Yorba Linda City Council
September 19, 2023

Ordinance No. 2023-1107

PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda at a regular meeting held on the 19
th day of September, 2023.
______________________________

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
_______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:
_______________________________

TODD LITFIN, CITY ATTORNEY

RUTAN & TUCKER, LLP

Ordinance No. 2023-1107

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 19
th day of September, 2023, and was
carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: SEPTEMBER 19, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, AICP

DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC.,

FOR COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH
CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029

GENERAL PLAN HOUSING ELEMENT

RECOMMENDATION
It is recommended that the City Council:

1. Approve the amendment to the current Letter of Agreement, amending the existing contract with Tripepi Smith Associates, Inc., for community engagement and public outreach assistance related to revisions to the 2021-2029 General Plan Housing Element; and

2. Approve a supplemental budget appropriation in the Planning Division budget in the amount of $100,000 for Miscellaneous Professional Services.

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 revised 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 second 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

AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC., FOR

COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT P a g e | 2
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.

The City originally contracted with Tripepi Smith Associates, Inc., in April of this year to initiate community engagement and public outreach assistance related to potential revisions to the 2021-2029 General Plan Housing Element at a not-to-exceed amount of $50,000.

Over the ensuing several months, City staff and Tripepi Smith have worked diligently with the community to define a path for moving forward that may be more palatable to residents.

A key part of this initial outreach effort has been the formation of the grassroots Housing Policy Resident Working Group, consisting of seventeen (17) diverse residents from across the community who participated in focused meetings/study over the summer to learn about the complex topic of state housing policy, the pluses and minuses of retaining Housing Element certification, and to develop guiding principles for potential adjustments to the City’s housing plan that might better respond to the community’s concerns. The Working Group’s conclusions and recommendations, in the form of a Final Report, were presented to the City Council at the July 18th City Council meeting. It was emphasized at the meeting that the Working Group’s effort to define a structure or framework for revising the City’s housing plan was just the beginning of an extensive communication and outreach effort, and that the next phase of the overall process would be to extend discussion of their work to the broader community through a vigorous, multifaceted public engagement campaign. Central to this next phase of community outreach is a series of public workshops scheduled to be held through the months of September and October as follows:

Virtual Q&A – Thursday, September 14, 6-8pm
 Zoom Line Available at YLLocalControl.com/Workshops
In-Person Workshop 1 (Central) - Thursday, October 5, 6-8pm  East Lake Village Association (Club House), 5325 Village Center Drive, Yorba Linda, CA 92886
Coffee and Housing Policy Chat - Saturday, October 7, 9-10:30am  Location: Monarch 9 Cafe. 22755 Savi Ranch Parkway, Yorba Linda, CA 92887 In-Person Workshop 2 (East) - Tuesday, October 10, 6-8pm  Travis Ranch School (Multi-Purpose Room), 5200 Via de la Escuela, Yorba Linda, CA 92887
In-Person Workshop 3 (West) - Thursday, October 12, 6-8pm  Yorba Linda Community Center (Yorba Room), 4501 Casa Loma Avenue, Yorba Linda, CA 92886
Planning Commission Meeting - Wednesday, October 25, 2023, 6:30pm  City Hall Council Chambers, 4845 Casa Loma Avenue, Yorba Linda, CA 92886

AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC., FOR

COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT P a g e | 3
In addition to facilitating the upcoming workshop series, Tripepi Smith is assisting City staff with a wide array of additional outreach and communication strategies to be sure that Yorba Linda residents can fully participate in these important discussions while working from a solid base of information and facts about housing policy and underscoring the importance of their future vote on a revised housing element ballot measure. Some of the other outreach strategies currently underway include developing, supporting, and hosting a new housing website (at URL “YLLocalControl.com”), social media postings/monitoring, email blasts, boosted Google ads, community event attendance/booth hosting, City news articles, preparation of an animated educational video, print ad development for newspaper notices and postcard mailers, etc.

The work effort conducted to date has been extensive and successful but has exhausted the initial budget for Tripepi Smith’s contract as of July 31, 2023. To continue to utilize Tripepi Smith’s assistance as the City continues to work closely and engage with the community on this critical issue, staff requests an amendment to the current contract (letter of agreement) and a budget augmentation, accordingly.

DISCUSSION
Based on the timeline and anticipated tasks leading up to possible adoption of a revised Housing Element and potential Measure B election in November 2024, Tripepi Smith has prepared a list of deliverables and activities envisioned to support Phase 2 and Phase 3 (August 1, 2023, through June 30, 2024) of the public engagement and feedback process.

The anticipated scope enumerated below is intended to be flexible and highly responsive to the needs of the community, and may include some or all of the following:

1. Animated Video for education and public information

2. Continue programming of dedicated website, hosting of the website, maintenance and support of the website, content management on the website

3. Graphic design services for social media, flyers, brochures, infographics, mailers, and other needs

4. Content writing and copy editing to support public information

5. Community meeting facilitation and resident engagement services

6. Presentations to City Council, Planning Commission, and other public agencies

7. Project management, coordination and timeline management

8. Collaboration with City-contract survey research firm

9. Development of answers to frequently asked questions

10.Digital advertising management for Facebook, YouTube, Google and others as needed

11.Development of social media content and social media management

12.Handling media relations, press releases and other media communications related to the project

13.Collaboration and engagement with the Housing Policy Resident Working Group members

AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC., FOR

COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT P a g e | 4

14.Other duties assigned and as requested by City Staff related to public transparency and resident engagement efforts on the City's Housing Element project.

It is further anticipated that at least the following work will be delivered with this contract extension: one (1) Q&A webinar, three (3) in-person workshops, a coffee chat, an information resident coffee meeting, ten (10) updates to the City Council, six (6) updates to the Working Group members, review of survey results, website hosting and website support, postcard mailers (mail house fees paid by the City), a presentation to City Planning Commission, attendance at two (2) City Council Meetings, development of a four-page brochure with two update iterations, development and updates on frequently asked questions, and AV support for three (3) in-person workshops, and one virtual workshop.

Staff has prepared a contract amendment (Attachment 1) based on the previously agreed to time-and-materials rates and reflecting the above-described scope of work with a not-toexceed amount of $100,000 to support on-going project efforts for Phase 2 and Phase 3 of the public engagement process for City Council’s consideration and to authorize the City Manager to execute. As a point of reference, Phase 2 and Phase 3 of the public engagement process includes a timeline of August 2023 through June 2024. Phase 4 of this process may commence July 2024 with additional funding to be requested before the start of Phase 4 efforts.

ENVIRONMENTAL ANALYSIS
The requested consulting services contract extension 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 the City’s environmental consultant. The appropriate level of additional CEQA 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 are budgeted under the Planning Division of Community Development’s budget for the current fiscal year. This additional work would augment the overall budget, accordingly; therefore, staff is requesting an appropriation in the amount of $100,000 for miscellaneous professional services (account 101220-431950).

In addition to prior consultant costs incurred to date, it is anticipated that Senate Bill 2 and LEAP grant funds will cover a portion of the proposed consultant costs to offset General Fund expenditures related to overall Housing Element implementation.

AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC., FOR

COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT P a g e | 5

ALTERNATIVE
The City Council may request revisions to the scope of work or cost estimate.

ATTACHMENTS

1. First Amendment to Letter of Agreement Tripepi Smith Associates

2. Original Letter of Agreement Tripepi Smith Associates

September 19, 2023
Ryder Todd Smith, President
Tripepi Smith & Associates, Inc.
15642 Sand Canyon Avenue, #52512
Irvine, CA 92619
Re: First Amendment to Letter of Agreement for Community Engagement and Public Outreach Efforts Around Revised Housing Element Plan
Dear Mr. Smith,
This letter will memorialize and amend the scope of services and contract amount listed in the Letter of Agreement (“Letter”) dated April 18, 2023, by and between the City of Yorba Linda, (“City”) and Tripepi Smith & Associates, Inc. (“Contractor”), an independent contractor to the City of Yorba Linda (“City”) regarding the Community Engagement and Education Efforts (“Services”) for the City’s Housing Element Plan Update (“Project”).

Effective, August 1, 2023, the Letter is amended to add the scope of services as listed in Exhibit A to support Phase 2 and Phase 3 of the public engagement and feedback process. The anticipated scope is intended to be flexible and highly responsive to the needs of the community and may include some or all of the deliverables listed. The anticipated timeline for Phase 2 and Phase 3 of the public engagement and feedback process is from August 1, 2023 to June 30, 2024.

The City and Consultant desire to add the additional scope of services with the contract sum not to exceed an additional one-hundred thousand dollars ($100,000.00). All other provisions, rates, and scope of services outlined in the original Letter, as previously noted, to the extent that they are not in conflict with this first amendment letter, remain unchanged. The Parties irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

Contractor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Contractor hereto. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. A fully executed copy of this Letter of Agreement will be returned to you for your records.

CITY OF YORBA LINDA
By:

Mark Pulone
City Manager

CONTRACTOR
Reviewed and Accepted by Contractor:

By:

Name:

Title:

Date:
[If Corporation, TWO SIGNATURES, President AND Chief
Financial Officer]
Attest:

By:

Marcia Brown
City Clerk
By:

Name:

Title:

Date:

Approved as to form:

By:

Rutan & Tucker, LLP
City Attorney

September 1, 2023
Mr. Mark Pulone, City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
RE: Tripepi Smith Contract Expansion
Mr. Pulone:

As requested, Tripepi Smith is providing a broad estimate of tasks to be completed related to the extensive community outreach work that has been requested for the Housing Element process. Tripepi Smith is prepare to extend our Phase One work that we resulted in the Working Group report to ensure a broader audience of residents are more fully informed about housing policy and policy choices in Yorba Linda. The following scope addresses what Tripepi Smith identified as Phase Two and Phase Three work for the outreach, getting us through both the submission of a Housing Element to HCD and assisting with community feedback as we head toward a potential ballot measure vote (in compliance with Measure B) for the City Council in June or July of 2024.

Potential Scope of Work
Based on the timeline and anticipated tasks leading up to possible adoption of a revised Housing Element and potential Measure B election in November 2024, a list of deliverables and activities envisioned to support Phase 2 and Phase 3 (August 1, 2023, through June 30, 2024) of the public engagement and feedback process is noted below. The anticipated scope enumerated below is intended to be flexible and highly responsive to the needs of the community, and may include some or all of the following:

1. Animated Video for education and public information

2. Continue programming of dedicated website, hosting of the website, maintenance and support of the website, content management on the website

3. Graphic design services for social media, flyers, brochures, infographics, mailers, and other needs

4. Content writing and copy editing to support public information

5. Community meeting facilitation and resident engagement services

6. Presentations to City Council, Planning Commission, and other public agencies

7. Project management, coordination, and timeline management

8. Collaboration with City-contract survey research firm

9. Development of answers to frequently asked questions

10. Digital advertising management for Facebook, YouTube, Google and others as needed

11. Development of social media content and social media management

12. Handling media relations, press releases and other media communications related to the project

13. Collaboration and engagement with the Housing Policy Resident Working Group members

14. Other duties assigned and as requested by City Staff related to public transparency and resident engagement efforts on the City's Housing Element project.

