2023 (YTD)
December 1, 2022 – February 28, 2023 (Quarter)
Number Served
Quarter YTD FY2021-22
Number of Unduplicated Clients 184 293 474
Number of Exits 57 166 359
% of Service Capacity Goal (480 annual) 61% 99%
Coordinated Entry System Statistics
*Represents clients active at the end of the report period Number of Active Clients on Community Queue 123
% of Active Clients on Community Queue 91%
Number of Active Clients Matched to a Housing Opportunity 23 % of Active Clients Matched to a Housing Opportunity 16% Total number of unduplicated individuals served year-to-date who have received Permanent Supportive Housing (PSH)
or Housing Voucher through the Coordinated Entry
System:
18 Total number of unduplicated individuals served year-to-date who have received Rapid Re-Housing (RRH) through
the Coordinated Entry System:
0
Program Exits – Summary
Quarter YTD FY2021-22
Positive Exits
Perm, Temp, Institutions except Jail/Prison
6 36 59
Negative Exits
Emergency Shelter, Streets, Jail/Prison
11 28 199
Unknown Exits
Unknown, Deceased
40 102 101
Program Exits – Destination Detail
Benchmark: 30% of clients who exit to a known destination will exit to permanent housing.
Progress toward benchmark: 47% of clients who have exited to a known destination have exited to permanent housing.
Exits to Permanent Housing Quarter YTD FY2021-22
5 30 45
Rental by client, no ongoing housing subsidy 0 3 3
Rental by client, with VASH housing subsidy 0 0 1
Rental by client, with other ongoing housing
subsidy 0 0 5
Permanent housing (other than RRH) for formerly
homeless persons 0 0 0
Rental by client, with HCV voucher (tenant or
project based) 2 18 22
Staying or living with family, permanent tenure 1 7 7
Staying or living with friends, permanent tenure 2 2 2
Rental by client, with RRH or equivalent subsidy 0 0 3
Rental by client in a public housing unit 0 0 2
Exits to Temporary Housing Quarter YTD FY2021-22
1 5 9
Staying or living with family, temporary tenure 1 1 1
Staying or living with friends, temporary tenure 0 1 2
Host Home (non-crisis) 0 0 0
Transitional housing for homeless persons 0 2 4
Hotel or motel paid for without emergency shelter
voucher
0 0
2 Residential project or halfway house with no
homeless criteria
0 1
0 Exits to Institutions Quarter YTD FY2021-22
0 1 6
Foster care home or group foster care home 0 0 1
Psychiatric hospital or other psychiatric facility 0 0 1 Substance abuse treatment facility or detox center 0 1 1 Hospital or other residential non-psychiatric
medical facility
0 0
1 Jail, prison, or juvenile detention facility 0 0 1
Long-term care facility or nursing home 0 0 1
Exits to Homelessness Quarter YTD FY2021-22
11 28 198
Emergency shelter, including hotel or motel paid for
with emergency shelter voucher 1 3 11
Place not meant for habitation (e.g., a vehicle, an
abandoned building, bus / train / subway station /
airport or anywhere outside)
10 25 187
Exits to Other Destinations Quarter YTD FY2021-22
40 102 101
Deceased 0 2 5
Client Doesn't Know/Client Refused 2 2 15
Data Not Collected (no exit interview completed) 38 98 81 Increased Income
Quarter YTD FY2021-22
Participants with Increased Income (at Annual
Assessment)
16 16 10
Length of Stay – Year to Date
Benchmark: National average for shelter stays is 151 days.
Progress toward benchmark: Shelter average is 214 days for the year.