Exhibit A

2 It is further anticipated that at least the following work will be delivered with this contract extension: one (1) Q&A webinar, three (3) in-person workshops, a coffee chat, an information resident coffee meeting, ten (10) updates to the City Council, six (6) updates to the Working Group members, review of survey results, website hosting and website support, postcard mailers (mail house fees paid by the City), a presentation to City Planning Commission, attendance at two (2) City Council Meetings, development of a four-page brochure with two update iterations, development and updates on frequently asked questions, AV support for three (3) in-person workshops and one virtual workshop.

Tripepi Smith would advise a budget of $100, 000 to complete the deliverables outlined above.

I appreciate the City’s strong commitment to a transparent and community-driven process that is seeking to get voices from across Yorba Linda involved in this important dialogue. I have been deeply impressed with the passion of the community members I have worked with, and their commitment to be informed citizens. As such, I am quite excited to extend my work with the City and community.

Regards,
Ryder Todd Smith, President
Tripepi Smith

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APRIL 18, 2023
Mr. Jon Barilone, Principal
Tripepi- Smith& Associates, Inc.
15642 Sand Canyon Avenue, # 52512
Irvine, CA 92619
Re: Letter of Agreement for Community Engagement and Public Outreach Efforts Around Revised Housing Element Plan
Dear Mr. Barilone,
This letter shall be our Agreement regarding the Community Engagement and Education Efforts Around Housing Element Plan described below (" Services") to be provided by Tripepi Smith & Associates, Inc., a California S- Corporation (" Contractor") as an independent contractor to the City of Yorba Linda (" City") for the City' s Housing Element Plan Update (" Project").

The Services to be provided include the following: leading community engagement and public outreach efforts regarding the City' s Housing Element Plan, which are more particularly described in the attached Proposal/ Scope of Services attached hereto as Exhibit " A" and incorporated by this reference.

Contractor shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. 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 Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the hourly rate( s) of:

Principal 330
Director 220
Art/Creative Director 220
Senior Business Analyst 175
Business Analyst 120
Junior Business Analyst 95
Senior Videographer/ Animator 175
Senior Photographer 160
Videographer/ Photographer 120
Senior Graphic Designer 160
Graphic Designer 120
Junior Graphic Designer 95
Web Developer 175
2460/ 009410- 1001
6073413.2 604/ 13/ 23
BIRTHPLACE OF RICHARD M. NIXON -
371

PRESIDENT OF THE UNITED STATES

Drone Operator 175
Council Chamber A/ V Operator $ 95
Unless otherwise specified, the City would directly pay any fees related to advertising, printing or mailing. If the City requests the Contractor pay these fees, the Contractor will add a ten-percent( 10%) Agency Fee to all charges to account for administrative overhead.

In addition, Contractor has fees for video equipment/operation:

Video Equipment, Full Day–$ 600 ( Defined as 4 hours or more) Video Equipment, Half Day–$ 400 ( Defined as under 4 hours) MEVO Fee, per Use–$ 400 ( Excludes operator time, which depends on the Resource)
Drone Fee, per Day–$ 500 ( Excludes Drone Operator time at Drone Operator' s hourly rate)
Contractor will increase the hourly rates for all resources by five percent( 5%) or the" West Region" Consumer Price Index ( CPI)— whichever is higher— each year on the anniversary ofthe contract. If Contractor is requested to be on-site, all travel time to and from Yorba Linda will be billed at half-rate of the on-site resource. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed fifty-thousand dollars 50, 000. 00).

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on" public works" and" maintenance" projects. If the Services are being performed as part of an applicable " public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and ifthe total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies ofthe prevailing rates ofper diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the project site. Contractor 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.

Prior to commencement of the Services, Contractor shall provide proof of Commercial General Liability insurance with coverage at least as broad as Insurance Services Office occurrence" Form CG 0001 and Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 in the amount of$4, 000, 000. The City, its officials, officers, employees, agents and volunteers shall be additional insured with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; ( 2) exclude " contractual liability"; ( 3) restrict coverage to " sole" liability of Contractor; or( 4) contain any other exclusions contrary to this Agreement. Ifthe existing policies do not meet these insurance requirements, Contractor agrees to amend, supplement or endorse the policies to do so. If Contractor is an 2460/ 009410- 1001
6073413.2 a04/ 13/ 23 2-

employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers' compensation coverage as required by the State of California and Employer' s Liability Insurance with a limit of not less than$ 1, 000, 000 per accident for bodily injury and disease. Contractor shall also provide professional liability insurance with minimum limits of $3, 000, 000. Covered professional services shall specifically include all work to be performed under this Agreement and delete any exclusions that may potentially affect the work to be performed. If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three ( 3) years from termination or expiration of this Agreement. Each such policy shall be from a company or companies with a current A.M. Best' s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions ofthe California Insurance Code or any federal law.

Invoices shall be submitted to the City monthly as performance of the Services progresses.

City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project shall begin immediately and be completed by November 30, 2024, unless extended by the City in writing. The City may terminate this Letter of Agreement at any time with or without cause by providing ten( 10) days' written notice to the Contractor. Ifthe City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter ofAgreement for cause only.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, and injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, contractors, subconsultants, or subcontractors arising out of or in connection with the performance of the Services or this Agreement, including, without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses. Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and volunteers. 2460/ 009410- 1001
6073413. 2 a04/ 13/ 23 3-

Contractor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Contractor hereto. If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below.

A fully executed copy of this Letter of Agreement will be returned to you for your records.

CITY OF YORBA LINDA CONTRACTOR
J
Reviewed andAccepted by Contractor:
1 By: / - a e-' By: \ 1c6"•11..

Mark Pulone Name: Ryder Todd Smith
City Manager Title: President
Date: 4/ 25/ 2023
IIICorporation, I W O SIGNATURES, President AND Chief
Financial Officer]
Attest: By: 72.1
r-( `
Name: Nicole Smith
GAC tai
Title: CFO
BY Date: 4/ 25/ 2023
Marcia Brown
City Clerk
Approved as to foorm:

By: a910/
Ruta : Tucker, LLP
City Attorney
2460/ 709410- 1001
6023413 2 a0411323 4-

Exhibit A

TRIPEPI SMITH
marketing• technology• public affairs
Proposal for On- Call Strategic Communications Services

CITY OF YORBA LINDA
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NTMP4CE OF EICHARD NIXON
37111 PRESIDENT OF THE

UNITED STATES
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March 15, 2023
By: Ryder Todd Smith, Co-Founder& President, Jon Barilone, Principal, is iii

TRIPEPI SMITH
Table of Contents
Cover Letter 3
Background 4
Firm Experience 6
Organization Chart 10
Approach to Client Engagements 11
Staff Experience 12
Scope of Work 12
Rate Schedule & Pricing Other Services 14
Resumes 17
CREATIVE SERVICES• Communication• Web• Social Media• Photography• Video• Design 2

TRIPEPI SMITH

COVER LETTER
Thank you for the opportunity to present Tripepi Smith' s services for On- Call Community Engagement Support.

Tripepi Smith is a team of nearly 50 communications experts— robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. We offer a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills. The result:
we have an ability to tell a complete story across mediums, all within our one team. City of Yorba Linda will only need one communications partner.

No other communications firm has the public agency client depth and diversity that Tripepi Smith offers.

Tripepi Smith is a force multiplier for the communication operations of agencies across California, from Napa to Duarte to Coronado and out to Indian Wells. We gain insights from the breadth of our work and share that knowledge with our 150+ public agency clients.

Our firm is unique, mixing technical prowess and policy competency, which yields key advantages:

1. No other public affairs firm in California ( that we can find) has the certifications in social media and digital platforms that Tripepi Smith has. These certifications evidence our superior understanding of these platforms.

2. The breadth of Tripepi Smith' s team—from policy to photography and videography— is rare. This experience benefits each of our clients as we can consolidate practical field experience to deliver insights and ideas for each new client.

3. Tripepi Smith' s work with over 150 public agencies and special districts positions our team to communicate about the spectrum of issues that affect local communities. Moreover, team members understand how to relate these issues to all stakeholders.

Tripepi Smith stands ready to leverage our expertise in support of the City of Yorba Linda team.

Regards,
c\--
4,36,—; 12cm-A&
Ryder Todd Smith
Co- Founder and President Tripepi Smith& Associates, Inc.

PO Box 52152, Irvine, CA 92619
rydercatripepismith. com ( 626) 536- 2173 Fax: ( 949) 679- 8371 CREATIVE SERVICES• Communication • Web• Sonia. Media• Photography• Video• Design 3

TRIPEPI SMITH

BACKGROUND
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand- in- hand with marketing and technical expertise. As a full- service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list. xe

PUBLIC A CREATIVE SERVICES

AFFAIRS MARKETING
A t

TECHNOLOGY
IND
P ytip
At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Full- time creative professionals generate compelling branding, websites, design, social media, photography and video.

The collaboration between Creative Services and Analysts keeps communications engaging and on- message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need.

Grounded in civic affairs: Co-founder and CFO Nicole Smith is a 2nd- generation civic affairs professional ( her father was a city manager for 30 years). Meanwhile, co-founder and president of Tripepi Smith, Ryder Todd Smith, brings over a decade of public agency marketing and communications experience to the table.

Legal Structure and Financial Matters
Tripepi Smith is a California S Corporation. Ownership is equally split between Co- Founders Nicole D. Smith and Ryder Todd Smith.

Tripepi Smith has been incorporated since 2002 and has generated a profit every year it has been in operation. We have never had a legal claim filed against us and have never failed to fulfill a contract commitment.

Implementing Strategy and Engaging Audiences
Tripepi Smith recognizes the important interplay of public affairs and design. It' s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith' s multi-faceted design team enables us to reach these goals and lead effective creative strategy.

CREATIVE SERVICES• Communication• Web• Soda' Media• Photography• Video • Des 9" 4

TRIPEPI SMITH 9
Strategic
Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of solutions that reflect these areas to deliver efficient, technologically driven communication our deep understanding solutions that reflect our deep understanding of local government. of local government." Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community.

Creative
Tripepi Smith' s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non- traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.

Content x Distribution = IMPACT
Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital platforms seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution, there is no impact.

HARM IMPACT 480
WEAK CONTENT x STRONG CONTENT x

WIDE DISTRIBUTION WIDE DISTRIBUTION

SILENCE IRRELEVANCE
WEAK CONTENT x STRONG CONTENT x

NARROW DISTRIBUTION NARROW DISTRIBUTION
CREATIVE SERVICES• Communication• Web• Soclai Media• Pho[ ograohy• Video• Design 5

TRIPEPI SMITH

FIRM EXPERIENCE
Founded in 2000 and incorporated in 2002 as a California Corporation, Tripepi Smith has conducted business for more than 20 years. Our firm understands California, the people, the nuances and differences between the various regions, both politically and personally.

We operate in a virtual office environment. Being virtual allows us to engage the right talent at the right time, enabling us to operate more efficiently to save money for our clients.

Tripepi Smith is unique in its mix of three key Tripepi Smith Testimonial areas: marketing, technology and public affairs.

The firm' s clients include a number of nonprofits, "
public agencies and private companies that
Thanks to Tripepi Smith, we' ve made
significant strides in our outreach. In four
operate within the public sector. Much of years, we' ve achieved several milestones messaging, outreach and advancing policy with the team. happens through digital communications— an area Tripepi Smith fully immerses themselves in our traditional public affairs firms have not been quick situations to get a clear understanding of the developments and challenges that the Paramount
to adopt. Yet Tripepi Smith has jumped in with community faces. They then provide input and online technologies to bring tools that are more recommendations which I have found to be immensely valuable for our City's communication common in the private sector to public agencies. efforts. The team at Tripepi Smith have truly become ,, a valued partner in our City' s ongoing success.

Along with its focus on technologies, the firm is
deeply committed to understanding our clients
and key messaging. Through regular conference John Moreno participation, training and formal classroom work, City Manager, Paramount members of the Tripepi Smith team are wellversed on public policy and California' s political landscape. Our ongoing enrichment in matters of local government and policy enables us to execute more efficiently and craft messaging that is impactful, providing value to our clients.

Tripepi Smith is robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. The result: we have an ability to tell a complete story across mediums, all within our one team. Our wide array of services will allow us to customize outreach for City of Yorba Linda' s unique audience and messages.

CREATIVE SERVICES• Communication • Web• Soo ei Media • Photography• Video• Design 6

TRIPEPI SMITH 9
Our Services
Strategy, Marketing, Communications Creative Services
U Strategic development, research, Full-service graphic design for surveys, messaging digital, print and outdoor
u Social media management v Brand and logo development
t' Web and social media strategy, ta Content generation, writing and optimization ( SEC), metrics editorial
v Web hosting and support L. Output services ( digital
Email campaigns
distribution, print management,
mail management)
V Relations ( media, stakeholders,
iv
public, government)
Photography, illustration and
information graphics
u Support and training for events,
Video and animation
presentations and virtual
gatherings 3 Web design and implementation
u' Community Engagement and
Meeting Facilitation
Google AdWords, LinkedIn and
Facebook advertising
Tripepi Smith Testimonial
66 Tripepi Smith hit the ground running,
bringing ideas to the table and
executing on coronavirus
communications and other critical
community stories.

They were also a huge help to our team
during the Bobcat Fire, including expanding
our capacity for emergency alerts and
Facebook Local Alerts. We look forward to
the positive impact of having two years of
Tripepi Smith' s partnership with the City. 99
DanielnJordan
City Manager, Duarte
CREATIVE SERVICES• Communication• Web• Social Media• Photography• Video• Design 7

TRIPEPI SMITH c)
Client Roster
Tripepi Smith has been selected to work with over 150 local government agencies to help with their communications. We can provide you with contacts at any of these clients, including from the sample below.

Public agency clients we are actively supporting are bolded.

California City Management City of Lomita County of Merced Foundation
City of Lynwood County of Fresno
City of Aliso Viejo
City of Manhattan Beach County of Sonoma
City ofAmerican Canyon
City of Manteca County of Santa Barbara
City of Azusa
City of Martinez County of Kings
City of Bellflower
City of Millbrae California Contract Cities
City of Burlingame
City of Morgan Hill Association
City of Claremont
City of Murrieta CalChoice Energy CCA
City of Coronado
City of Napa California Joint Powers Insurance
City of) Culver City City of Norwalk Authority
Orange City of Cupertino Citrus Heights Water District
City of O
City of) Daly City City of Orinda
Claremont McKenna College
City of Danville
City of Palm Desert Costa Mesa Sanitary District
City of Duarte
City of Palmdale
Del Paso Manor Water District
City of El Cerrito
City of Paramount
El Toro Water District
City of Fountain Valley City of Pismo Beach
Independent Cities Association
City of Foster City City of Placentia
Independent Cities
Finance Authority City of Fullerton City of Pomona
Inland Empire Utilities Agency City of Gilroy City of Rancho Palos Verdes Institute for Local Government City of Grover Beach City of Rancho Mirage League of California Cities
City of Hawaiian Gardens City of Riverbank Municipal Management City of Huntington Beach City of Rolling Hills Estates Association of City of Indian Wells
City of Santa Ana Northern California
City of Industry City of Santa Clarita Municipal Management City of Irvine City of Santa Cruz
Association of
Southern California City of La Canada Flintridge City of Santa Paula City of La Palma Orange County City
Cityof Saratoga9 Manager Association
City of La Puente Cityof Stanton Orange County
City of La Verne City of South Gate Sanitation District City of Lake Forest
City of Tracy Palmdale Water District
City of Laguna Hills
City of Vallejo Rowland Water District
City of Laguna Niguel
City of Vista San Gabriel Valley City
City of Lancaster
City of Walnut Managers' Association
City of Livermore
City of) Yuba City South Orange County Wastewater
Authority
CREATIVE SERVICES• Communication• Web• Soc: al Media• Photography• Video• Design 8

TRIPEPI SMITH c)
Local Government Affiliation and Support
Tripepi Smith is firmly committed to the local government world and actively supports the local government association and professional staff who make cities work. Our sponsorship and affiliation with professional industry groups includes:
u California City Management Municipal Management
Foundation Association of Northern
California
California Association of Public
Information Officials Municipal Management
Association of Southern
League of California Cities California
California Contract Cities t Institute for Local Government Association
u University of Southern California
u Independent Cities Association City/ County Management Orange County City Manager Fellowship
Association
California Special District
ti Cal- ICMA Association
Work Samples
We encourage you to see all the work we have done for clients through our online portfolio at https:// www. tripepismith. com/ work.

Tripepi Smith Testimonial
44 Tripepi Smith has consistently
delivered high-quality writing,
impressive visuals and constructive
insights that benefit our residents.

Indian Wells wants to ensure we communicate
with both residents and businesses, and
Tripepi Smith has helped improve and
heighten our outreach and engagement
efforts for each of those groups.

Chris Freeland
City Manager,
City of Indian Wells
CREATIVE SERVICES• Communication • Web• Social Media• Photography• Video • Design 9

TRIPEPI SMITH

ORGANIZATION CHART
Ryder Todd Smith Nicole Smith
Co-founder& President Co- founder& CFO
CREATIVE SERVICES Katherine Griffiths, APR • Jennifer Nentwig, APR I Jon Barilone Principal, Editorial Lead Principal Principal
Kevin Bostwick Cameron Grimm Jennifer Vaughn i Amy Conrad Creative Director Director Director i Director
IGerstin Wingert Melanie James I Saara Lampwalla Karen Villasenor Sr. Designer, Photography Web, Design, Video l Sr. Business Analyst Sr. Business Analyst Nolan Voge Jenni Wechsler I Sara Madsen Kaitlyn Wu
Video, Photography Graphic Design Sr. Business Analyst Sr. Business Analyst Josh Hemandez Sophie Doane I', Sydni Overly Kaetlyn Hernandez Videography Graphic Design i Sr. Business Analyst Business Analyst Ethan De La Pena John Balliet l i Allison Tom 1 Kevork Kurdoghlian Videography Videography Business Analyst Business Analyst Kylie Sun Cailyn Thompson Melanie Moore Kalee Cummings
Business Analyst Business Analyst Business Analyst Business Analyst Charlie Mounts SkylerAddison Kayla Cao Jacob Lyle
Business Analyst Business Analyst Jr. Business Analyst Jr. Business Analyst Alyson Nichols Amy Gallagher Tristan Thompson Morgan Mock Jr. Business Analyst Jr. Business Analyst Jr. Business Analyst Jr. Business Analyst Luis Verdin Amanda Avery
I
Kendall Lowery Sophia Silane
Jr. Business Analyst Jr. Business Analyst Jr. Business Analyst Jr. Business Analyst Madeline Pettit Noelle Feaster Audrin Baghaie
Jr. Business Analyst Jr. Business Analyst Jr. Business Analyst 9 TRIPEPI SMITH 10
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TRIPEPI SMITH

APPROACH TO CLIENT ENGAGEMENTS
Tripepi Smith begins all engagements with a kickoff meeting with the client to introduce personnel to one another, define Key Performance Indicators ( metrics, goals and timelines), review project management processes and ensure each team member has a full understanding of their responsibilities.

Tripepi Smith primarily uses the following tools to
manage projects:

Tripepi Smith Testimonial
Google Suite for email, creating real- time "
collaborative documents, and instant
messaging; Tripepi Smith is a strong partner for the City DialPad or Zoom for conference calls; of Tracy.

Hootsuite and Sprout Social for social
Their understanding of local
media management; government and design continues to
Meltwater for social media and media bring tremendous value to our monitoring; comprehensive communication and
Mavenlink for project/ task management, marketing efforts. internal project status updates, and time
entry.

These project management tools enable project
managers to quickly determine a project' s budget Jenny Haruyama City Manager, status, review the schedule of tasks and send rapid City of Tracy
notifications to the whole team if issues arise.

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TRIPEPI SMITH

STAFF EXPERIENCE
President Ryder Todd Smith with assistance from Principal Jon Barilone will act as account and strategy leads.

Ryder will also provide his cell phone number to staff and remain available to provide 24- 7 to answer questions, develop strategies and otherwise advance the engagement.

Of course, Tripepi Smith is a collaborative firm, with many available skillsets. Resources will be brought to the table when necessary to aid City in telling its story. Additionally, should this engagement evolve into a longer term retain type arrangement, then we will likely source other talent to provide routine communications at a more optimal price point.
1111
1 Ryder Todd Smith Jon Barilone

SCOPE OF WORK
Tripepi Smith is proposing to assist the City with community engagement, outreach, and community committee staff support to advance a conversation about the future of housing in the City of Yorba Linda. Our work is to focus on the City' s Housing Element and a much broader discussion about the state of policy and legal risks and quality of life concerns related to state- mandated housing policy.

Our community facilitation and engagement work will seek to find common ground and a shared understanding of the difficult policy challenge affecting every City in California. The results of this work should aid the Community Development Department with additional community insights and feedback that will inform the Housing Element process and aid the Planning Commission and City Council in their policy work.

Tripepi Smith will work with City Staff to develop a more defined work plan and scope. Our time and materials approaches maximizes flexibility for all parties to be responsive to this changing landscape.