The average length of stay for a successful housing placement is currently: 89 days Total number of shelter bed nights provided year-to-date: 32,596 *The chart above includes duplicate client enrollments
Set Aside Beds
Beds
Available
Monthly Average
Utilization
MHSA Beds 10 76%
Law Enforcement Beds 20 88%
1 21
49 53
62 60
54 0
10 20
30 40
50 60
70 <24 hours 1-7 days 8-30 days 31-90 days 91-180 days 180-365 days >365 days
Client Demographics - YTD
Age
Race
9 58
62 68
57 39
0 10
20 30
40 50
60 70
80 18-24 25-34 35-44 45-54 55-61 62+
208
40 14
17 6
7 1
0 50 100 150 200 250
White
Black or African American
Asian or Asian American
American Indian, Alaska Native, or Indigenous
Native Hawaiian or Pacific Islander
Multiple Races
Client Doesn't Know/Client Refused
Gender
Ethnicity
182
111
Male Female
186
107
Non-Hispanic/Non-Latin(a)(o)(x) Hispanic/Latin(a)(o)(x)
Veteran Status
Chronically Homeless
5 288
Veteran Non Veteran
174
119
Chronically Homeless Non-Chronically Homeless
City Prior to Entry
200
8 12
3 31
6 2
0 23
2 6
0 0 50 100 150 200 250
Anaheim
Brea
Buena Park
Cypress
Fullerton
La Habra
La Palma
Los Alamitos
Orange
Placentia
Stanton
Yorba Linda
South Coast Air Quality Management District Newsletter Spring 2023 Carlos Rodriguez
Cities of Orange County
Governing Board Member
Welcome to my newsletter for the residents and businesses of Orange County. My goal is to help
keep you informed about the policies
and programs at South Coast AQMD
that improve the air quality in our basin,
which benefit you, our cities, and our
economy. If you have suggestions for
improving air quality, or on how we
can do business at South Coast AQMD,
please feel free to contact me at
[email protected].
Sincerely,
Councilmember Carlos Rodriguez,
Yorba Linda City Council
Update on Recent South Coast AQMD Activities
Update on Federal Actions on Air Quality Emissions
Standards and Funding Opportunities
South Coast AQMD has conducted Multiple Air Toxics Exposure Studies (MATES) since 1986 to understand the impacts of air pollution in the region. Each periodic update to the multi-year study helps evaluate overall progress in reducing air toxics and impacts in our region. I’m pleased to announce that planning has begun for a new iteration of the study to be called MATES VI. This study will continue to provide accurate and up-to-date air quality information to enable us to provide balanced policy development to further enhance public heath protection and cleaning up our air, while protecting jobs in our communities. The current version, MATES V, was finalized in 2021.
Also, in February my fellow South Coast AQMD Governing Board members and I passed a modification to Rule 1148.2 to expand notification and reporting requirements for oil and gas wells and chemical suppliers to surrounding communities to ensure the public is aware of any potentially harmful activities. With the modification, notification to the public will be revised from 48 hours to 72 hours prior to the start of drilling, well completion, rework or acidizing of an onshore oil, gas, or injection well. The modifications will also expand notifications to include written communications under certain conditions, in addition to current electronic requirements.
Greetings!
South Coast AQMD adopted the most ambitious Air Quality Management Plan in its history in December 2022. This plan shows that emissions in the South Coast region must be reduced from sources primarily regulated at the federal level to meet national ambient air quality standards for ozone. While heavy duty trucks are currently the top source of emissions of nitrogen oxides (NOx, the primary component to smog), emissions from ships, planes and locomotives continue to grow. By 2037, emissions from these three federallyregulated sources alone will surpass the emissions level required to attain the federal 8-hour ozone standard.
South Coast AQMD continues to advocate at the federal level – including with the White House, Congress, and federal agencies – to reduce emissions from sources that are primarily under federal authority. Following are some recent actions the federal government has taken which affect South Coast AQMD.
In November 2022, the U.S.
Environmental Protection Agency (U.S. EPA)
responded to a 2017 petition by the California
Air Resources Board (CARB), with South Coast
AQMD support, to address NOx and particulate matter emissions from locomotives. U.S. EPA plans to develop both regulatory and non-regulatory options to address pollution from new and existing locomotives.
In response to a 2016 petition led by South Coast AQMD, U.S. EPA adopted a new rule on heavy-duty trucks in December 2022. While South Coast AQMD advocated for more stringent standards, this rule will require new trucks to reduce NOx emissions more than 80%. U.S.