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Team Member Role Description
Ryder Todd Smith Ryder has over 20 years of experience in government relations, Principal technology and marketing. As president, he leads Tripepi Smith and is Role: Strategy the ultimate project owner of its clients, which span over 90 public, private and non- profit agencies. Ryder is also the creator of the City Internet Strategies Study, publisher of the Civic Business Journal and a frequent speaker on the local government circuit. Additionally, his Based in Tustin, CA insights have been published by industry- leading publications, such as Western City Magazine and Public Management Magazine, and local government professional organizations, such as the California City Management Foundation and Municipal Management Association of Northern California have recognized and awarded his support as a longtime partner.

Before Tripepi Smith, Ryder served as a senior vice president of operations and chief information officer for a software- as- a- service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm.

Ryder is a former planning commissioner for the City of Tustin. He resides in Ladera Ranch with his wife, daughter( who is currently away at college) and dog.

Jon Baritone Jon has a wide- ranging knowledge and skill set from years of Internet Principal marketing and marketing communications work in a variety of Role: Account industries. Jon' s professional background includes search engine management lead optimization and advertising, website content management, content writing and editing, product marketing management, and significant experience with social media marketing and community management.

Based in Aliso Viejo, His clients include the California City Management Foundation, City of CA Culver City, City of Hawaiian Gardens, City of Manteca, City of Napa, and Civiltec Engineering. Jon graduated from Claremont McKenna College with a Bachelor of Arts in Literature.

Jon is certified in Hootsuite' s Social Marketing, Twitter' s Flight School and Flight School Video, Siteimprove' s Digital Governance by Design, Sprout Social' s Agency certification, as well as Google' s Ads Video, YouTube and Google My Business.
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RATE SCHEDULE & PRICING OTHER SERVICES
Tripepi Smith plans to use our rates (listed below) to be available for any near-term community engagement projects work. Should the City decide to engage Tripepi Smith to provide more consistent and routine communication support, we can later identify a more defined scope of work and offer a fixed price if desired.

Tripepi Smith would advise a budget of$ 50, 000 and will advise the City on spend rate and any changes or scope changes that affect the budget. City Staff must authorize the work or list of tasks.

Hourly - Standard Hourly — Retainer*
Principal 330 295
Director 220 215
Art/ Creative Director 220 215
Senior Business Analyst 175 165
Business Analyst 120 110
Junior Business Analyst 95 90
Senior Videographer/ Animator 175 ' 165
Senior Photographer 160 135
Videographer/ Photographer 120 100
Senior Graphic Designer 160 145
Graphic Designer 120 100
Junior Graphic Designer 95 90
Web Developer 175 165
Drone Operator 175 165
Council Chamber A/ V Operator 95 90
Clients with a retainer of at least$ 6, 750/ month have access to the discounted " Retainer Rates" for Time & Materials ad hoc work.

Time and Materials Billing
Any requested ad hoc work will be invoiced at the end of the month in which the work was done. Terms are net 30 days.

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Fixed price project work will be invoiced based upon a payment schedule specified at the time of the project proposal. This will also be net 30 days.

Time & Materials Billing Increments
For ad hoc work, time at Tripepi Smith is billed in 15- minute increments— i. e. we invoice our time in the following examples: 1. 25, 0. 75, 4.0 or 6. 5 hours.

Time & Materials Billing Increments
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent ( 5%) or the " West Region" Consumer Price Index— whichever is higher— each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.

Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production- related fees that may come up during our engagement that we want to tell you about.

Travel Costs
Travel costs must be pre- authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource' s applicable Hourly Rate.

Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.

Equipment costs below exclude operator time, which depends on the resource and will be billed separately.

The following equipment rates apply:

Half Day Full Day
Video Equipment 400 600
Drone Equipment N/ A 500
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.
400 for a half day of video equipment use. Half day is defined as anything under four( 4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed. 500 per day drone fee applies and is not inclusive of the drone operator time ( Drone Operator rate).

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TRIPEPI SMITH
Service Fees
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent( 10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:

Print Costs: Tripepi Smith is happy to use a printer of the client' s choosing for print production work, or to recommend a printer with whom we have experience.

Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.

Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazines or websites.

Media Monitoring: Tripepi Smith offers is Media Intelligence Services powered by Meltwater. Fees vary from 250 for a search of relevant reporters from the database to $ 1, 500+ a month for extensive media monitoring and research. See rate schedule at https:// www.tripepismith.com/ media- intelligence/ Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third- party resources to record voiceovers for videos, generate closed captions for videos, and for non- English language translations.

Tripepi Smith Partnership Discounts
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:

PublicCEO
digital news about public affairs, reaching over 10,000 California government executives https:// www. publicceo. com
Civic Business Journal
digital interest stories about the people in local government https:// www. civicbusinessjoumal. corn
FlashVote
planning, implementing, measuring civic surveys
https:// www. flashvote. com
TS Talent Solutions
talent search services for local government and related agencies hups:// www. tstalentsolutions. com/
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TRIPEPI SMITH

RESUMES

RYDER TODD SMITH
TRIPEPI SMITH— PRESIDENT 11/ 00— PRESENT
Provide communications advice, strategy and execution services to a range of small to mid- sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals
MAVENT INC— SENIOR VICE PRESIDENT, OPERATIONS 5/ 05— 11/ 09 Responsible for quality assurance, technology operations and internal infrastructure organizations Built team of technology professionals to manage multi- site production environment at co- location facilities.

Managed vendor relationships and reviewed all invoices
Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security Developed and managed the departmental budgets for three groups MAVENT INC— VICE PRESIDENT, MARKETING 08/ 04— 05/ 05
Managed the Company' s outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications
Developed and managed the marketing budget
MAVENT INC—VICE PRESIDENT, GOVERNMENT RELATIONS 02/ 03- 08/ 04 Monitored nationwide political activities that were pertinent to Mavent' s interests Developed relationships with third- party interest groups that impacted the Company' s product Participated in industry conferences and represented the Company at industry events OLYMPIC STAFFING SERVICES— INFORMATION TECHNOLOGY MANAGER 01/ 98— 11/ 00 Managed and controlled all aspects of the technology environment at this five- location, 35- employee company
NORTHROP GRUMMAN CORPORATION— GOV' T REPRESENTATIVE 07/ 97— 12/ 97 Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman
Developed agendas to target upcoming legislative issues Assisted in lobbying work and development of testimony

EDUCATION
CLAREMONT MCKENNA COLLEGE— CLAREMONT, CA
Bachelor of Arts in Politics— Philosophy— Economics with Dual in Economics o Cum Laude Honors
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TRIPEPI SMITH

JON BARILONE
TRIPEPI SMITH - PRINCIPAL 03/ 15 - PRESENT
Provide key account project management, strategy and support for communication and marketing initiatives Develop content, direct staff and manage timely deliverables to ensure results for clients Mentor talent and provide innovative leadership on new marketing efforts and platforms CONNECTED LEARNING ALLIANCE - COMMUNITY MANAGER 09/ 11 - 03/ 15 Lead development and reporting of metrics for measuring growth of a distributed, international community Oversaw all aspects( programming, production, etc.) of webinar series that reached over 135 countries CORINTHIAN COLLEGES - SOCIAL MEDIA SPECIALIST 07/ 09 - 09/ 11 Grew and managed online communities that spanned three brands with over 30, 000+ total members Developed brand sentiment scoring system to produce customized monthly reports for executives SEOP, INC. - DIRECTOR OF ONLINE REPUTATION MANAGEMENT 04/ 08 - 05/ 09 Spearheaded brand- new company service, turning it into a$ 200,000+ business within one year Improved client retention rates& decreased client attrition rates by enhancing company' s own digital footprint

EDUCATION

CLAREMONT MCKENNA COLLEGE - CLAREMONT, CA
Bachelor of Arts in English/ Literature

PROFESSIONAL DEVELOPMENT
CAPIO " Social Media Academy for Government Communicators" Workshop 03/ 19 Nextdoor for Public Agency Administrators Training 11/ 18 CAPIO" Back to Basics- for PIOs by PIOs" Workshop 10/ 16 UCI Extension Public Policy Making Academy II 05/ 16
USC Executive Education Forum for Policy and Administration 11/ 15 Davenport Institute for Public Engagement and Civic Leadership- Advanced Public Engagement for Local Government 07/ 21
CAPIO Emergency Communications Academy 05/ 22

CERTIFICATIONS
Siteimprove Academy: Digital Governance by Design 10/ 20 Google Ads Video 04/ 20
Twitter Flight School Video 04/ 20
UDEMY: The 2019 Complete SEO Course 08/ 19
Google Academy for Ads: YouTube& Google My Business 04/ 19 Twitter Flight School 05/ 18
Hootsuite Social Marketing 03/ 16
Sprout Social Agency 04/ 21
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marketing- technology- public affairs

PARKS AND RECREATION DEPARTMENT
DATE: SEPTEMBER 19, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JULIO PALACIOS, RECREATION SUPERVISOR
SUBJECT: APPROVE AN AMENDMENT WITH ADVANTAGE MAILING LLC FOR

PRINTING SERVICES OF THE QUARTERLY PARKS AND RECREATION

ACTIVITY GUIDE

RECOMMENDATION
It is recommended that the City Council approve Amendment No. 2 with Advantage Mailing LLC for printing services with the Parks and Recreation Department.

BACKGROUND
A competitive bidding process was released to vendors in October 2021. This process included the preparation of specifications to solicit bids for printing, binding, and packaging the Activity Guide. Specific requirements were set forth within the bid packets and vendors were evaluated based on various factors including their experience, cost of services, and ability to meet and work with the production schedule of the Activity Guide. After review of the bids received, Advantage Mailing LLC was selected as the preferred vendor and an agreement was entered into with Advantage Mailing LLC for printings services (Attachment 1) and a subsequent Amendment No. 1 (Attachment 2) which is scheduled to expire November 1, 2023.

DISCUSSION
The Parks and Recreation Department’s Activity Guide is a quarterly brochure that contains general city information and a listing of classes, activities, and special events offered by the Parks and Recreation Department. Approximately 24,000 Activity Guides are mailed to every household in Yorba Linda quarterly with additional copies made available at each city facility. In addition, other publications such as the Yorba Linda Cultural Arts for All newsletter use contracted printing services due to quality of production and the number of copies printed. The original agreement identified a total cost for services of approximately $69,000, based on the quantity and page count identified in the request for proposal, which is less than what was printed. The costs to print only increased due to the increased quantities ordered, of approximately 28,000 Activity Guides, and an increase page count for each edition.

APPROVE AN AMENDMENT WITH ADVANTAGE MAILING LLC FOR PRINTING SERVICES

OF THE QUARTERLY PARKS AND RECREATION ACTIVITY GUIDE
P a g e | 2

FISCAL IMPACT
Administrative Policy A-F-5- Purchasing, Bidding, & Contracting, require City Council approval for professional services contracts of this amount. Staff recommends extending the current agreement for one (1) additional year, Amendment No. 2 (Attachment 3), with the possibility to extend for an additional two (2) one-year renewal periods with City Council authorization. Printing services are annual expenditures and are included in the Parks and Recreation adopted budget. The total fiscal impact for a one-year period is $105,000, or approximately $315,000 over the remaining possible extensions of the agreement.

ALTERNATIVES
Do not approve the agreement and provide further direction to staff.

ATTACHMENTS

1. Original Agreement

2. Amendment No. 1

3. Amendment No. 2

1 AMENDMENT NO. 2 TO THE
OCTOBER 21, 2021 AGREEMENT

BETWEEN

ADVANTAGE MAILING AND THE CITY OF YORBA LINDA FOR

PRINTING SERVICES FOR THE QUARTERLY RECREATION

AND PUBLIC LIBRARY ACTIVITY GUIDE
THIS AMENDMENT NO. 2 is made and entered into this 19
th day of September
2023, by and between the City of Yorba Linda (“City”) and Advantage Mailing (“Consultant”). WITNESSETH:

WHEREAS, the City and Consultant entered into an Agreement for Professional Services dated October 21, 2021 (“Agreement”) to provide printing services for the quarterly Recreation and Public Library Activity Guide; and WHEREAS, the City desires to extend this Agreement through November 1, 2024. The contract may be extended for two (2) additional one (1) year periods upon mutual approval between the City staff and quarterly activity guide printing consultant.

NOW, THEREFORE, it is mutually understood and agreed by City and Consultant that the Agreement is hereby amended in the following particulars:

1. Exhibit “B” of the Agreement entitled “Schedule of Services” will be amended to reflect the production schedule for 2024 as provided on Attachment “A” of this amendment.

2 2. The total compensation for the scope of services, Exhibit “A” of the Agreement, provided pursuant to this Amendment No. 2 shall not exceed one hundred and five thousand dollars ($105,000), otherwise approved in writing by the City.

IN WITNESS WHEREOF, the City and Consultant have caused this Amendment No. 2 to the Agreement to be executed on the date first written above.

CITY OF YORBA LINDA ADVANTAGE MAILING LLC
By: By:

Gene Hernandez
Mayor
Name:

Title:

Attest:
[If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED]
By:

Marcia Brown By:

City Clerk
Name:

Title:

Approved as to Form:

By:

Rutan & Tucker LLP
City Attorney
Amendment No.2
October 2021 Agreement between City and Advantage Mailing LLC

Attachment A

PUBLIC WORKS DEPARTMENT
DATE: SEPTEMBER 19, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER PREPARED BY: TONY WANG, P.E., TRAFFIC ENGINEERING MANAGER SUBJECT: RESOLUTION NO. 2023-5861 APPROVING THE TEMPORARY STREET

CLOSURES OF MAIN STREET AND ARROYO STREET

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2023-5861, approving the request to close Main Street from just north of the Yorba Linda Town Center entrance to Lemon Drive and Arroyo Street from Main Street to School Street.

BACKGROUND
Staff has received a request from Ms. Christy Pardini of Farm and Craft Market Inc. to close Main Street, from just north of the Yorba Linda Town Center entrance to Lemon Drive and Arroyo Street from Main Street to School Street for the Boots on Main special event. The requested street closures will take place from 1 PM to 10 PM on September 30, 2023.

DISCUSSION
Main Street is a two-lane local street with one travel lane in each direction. On-street parking is allowed on both sides of Main Street. Arroyo Street is a two-lane roadway with one travel lane in each direction. On-street parking is not allowed.

Staff has no objections to the request subject to compliance by the applicant to all of the requirements in Traffic Commission Policy No. 36, and additionally subject to compliance with the following conditions:

1. Applicant shall obtain an encroachment permit from the City.

2. Applicant must submit a certificate of liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence with a two-million-dollar ($2,000,000) aggregate. The certificate must name the City of Yorba Linda, its agents, officials, and employees as an additional insured.

3. Applicant must also agree to hold harmless the City of Yorba Linda and any of its agents, officials or employees against all liabilities, judgments, costs and expenses which might arise as a result of the issuance of the street closure permit.

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4. A Traffic Control Plan signed by a licensed Civil Engineer or Traffic Engineer will be required. The street closure shall conform to all applicable requirements of the State of California Manual on Uniform Traffic Control Devices (MUTCD). The closure of the street shall include a positive barrier, such as barricades or parked cars, at each closed end to further enhance safety without blocking access for emergency vehicles.

5. Provisions for emergency vehicle access shall be maintained at all times.

6. A temporary use permit will be required. Prior to issuance of a permit, the applicant shall notify the Orange County Fire Authority and the Orange County Sheriff’s Department in writing and obtain written approval with conditions, if any, for the event. Applicant understands that the Sheriff’s Department approval may require the assignment of Sheriff Deputies. If this is necessary, the applicant will be responsible for payment directly to the Orange County Sheriff’s Department for services rendered.

7. Applicant shall notify the Orange County Fire Authority and the Orange County Sheriff’s Department not less than 72 hours prior to the physical street closure and no later than two (2) hours after all signs and devices have been removed.

Traffic Commission reviewed and unanimously approved this request at their August 24, 2023, regular meeting.

FISCAL IMPACT
There is no direct fiscal impact.

ALTERNATIVES
The Council may deny the temporary street closure request and direct staff to coordinate with the requestors with regard to the denial. The Council may also direct staff to proceed with a modified version of the proposed closure, or other options as directed by the City Council.

ATTACHMENTS

1. Attachment 1 - Resolution No. 2023-5861

RESOLUTION NO. 2023-5861

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, APPROVING THE

TEMPORARY STREET CLOSURES OF MAIN STREET

AND ARROYO STREET
WHEREAS, Staff has received a request from Ms. Christy Pardini of Farm and Craft Market Inc. to close Main Street, from just north of the Yorba Linda Town Center entrance to Lemon Drive and Arroyo Street from Main Street to School Street for the Boots on Main special event; and
WHEREAS, The requested street closure will take place from 1 PM to 10 PM on September 30, 2023; and
WHEREAS, Traffic Commission reviewed and unanimously approved this request at their August 24, 2023 regular meeting; and
WHEREAS, staff recommends approval with specified conditions for implementing the closure; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda approves the request by the Farm and Craft Market Inc. to close Main Street from just north of the Yorba Linda Town Center entrance to Lemon Drive and Arroyo Street from Main Street to School Street for the Boots on Main special event on September 30, 2023, from 1:00 p.m. to 10:00 p.m.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 19
th day of September, 2023.
__________________________

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP

RESOLUTION NO. 2023-5861
PAGE NO. 2
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 19
th day of September, 2023, and was
carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

PUBLIC WORKS DEPARTMENT
DATE: SEPTEMBER 19, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E. DEPUTY DIRECTOR PUBLIC WORKS SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO NCE ENGINEERING FOR PREPARATION OF THE 2024 CITYWIDE PAVEMENT

MANAGEMENT (PMP) PROGRAM

RECOMMENDATION
It is recommended that the City Council:

1. Approve a supplemental budget appropriation of $27,890 from the unappropriated reserves of the Measure M2 Fund (212) with a corresponding increase to the Pavement Management Program Project budget (SI241006); and

2. Award a professional services agreement to NCE Engineering in an amount not-toexceed $128,600 for preparation of the 2024 Citywide Pavement Management Program (PMP); and

3. Authorize the City Manager to approve additional expenditures up to $19,290 (15% of agreement amount) in agreement contingencies for potential additional services and, for a total potential agreement amount not-to-exceed $147,890; and

4. Authorize the City Manager to sign and execute the Professional Services Agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of Council.

BACKGROUND
The Pavement Management Program (PMP) is a requirement of the Orange County Transportation Authority (OCTA) for the City to remain eligible for Measure M local fair share and competitive grant funds. Per OCTA guidelines, the City is required to provide an updated PMP Report once every two years.

The PMP is a valuable tool that allows for the planning and programming of street maintenance throughout the City’s entire roadway network. The PMP update includes an assessment of the current roadway conditions and forecasts roadway deterioration. The

A W A R D O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T T O N C E E N G I N E E R I N G F O R P R E P A R A T I O N O F T H E 2 0 2 4 C I T Y W I D E

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report analyzes various funding scenarios and provides data that aids in decision-making on maintenance treatment options. The PMP is updated on a biennial basis through efforts that include field inspections to determine the best and most efficient maintenance strategy for long-term asphalt preservation.

Ordinarily, the City’s PMP includes physical inspection of all arterial roadways and 1/3 of all residential roadways for the base line inspection. The remaining residential roadway conditions that are not physically inspected are projected through the PMP modeling software. As part of the standard PMP, a total of 3 budgetary scenarios are evaluated for the roadway network.

For 2024, the PMP proposes to include additional scope to provide more realistic (not projected) data and enable more current, detailed decisions in the overall management of the City’s roadway network. These additions include:
- Inspection of an additional 1/3 of residential roadways - Additional budgeting scenarios with varying constraints (up to 7 budgetary scenarios).

These additional scenarios will provide more options for the City to create a sustainable budget scenario for future APPP zone work
- Development of a focused work plan that will streamline the planning level analysis (PMP) vs. design analysis
Additionally, the focused work plan item above will be used to fine tune the PMP document so that it aligns well with the actual design scope and cost for the annual zone projects. The PMP Report provides citywide data that is used in making budgetary recommendations to optimize the use of funds in maintaining the City’s roadway infrastructure.

DISCUSSION
City staff conducted a solicitation for provision of professional services required to complete the PMP document for the City. Proposals were requested from multiple firms and a total of two (2) proposals were received for this service. The proposals were evaluated based on multiple criteria including experience, professional qualifications, and competence as outlined in the Yorba Linda Municipal Code. Based on the criteria, NCE Engineering was selected as the recommended consultant since they demonstrated the ability to meet the City’s Request for Proposal. In addition, NCE’s proposal was the most closely aligned to the specific needs of the City regarding budgetary scenario strategies and comprehensively incorporating maintenance history into the analyses. NCE clearly understood the City’s need for a refined PMP to ensure consistency in planning vs. design level analyses (via the focused work plan effort). NCE’s proposal also included scope and effort level consistent with what was expected among the various tasks in the RFP. NCE’s team has prepared numerous PMP’s for other Orange County cities, including Yorba Linda’s for the last cycle and they carry the necessary certifications from OCTA to conduct the desired work.

NCE distinguished themselves as their proposal includes a balanced and comprehensive effort between field inspection efforts and the analysis of the field data. Their proposal was

A W A R D O F A P R O F E S S I O N A L S E R V I C E S A G R E E M E N T T O N C E E N G I N E E R I N G F O R P R E P A R A T I O N O F T H E 2 0 2 4 C I T Y W I D E

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deemed most responsive to the scope of services requested and competitive against the other proposal received.