EPA is now working on a follow-up regulation to address greenhouse gas emissions from heavy-duty vehicles, with a proposed rule expected Page 242 of 246 to take effect by 2030.
Newsletter page 2 Spring 2023
BREATHE EASIER:
Outdoor air quality: Check real-time air quality in
your area by downloading the South Coast AQMD
smartphone app at www.aqmd.gov/mobileapp or
visiting: www.aqmd.gov/aqimap. Plan your outdoor
activities when air quality is cleaner.
Pollen: When pollen levels are high (often in the
spring and fall), limit the time you spend outdoors.
Pets and dust: Vacuum and damp dust weekly to
reduce indoor pet allergens and dust mites.
Bedding: Wash all bedding and stuffed animals in
hot water every 1-2 weeks . You can also use
a mattress cover or pillow case cover to reduce
dust mites.
Mold: For small amounts of mold on hard surfaces,
clean using detergent and hot water, or a bleach
solution. Fix water leaks and ventilate bathrooms
and kitchen areas to help prevent mold. Wear
gloves, a facemask, and goggles while cleaning.
Cleaning and personal care products: When
possible, choose cleaning and personal care
products that are fragrance-free.
Tobacco smoke: Contact your healthcare provider
to discuss quitting smoking.
Wood smoke: Avoid burning wood in your
fireplace, fire pit, or wood burning stove.
WAYS TO REDUCE THE RISK OF ASTHMA ATTACKS WHILE AT HOME:
South Coast
Air Quality
Management District
In California, about 4
million adults and 1.2
million children are
diagnosed with asthma
during their lifetime
Both indoor and outdoor
air pollutants can cause
asthma attacks. Inside
triggers can include pet
dander, mold, tobacco
smoke, wood smoke,
strong odors, and dust
mites. Outdoor triggers
include ozone, fine
particles, and pollen.
As always, talk to your
doctor about an Asthma
Management Plan.
REDUCING ASTHMA TRIGGERS
IN AND AROUND YOUR HOME
Stoves: When cooking on a stove or in an oven, use your range hood if you have one and open doors and windows if outdoor air quality is acceptable. Range hoods that vent outside are most effective. Cook on the back burners to increase the amount of pollution captured by the hood. Children in homes with gas stoves have a higher risk of developing asthma than children in homes with electric stoves.
However, despite these actions, the South Coast AQMD needs more reductions from federal sources to meet federal air quality standards.
It is critical that U.S. EPA take more action on sources outside of the South Coast AQMD’s regulatory control.
In August 2022, President Biden signed the Inflation Reduction Act (IRA). South Coast AQMD’s advocacy efforts helped contribute to the inclusion of numerous investments in air quality and clean energy in this landmark legislation. IRA’s funding opportunities include energy efficiency and clean vehicle tax credits; $1 billion in grants to replace medium-duty vehicles with zero-emission vehicles ($400 million set aside for non-attainment areas); and $3 billion to reduce air pollution at ports ($750 million set aside for non-attainment areas). IRA builds on clean-energy investments in the Bipartisan Infrastructure Law (BIL) of 2021. South Coast AQMD has been engaging with Congress, the Biden Administration, and agencies to advocate for uses and allocations of BIL and IRA funding to address air pollution, environmental justice, climate, goods movement and other issues.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: MARY LEWIS, SENIOR COMMUNITY
PRESERVATION OFFICER
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2023/24 FUNDING
RECOMMENDATION
It is recommended that the City Council approve the projects associated with Yorba Linda’s Community Development Block Grant (CDBG) application for Fiscal Year 2023-2024.
Furthermore, the Council may direct staff to submit an application package to the County of Orange Housing and Community Development offices in accordance with the previously approved Cooperation Agreement between the City of Yorba Linda and the County of Orange executed on June 17, 2014.