FISCAL IMPACT
An available project budget of $120,000 is programmed within the Fiscal Year 2023/2024 CIP budget under project SI241006 (Account 4010050-461620). In order to fully fund the project, including the recommended contingency amount, it is staff’s recommendation that Council approve a supplemental appropriation of $27,890 from the unappropriated reserves of the Measure M2 Fund (212) with a corresponding increase to the project budget.

ALTERNATIVES
Do not award the contract; however, this is not recommended because the City would not be able to fulfill its obligation to OCTA and would potentially be deemed ineligible for Measure M funds.

ATTACHMENTS
Attachment 1 – NCE Engineering (Agreement)

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Project Name/No.: Citywide Pavement Management Plan Contract No.: ____________

Dept./Contract Rep: PW / Rick Y. Approved: 09/19/2023

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of September 19, 2023, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and NCE, a “a California corporation” (“Consultant”).

NOW THEREFORE, the parties hereto agree as follows:

SECTION ONE: SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Citywide Pavement Management Plan, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.

1.2 Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefor.

1.3 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).

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1.4 Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment, or personal property included within the services herein shall be of good quality, fit for the purpose intended.

1.5 Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.

1.6 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.

SECTION TWO: COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Twenty-Eight Thousand Six Hundred Dollars ($128,600.00) (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation.

Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

2.2 Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.

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SECTION THREE: PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

3.4 Term. The term of this agreement shall commence upon execution of this agreement and terminate upon completion of the project (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.11 or 8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.

SECTION FOUR: COORDINATION OF WORK

4.1 Representative of Consultant. Vivek Jha, Project Manager, is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith. A substitution of the designated representative must be approved in advance by the City.

4.2 Contract Officer. The Contract Officer shall be Rick Yee, Deputy Director of Public Works/Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

SECTION FIVE: INSURANCE AND INDEMNIFICATION

5.1 Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain

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all such insurance in full force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent or as otherwise approved by City.

5.2 Consultant shall take out and maintain the following insurance:

5.2.1. Workers' Compensation and Employer's Liability Insurance: Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
(a) “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” (b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non-renewed or materially changed for any reason by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.”

5.2.2. Commercial General Liability Insurance providing coverage in the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. (b) Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). (c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.

5.2.3. Comprehensive Automobile Liability Insurance, including owned, nonowned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
(a) Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. (b) Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.

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5.2.4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors, or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement.

Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the contract work. Consultant shall purchase a one-year extended reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.

5.3 Endorsements: The policies of liability insurance provided for in Paragraphs

5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
(a) “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
(b) “This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non-renewed, or materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage.” (c) “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
(d) “Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.” (e) “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.”

5.4 Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City the original policies of insurance required by this Section 5 or a certificate of the insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein, and copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a

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signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.5 Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.

5.6 Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.

5.7 Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.

5.8 Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement.

The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.

5.9 Indemnification. Consultant shall indemnify, defend, and hold City and City's agents, officers, and employees (“City Personnel”) harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:

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5.9.1. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney's fees incurred in connection therewith, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.

5.9.2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..

5.9.3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..

SECTION SIX: RECORDS, REPORTS, AND INTELLECTUAL PROPERTY.

6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.

6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

6.3 Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.

6.4 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect.

6.5 Intellectual Property and Proprietary Information.

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6.5.1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.

6.5.2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.

6.5.3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used, or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

SECTION SEVEN: RELEASE OF INFORMATION/CONFLICTS OF INTEREST.

7.1 Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

7.2 Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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7.3 Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

7.4 Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents, or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement.

Consultant further covenants that neither it nor any of its officers, employees, agents, or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES.

8.1 Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.

8.2 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.

8.3 Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

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8.4 Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation.

Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.

8.5 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.6 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.7 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.

The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.

8.8 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.

8.9 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver.

City's consent or approval of any act by Consultant requiring City's consent or approval shall not

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be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.11 Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.

8.12 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.

8.13 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.14 Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.

8.15 Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to

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City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.

8.16 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.

If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

8.17 Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.

SECTION NINE: MISCELLANEOUS

9.1 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing.

Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.

To City: CITY OF YORBA LINDA
Attention: Rick Yee, Deputy Director of Public
Works/Assistant City Engineer
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: NCE
Attention: Vivek Jha, Project Manager
17050 Bushard Street
Suite 200
Fountain Valley, CA 92708

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9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.

9.3 Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.

9.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.

9.6 Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

9.7 Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.

9.8 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, (2) the Consultant’s signed, original Proposal dated August 17, 2023 (“Consultant’s Proposal”), and (3) the City’s Request for Proposals, dated July 27, 2023 (“City’s RFP), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal and the City’s RFP, which are both attached hereto as Exhibits “A” and “B”, are hereby incorporated by reference, and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s RFP shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the City’s RFP (Exhibit “B”) and (3rd) the provisions of the Consultant’s Proposal (Exhibit “A”). [SIGNATURES BEGIN ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY:

CITY OF YORBA LINDA
By:

Its:

CONSULTANT:

NCE
By:

Name:

Title:

ATTEST:

By:

Marcia Brown, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
By:

City Attorney, City of Yorba Linda
By:

Dianna Honeywell, Finance Director

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EXHIBIT A

SCOPE OF SERVICES

August 17, 2023
Citywide Pavement Managment Plan
City of Yorba Linda

PROPOSAL TO PROVIDE
Submitted By:

Fountain Valley Office
17050 Bushard St. Suite 200
Fountain Valley, CA 92708
Phone: 714.848.8897

Fountain Valley, CA
17050 Bushard Street, Suite 200
Fountain Valley, CA 92708
(714) 848-8897
August 17, 2023
Mr. Rick Yee, PE
Deputy Director of Public Works/Assistant City Engineer City of Yorba Linda
4845 Casa Loma
Yorba Linda, CA 92886
Proposal sent via email to: [email protected] Proposal – Citywide Pavement Management Plan
Dear Mr. Yee and Members of the Selection Committee:

NCE understands the City of Yorba Linda (City) desires a qualified firm to provide professional engineering services for a Pavement Management Program (PMP). The NCE Team is highly qualified to perform the City’s pavement distress survey and analysis, as we have successfully completed the City’s most recent PMP Update in 2022, including submittal to Orange County Transportation Authority’s (OCTA) as required.

NCE's recent experience with City provides our team with a clear understanding of the needs pertaining to the deliverable for this project, especially the need to develop multiple decision trees to determine the optimum budget (ideally lower than the existing budget) and PCI breakpoints for different pavement treatments that would keep the network PCI closer to the existing PCI of 79 or at least above 75 to meet the OCTA requirement for Measure M funding. Our team of pavement engineers will also use their extensive experience in developing multi-year focus plans for agencies across California to fine-tune the recommendations obtained from StreetSaver® to align with City’s approach in addressing these pavement distresses. The recommendations obtained from the multi-year plan can then be used by the City with minimal revision to develop the final street list for the yearly rehabilitation program. The NCE team proposed for this project has met and worked with the City staff. This past experience and clear understanding of the City’s need will ensure that NCE will submit the first draft report by January 12, 2024, and the final draft report by February 29, 2024, if NTP is provided by September 5, 2023.

With more than 100 person-years of experience with PMPs and with NCE’s 32 years of focus on pavement research, design, testing, and evaluation, NCE has more knowledge and understanding than any other pavement consulting firm in California.

Our highly trained technical staff are experienced in data collection and have worked together on many comparable PMP projects throughout California. We have developed an excellent reputation for dedication, integrity, productivity, quality of work and service to our clients. NCE is a Metropolitan Transportation Commission (MTC) certified consultant with widespread experience providing distress inspections and updating the StreetSaver®, PMP. The NCE team offers the following to the City:
• Previous Yorba Linda and local PMP experience
• StreetSaver® experience and proficiency
• Expertise in pavement engineering
• OCTA and MTC-certified inspectors
• Experience with OCTA Submittals
• Innovative pavement strategies with sustainable options • Experienced with developing multi-year focus plan based on pavement distress only • Rigorous quality control practices.

As Vice President of NCE, Gregory Fasiano, PG, CEM is authorized to negotiate and sign contracts on behalf of the firm. Our proposed Project Manager, Vivek Jha, PE, will be the City’s contact person for this proposal. He can be reached at 17050 Bushard Street, Suite 200, Fountain Valley, CA 92708, by phone at (909) 362-7936, or via email at [email protected]. We look forward to your favorable review of our proposal and the opportunity to work again with you and the City of Yorba Linda.

Sincerely,
NCE
Gregory Fasiano, PG, CEM Vivek Jha, MS, PE
Vice President Associate/Project Manager

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 2
Project Understanding
NCE understands that the City of Yorba Linda is seeking a qualified consultant to assist the City in updating its StreetSaver® PMP. NCE staff have familiarity with the City’s network from our previous Projects, including the delivery of the Pavement Management Plan for the years 2020 and 2022. In order to receive local funding assistance from Measure M, the City is required to perform a PMP update and report the findings to OCTA every two years (on even years). OCTA requires inspections every 2 years for arterial streets and every 6 years for residential streets. As part of this project, the entire Master Plan of Arterial Highways (MPAH) network and Zones 1-4 and 7 (excluding private streets) will be evaluated using the walking survey.

To enable the City’s PMP to be updated appropriately, the NCE team consists of OCTA-certified and experienced inspectors that will collect accurate, reliable, and consistent data. This will be the foundation for the analyses and reports. NCE is experienced not just in collecting data, but also in developing maintenance and rehabilitation (M&R) strategies that are sustainable, innovative, and cost-effective. Based on the feedback received on the last PMP project, our team understands that the City is looking to determine an optimum CIP budget (ideally lower than the existing budget) that helps the City maintain its existing PCI or at least ensure that the PCI is greater than or equal to 75 to ensure that the City qualifies for the Measure M funding. The optimum CIP budget will be determined by analyzing multiple budget scenarios, decision trees, and rezoning (if required). The optimum budget will then be used to develop a multi-year focus plan which will fine-tune the StreetSaver® recommendations to match the City’s rehabilitation approach based on pavement distresses.

Project Approach and Scope of Work
NCE has assembled a team of highly experienced individuals who have implemented PMP’s and updates throughout Southern California. The NCE team will be led by Vivek Jha, MS, PE, who will be responsible for day-to-day project management. Lisa Senn, as NCE’s proposed QC/QA Manager, will have the responsibility for incorporating the quality assurance/quality control (QA/QC) steps into our work. Both Vivek and Lisa were part of the City’s 2022 PMP update project.

Task 1 – Project Management and Meetings
NCE will first meet with City staff to kick off the project and review and discuss the technical approach (covering both field and office work) and any administrative matters as may be necessary. At a minimum, items to be discussed will include the following:
• Scope of work, project schedule, budget, and invoicing requirements • Field work (scheduling and access requirements for field work; public safety concerns, requirements and procedures; and Quality Control Plan (QCP)
• Points of contacts
• Monthly Progress Reports.

In addition to the kick-off meeting, NCE will schedule additional meetings with City staff at appropriate milestones to review work performed, update survey progress, and address any questions or issues that arise. NCE has accounted for up to seven (7) additional meetings for this project. After the kick-off meeting, NCE will prepare a draft Quality Control Plan and submit it to the City for review.

DELIVERABLES FOR TASK 1: Agenda and summary of meetings and Draft Quality Control Plan.

Task 2 – Review of Maintenance and Rehabilitation Activities NCE will enter maintenance work that has been completed since the 2022 PMP update. This will be done prior to producing a Pavement Condition Index (PCI) listing. The City will need to provide historical records in the following format to NCE:
• Street name, Street ID, and Section ID
• Beginning and ending limits of work
• Type of Treatment
• Date of Treatment
• Cost of Treatment (Optional).

Populating the StreetSaver® database with recent historical data is extremely useful for determining future treatments and predicting performance of the various pavement sections. This includes overlays, reconstructions, and surface seals. This information is critical during the pavement condition survey, as it is used to verify increases in the PCI.

DELIVERABLES FOR TASK 2: M&R work history report.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 3
Task 3 – Pavement Condition Surveys
NCE’s MTC and OCTA certified inspectors will inspect the City’s MPAH network and City maintenance zones 1-4 & 7 of City maintained streets and alleys using ASTM D6433 protocols. The evaluation of the pavement surface distress is based on three components:
• Type is defined as ‘What kind of crack or defect is it?’ based on environmental distresses (e.g., block, longitudinal/transverse cracking, weathering) or load related distresses (e.g., alligator cracking, rutting).
• Severity is defined as ‘How bad is the defect?’ in terms of the measurement or degree of wear associated with the condition. • Extent refers to quantity or ‘How much?’ of the pavement is affected by a particular distress.

As noted in the RFP, NCE will perform pavement distress surveys using manual or walking methods. NCE will be responsible for providing the equipment necessary for the performance of this task. Should City personnel wish to observe NCE’s crews during the inspections, they can accompany NCE’s field crews for up to ½ day – to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff, as they become part of the data collection crew, rather than just observers.

Please note that NCE’s scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short-term maintenance that should be performed.

Quality Control Plan: Effective pavement management involves implementing quality management practices that go beyond a one-time survey of the final data. Relying solely on such surveys poses a high risk of failure. To ensure superior quality for our clients, NCE incorporates a Quality Control (QC) component into all our projects. For this particular project, we have proposed the appointment of a QC/QA Manager, Lisa Senn. She will oversee the following project responsibilities:
• Calibration of all data collection activities
• Review of field activities, including spot checks on the field crews • Review field procedures and making changes as needed
• Compare the field data collected with on-site conditions • Review of all data entry functions, including random spot checks • Review of reports generated, and analyses performed to ensure a quality product.

NCE’s QC/QA Plan provides for a minimum of 5% of the field data to be re-inspected by a different inspector. A comparison of the distresses (type, severity, and quantity) will be made and at least 95% of re-inspected sections must be in compliance.

DELIVERABLES FOR TASK 3: StreetSaver® database with distress data and PCI listing report Task 4 – Decision Tree, Unit Cost, and Budget Needs Analysis Decision Tree & Unit Cost: NCE's civil and pavement engineering expertise makes us well-suited to help the City create a M&R decision tree. Our base cost estimate assumes developing up to 2 decision trees for budget needs and analysis. Examples of decision trees may include - updating the past decision tree with updated unit costs, updating the past decision tree with updated unit costs and different PCI break points, or potentially a decision tree with different treatmentssuch as asphalt rubber overlay.

Once the M&R alternatives are defined, we will determine treatment unit costs for each alternative and ensure accuracy by reviewing recent bid tabs and neighboring cities' unit prices. Our unit prices will be fully loaded rates and will include contractors' prices and design, inspection, and testing costs. As part of this task, it is assumed that the City will provide NCE with the recent bid tabs.

Budget Needs Analysis: NCE will perform a Budget need analysis for each decision tree developed using an analysis period of seven years (can be as many as 30). This task will identify M&R requirements for each street section and determine the total M&R requirements over the entire analysis period. The costs are then summed up for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street sections for repair under constrained budgets.

NCE’s pavement inspectors have undergone a rigorous certification test through both the Orange County Transportation Authority’s (OCTA) and the Metropolitan Transportation Commission (MTC) “Inspector Certification/Testing” programs.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 4
DELIVERABLES FOR TASK 4: Virtual meeting to discuss treatment alternatives and costs; Updated unit costs and Decision Trees (up to 2); Budget Needs Analysis for each decision tree.

Task 5 – Budget Scenarios
The Budget Scenarios evaluation prioritizes road sections for repair under constrained, realistic, budgetary assumptions. We have accounted for a maximum of seven budget- or target-driven scenarios that will be performed after discussions with City staff. These seven (7) budget scenarios include the three (3) budget scenarios required for the OCTA submittal. Our scope also includes exploring modifications to the existing zones for one budget analysis. However, updating the maintenance zones will be the last scenario and only be tried if none of the other scenarios are able to address the City’s needs. The primary reason for not changing the maintenance zone is driven by the fact that the City has successfully used these maintenance zones to plan the CIP work and keep the network PCI in the high 70’s and low 80’s. We have accounted for three (3) meetings for this task to discuss and showcase the results for the different budget scenarios. As part of this task, it is assumed that the City will select a preferred scenario to be used for the below tasks.

The budget analysis will focus on how different scenarios impact the PCI over time and how much (if any) additional funding is required to achieve the target PCI goals (determined by the City) for each scenario. Examples of typical scenarios include:
• Future pavement condition based on existing CIP budget using different decision trees • Funding levels required to maintain a network PCI of 75 using different decision trees • Funding levels necessary to maintain current network PCI using different decision trees • Funding level necessary to improve current network PCI • Future pavement condition based on historical funding of pavement maintenance • Impact of drops and/or increases in existing funding on network PCI.

DELIVERABLES FOR TASK 5: Results from seven (7) budget scenarios, including Seven-year work plans for the preferred scenario Task 6 – Multi-Year Focus Plan
As part of this task, NCE will develop a focused Multi-Year M&R Work Plan; the PCI plays a role in treatment selection, but for design purposes, confirmation and refinement of proposed treatments must be performed as well as consideration of base repair quantities, aggregation or re-grouping of streets to maximize construction savings, separation/combination of surface seal or rehabilitation paving programs, and cost to comply with complete and green street policies. The multi-year plan will only be developed for the preferred scenarios selected by the City and will be developed for two fiscal years.

The criteria for various funding sources available to the City will be considered when selecting streets in the Work Plan. NCE will perform focused field reviews to identify the items listed below for streets selected by StreetSaver® for the preferred scenario. Before developing the work plan, NCE staff will meet the City staff in the field to determine their priorities and objectives in determining the rehabilitation treatment and repair criteria.

Our scope includes one additional meeting to finalize the multi-year plan.

The Work Plan elements include:
• Verify treatment type and project limits.
• Identify approximate base repair percentage or mark digouts in the field.
• Identify number of Americans with Disabilities Act (ADA) ramp upgrades triggered by proposed treatments.
• Identify potential tripping hazards area caused by tree roots or surface materials build-up area near the pavement edge. Tripping hazards area locations (house address or distance to intersection) would be recorded in the field review.

Simply put, the Budget-Need analysis answers these questions:
“If I have unconstrained funding to meet my PCI goals, which streets should I fix? When should I fix them?
What treatments should I apply?
How much will it cost?”
In simplistic terms, this module answers the questions:
“If I only have limited funds for road maintenance and repair, which streets have the highest priority? When should I perform the repairs?
How much will it cost?”

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 5
• Identify alternative newer technologies (CIR, FDR, etc.) and/or alternative surface seal treatments on cul-de-sac areas.
• Identify excessive cracking problems and propose alternative treatments as appropriate.

NCE will generate enough candidate streets for grouping, consolidation, removing outliers, and determining other conflicts.

Based on the criteria agreed upon with the City, pavement maintenance strategies, and field observations, the sections selected would be grouped together geographically to produce continuous sections for treatment to minimize inefficiencies with shorter and isolated street segments and reduce construction costs and traffic impacts.

If there is a budget surplus or a need to update the decision tree based on the multi-year focus plan, NCE will re-run the preferred scenario budget analysis to incorporate the findings from the site visits/multi-year focus plan.

DELIVERABLES FOR TASK 6: Focus work plan in tabular and map formats; Pictures of each street showing typical distress; Updated budget analysis for the preferred scenario.

Task 7 – Report
The Final Report will be a comprehensive document with appendices that clearly and concisely contain all relevant findings, observations, and recommendations. The report and its exhibits will be presented legibly. The report charts and map exhibits will have distinguishable color gradations. At a minimum, the Final report will contain the following components:
• Executive Summary outline complete report
• Methodologies utilized for field surveys and budget analysis • Current overall pavement conditions (PCI)
o Condition distribution by functional road classification o Condition distribution by percent of roadway network
o Condition comparison with other cities in region and state • Projected annual repair/rehabilitation road maintenance programs over a 7-year period
• Analysis that allows City to measure impact of cost of deferred maintenance for various funding levels • Exhibit showing proposed annual work to be performed based upon available funding over a 7-year period • GIS map exhibit showing existing PCI rating and a 7-year work program • Quality Management Plan document
• OCTA report.

DELIVERABLES FOR TASK 7: If NTP is provided by September 20, 2023, then 1st Draft Report will be submitted by January 12, 2024 and the final draft report will be submitted by February 29, 2024. This schedule includes 4 weeks for the City’s review of the 1st draft report. If the OCTA requirement does not change since the last update in April 2022, the final report will be submitted within a week after the OCTA eligibility meeting.

Task 8 – OCTA GIS Deliverable (OPTIONAL)
As part of this task, NCE will prepare the GIS submittal required by the OCTA. NCE has successfully prepared and submitted similar submittals for multiple agencies. NCE deliverables for this task will meet all the OCTA requirements. Please note that this deliverable will be after the City accepts the NCE draft PMP report.

DELIVERABLES FOR TASK 8: GIS data in approved OCTA format Task 9 – Additional Budget Scenario (Optional)
As part of this additional task, NCE will perform up to 3 additional budget scenarios and develop a new decision tree. To meet the project deadline, it is recommended that this optional task (if choosen) be performed at the same time as Task 5.

DELIVERABLES FOR TASK 5: Results from three (3) budget scenarios.