BACKGROUND
On an annual basis, the City of Yorba Linda participates in the CDBG program, for which the City submits an application for fiscal year funding. The program allocates federal monies for projects aimed at providing assistance to low-moderate income areas or neighborhoods and income-qualified individuals throughout the community.
For many years now the City has participated in a Cooperation Agreement with the County of Orange for joint participation in the City’s CDBG Program. Under this designation as a “Metro City”, Yorba Linda receives its full entitlement amount in accordance with the federal formula which allocates funding to eligible jurisdictions. As a Metro City, the County assists with specific documents, monitoring and reporting requirements and shares in the administrative costs related to the CDBG contracts.
DISCUSSION
The purpose of the CDBG program is to assist communities in providing decent housing and a suitable living environment, and in expanding economic opportunities, principally for persons of low and moderate income. The overriding purpose of the CDBG program is to support “brick and mortar” activities, e.g., acquisition, rehabilitation and preservation, and public improvements and facilities.
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2023/24 FUNDING
P a g e | 2
In accordance with federal requirements and as outlined in the Citizen Participation Plan, the City is required to conduct a public hearing in connection with the application process and allow the community to provide input and suggestions related to the use of CDBG funds for the FY 2023-2024 funding cycle.
The City will have available an estimated $270,096 in regular CDBG funds during the 2023/24 fiscal year. As such, the following programs are proposed for use of CDBG funding:
Use of CDBG Funds Proposed
Allocation
FY 22/23
Allocation
Neighborhood Improvement Program:
Rehabilitation grants to qualified homeowners for general property improvements and repairs to meet local codes, standards, and ordinances. Ongoing program though the Community Preservation Division.
$90,000 $90,000
Senior Nutrition Program:
Operational costs associated with the daily senior lunch program held at the Yorba Linda Community Center. Maximum public service allocation is based upon 15% of the total grant award.
$40,514 $38,779
ADA Improvements (Public):
There are several public parking lots (3) and parks (4) throughout the City that are not up-to-date with ADA requirements. This funding will be used to help offset the costs of bringing the areas identified by the Parks and Recreation Department into ADA compliance.
$85,564 $78,045
CDBG Program Administration:
The overall development, management, coordination and monitoring of the CDBG program. Maximum administration allocation is based upon 20% of the total grant award – 10% to City and 10% to County of Orange.
City allocation:
County allocation:
$27,009
$27,009
$25,853
$25,853
CDBG Award $270,096 $258,530
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2023/24 FUNDING
P a g e | 3
ENVIRONMENTAL DETERMINATION
All aforementioned projects being proposed in the Year 2023-2024 CDBG application have received a preliminary environmental review and will have clearance prepared for each project as categorically exempt.
FISCAL IMPACT
There are no fiscal impacts associated with the public hearing nor the preparation of the application for funding.
The Senior Nutrition Program is a public service program that is capped at 15% of the total CDBG award amount. The program provides a local community benefit by assisting the lower income senior and disabled population within the City with nutritional, balanced and warm meals which they may otherwise not have access to. The annual grant amount is applied to the pro-rata share of part time staff administering the program. Although the City has realized a decline in the annual CDBG allocation amount over the years, the Senior Nutrition Program has been able to maintain service levels and utilize existing community center staff to meet the program needs.
Administrative costs associated with the CDBG program are capped at 20% of the annual grant award. As per the Cooperation Agreement with the County, the City and County equally share in the duties and responsibilities of administering program activities. As such, the City and the County will each receive $27,009 or 10% in CDBG administrative funds during the program year to help offset salaries and expenses associated with program implementation.
Funds related to the FY 2023/24 CDBG programs will be appropriated in the FY 2023/24 budget.
ALTERNATIVES
If City Council would like to reallocate funds from any of the programs, other than the Senior Nutrition Program and the Administration Program, staff can work with the County Board of Supervisors for approvals.
If the City Council were to decide not to participate in the CDBG application process, the funds that the City of Yorba Linda were to receive would then be given to the County of Orange to be distributed through a competitive process to other Orange County cities seeking additional funding.