Qualifications and Experience
Staff Qualifications
NCE has assembled a project team of highly qualified individuals who have the in-depth knowledge and extensive experience implementing similar or identical PMP updates with expertise in StreetSaver® and OCTA’s M2 requirements. NCE is dedicated to continuous training in the latest versions of software, design, and construction techniques. We not only frequently participate in such training, but also instruct and conduct extensive training including field distress and software workshops to 200+ technical staff within the engineering community.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 6
NCE’s proposed project personnel have the relevant experience and in-depth understanding of the City’s objectives required to successfully conduct pavement condition inspections for the City. With previous Yorba Linda project experience, successful completion of similar PMP projects, recognized technical leaders that are proven pavement experts, and an approach that demonstrates a detailed plan for the field inspections; the NCE Team will meet the project goals, save time and money, and make leading, positive contributions to the City’s
project. Further, our team has a strong local presence and can respond quickly to ensure your expectations for quality, budget and schedule are fully achieved.

The NCE team will be led by our Project Manager, Vivek Jha, MS, PE. He is supported by an experienced and trusted team of professionals that have successfully worked together on multiple projects, including our proposed QA/QC Manager, Lisa Senn, who also served as Senior Project Manager on the NCE team for the City of Yorba Linda’s previous PMP update.

The City can count on our team to provide superior,
responsive service on this project. The NCE Team and
communications structure are presented in Figure 1 and
focused resumes highlighting our team’s qualifications and experience in a similar role are included in Appendix A.

Firm Qualifications
NCE has enjoyed providing the City with their Pavement Management Plan (PMP) update in 2020/2022, which included pavement inspections and analyses of pavement data to determine the most feasible alternative for maintenance and rehabilitation (M&R) of the City’s streets. We have developed an excellent rapport and professional relationship with City staff.

Also, Franc Escobedo was the lead technician and will continue in the same role, ensuring data reliability and continuity.

NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resource challenges facing our communities today and in the future. Unique from other civil engineering firms, we have specialized in pavement technology, including pavement management, design, and research for more than three decades.

We have performed pavement condition surveys ranging from state highways in 12 states to local street networks in over 200 cities and counties in California. We have surveyed over 100,000 miles of pavements, including alleys and parking lots. Our field data collection ranges from walking surveys as per the OCTA protocols to using specialized automated equipment to collect data such as pavement distresses, roughness, structural strength (deflection testing) to asset data (signs, signals, curb ramps, marking, sidewalks, etc.). Our services include pavement evaluation, testing and design, civil engineering, and the research and design of sustainable and innovative pavement technologies.

NCE was established in 1990, and we have since grown to over 130 employees in six offices throughout California and Nevada.

More than 85% of NCE’s revenues come from local, state, and federal agencies providing NCE with an in-depth understanding of current regulations, policies, and procedures, as well as best practices. Similar to the past project with the City, NCE’s Fountain Valley office will be responsible for the work and delivery of this project.

Pavement Management Expertise
NCE has extensive experience evaluating and implementing pavement management systems for numerous public agencies throughout California and the west coast. We are a nationally recognized pavement specialty firm, with broad capabilities and expertise in the areas of pavement management, civil engineering, and pavement design, evaluation and analysis. We provide pavement management services and are proficient with most software currently in use, including StreetSaver®, PAVER™, and Cartegraph, which account for 76% of all California agencies. We have successfully implemented PMP for numerous cities and can assist the City to plan a regional multi-year capital improvement program more effectively. We are active in over 10 pavement-related (including pavement and asset management) committees at the Transportation Research Board, a national research organization. NCE’s prior project experience with hundreds of other cities on PMP and pavement design allows us to deliver accurate, reliable, consistent pavement data that may then be used by the City to develop pavement strategies and make future funding decisions.

NCE’s expertise in pavement management systems is exemplified by our close relationship with OCTA and MTC, both agencies known for their PMP distress and Figure 1. Project
Organization Chart
NCE works closely with OCTA on
numerous issues; we developed the
original countywide PMP guidelines
and can ensure that the City’s
submittals will be compliant with
Measure M2.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 7
software training, guidelines and certification programs. We are both OCTA and MTC certified and we have a solid familiarity and working knowledge of StreetSaver®.

Additionally, over the years, we have also obtained a positive and collaborative relationship with StreetSaver® management and technical staff which serves as a benefit to our clients. When issues arise, StreetSaver® staff serve as an extension of NCE’s team and respond quickly to inquiries. NCE’s expertise in PMPs is exemplified by our close relationship with MTC. Therefore, we offer the City superior service and a wealth of knowledge and skills working the program and utilizing the data to apply and recommend new pavement technologies for design and rehabilitation. We are committed to remaining at the forefront of the latest PMP technology and methodology.

Relevant Experience
NCE has completed over 200 identical or similar projects throughout California delivering the services the City has requested for this project, including PMP/PMS updates for over 80 cities and counties in Southern California alone. The map below illustrates the California agencies where we have performed pavement related work. In addition, we are currently providing local PMP/PMS related services for the following agencies:
• City of Aliso Viejo*
• City of Anaheim*
• City of Cypress*
• City of San Clemente*
• City of Buena Park*
• City of Fullerton*
• City of Burbank
• City of Carson
• City of Corona
• City of Dana Point*
• City of Downey
• City of Garden Grove*
• City of Huntington Park
• City of Laguna Niguel*
• City of Lemon Grove
• City of Lake Forest*
• City of Manhattan Beach
• City of Mission Viejo*
• City of La Habra*
• City of Newport Beach*
• City of Orange*
• City of Redondo Beach
• City of Santa Ana*
• City of Tustin*
• City of Santa Monica
• City of Seal Beach*
• City of Stanton*
• City of Temple City
• City of Torrance
• City of Ventura
• City of West Covina
• City of Whittier
• City of Yorba Linda*
• County of Orange*
• County of Baldwin Park
• County of San Diego
NCE provided OCTA Measure M2 compliance submittals for many of the clients denoted with an asterisk (*). The City of Yorba Linda can be assured that NCE will continue to prepare submittals efficiently and cost-effectively.

Project Examples
Below are examples of relevant projects successfully completed by NCE and NCE personnel within the last five years. These projects also demonstrate the PMP expertise as well as the experience and capabilities that we can provide to the City.

Pavement Management Program Updates, Yorba Linda, CA
Agency: City of Yorba Linda
Address: 4845 Casa Loma
Yorba Linda, CA 92886
Project Dates: 2020 – 2022
Project Description: NCE converted the City’s Converted PAVER™ databases to StreetSaver® in 2020. As part of the PMP updates projects in 2020 and 2022, the NCE team performed the following tasks:
• Converted PAVER™ databases to StreetSaver® in 2020
• Verified all street inventory, i.e., lengths, widths and locations • Field verified pavement inventory
• Performed distress/condition surveys using walking method on all City maintained streets using ASTM D6433
• Calculated PCI for each street section
• Performed budgetary analyses including three funding scenarios • Developed a seven-year maintenance and repair work plan • Prepared final report included in submittal to OCTA.

NCE Key Personnel: Lisa Senn (Project Manager), Vivek Jha (Project Engineer), Franc Escobedo (Senior Field Technician), and Joseph DeLeon (Senior Field Technician).

NCE has performed PMP/PMS
implementations and updates for
more cities and counties than any
other firm in California.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 8
Pavement Management Program Updates, San Clemente, CA
Agency: City of San Clemente
Address: 910 Calle Negocio, #100
San Clemente, CA 92673
Project Dates: 2013 – 2021
Project Description: The City selected NCE to perform a pavement management program update in 2013, 2015, 2021, and 2023. During this time frame, NCE was tasked with performing visual/walking surveys and semi-automated survey to determine the network PCI.
• A peer review of the 2013 report
• Field verified pavement inventory
• Performed distress/condition surveys of all City maintained streets using ASTM D6433
• Calculated PCI for each street section.
• Performed budgetary analyses including three funding scenarios • Developed a seven-year maintenance and repair work plan • Prepared final report included in submittal to OCTA
• Sign, pavement marking, and sidewalk asset inventory performed in 2021.

NCE Key Personnel: Vivek Jha (Project Manager), Lisa Senn (QA/QC Manager), Timin Punnackal (Project Engineer), Franc Escobedo (Senior Field Technician), and Joseph DeLeon (Senior Field Technician).

Pavement Management Program Updates, Anaheim, CA
Agency: City of Anaheim
Address: 200 South Anaheim Blvd.

Anaheim, CA 92805
Project Dates: 2019 – Ongoing
Project Description: NCE updated Anaheim's PMS in compliance with OCTA's Measure M2 requirements from 2013 to 2023. The street network consists of approximately 584 centerline miles of pavement including 155 miles of Arterial Highway System (AHS) and 429 centerline miles of Local Street System (LSS). Project tasks have included:
• Converted PAVER™ databases to StreetSaver® in 2019
• Distress/condition inspections as per ASTM D6433
• Collected ride quality (International Roughness Index) and digital images of the pavements
• Updated the maintenance and rehabilitation (M&R) history • Created shapefiles and KML files with the pavement condition information • Implemented a rigorous QC plan for data control and delivery • Performed funding scenarios:
o Targeted seven-year network average Arterial PCI of 75 and PCI 71 for local streets with no more than a 12% backlog
o Maintained the current backlog of streets, i.e., PCI<40 or 12% o Maintained current PCI: Arterial PCI of 73 and local street PCI of 69 o Performed additional scenarios per OCTA guidelines
• Prepared all reports and submittals to OCTA
• Identified missing sidewalk gaps.

NCE Key Personnel: Vivek Jha (Project Manager), Lisa Senn (QA/QC Manager), Timin Punnackal (Project Engineer), Franc Escobedo (Senior Field Technician), and Joseph DeLeon (Senior Field Technician).

Cost Proposal / Hourly Fee Estimate
NCE’s “not-to-exceed” cost proposal and hourly fee schedule are provided in a separate file clearly marked “Pavement Management Program Proposal” per the requirements of the RFP.

Exceptions to the City’s Sample Agreement
NCE request that this contract includes the same negotiated mutually agreeable language changes as the previous Pavement Management Plan (PMP) contract in 2020 and 2022.

Acknowledgements
NCE acknowledges receipt of Addendum No. 1, dated August 14, 2023, completed, signed, and attached to Appendix B.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 9
References
NCE has had the privilege to work with many cities and counties throughout California, including Yorba Linda. The following individual and agency references listed below will allow the City to verify NCE’s proposed staff experience in delivering associated services performed on comparable projects as per the RFP goal. These are repeat clients, which testifies to the level of satisfaction with NCE work products.

Reference Contact Information
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 9886
Rick Yee, PE, Deputy Director of Public Works/Assistant City Engineer
Tel: (714) 961-7171
Email: [email protected]
City of San Clemente
910 Calle Negocio, Suite 100
Stanton, CA 90680
Shawn Ryan, PE, Senior Civil Engineer
Tel: (949) 361-6122
Email: [email protected]
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Jason Thiem, Associate Civil Engineer
Tel: (714) 765-5100
Email: [email protected]
County of Orange
Orange County Construction
Santa Ana, CA 92701
Krishna Nadaraja, PE, GE, QSD/P Senior Civil Engineer
Tel: (714) 245-4516
Email: [email protected]
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
David Spitz, PE, Associate Engineer
Tel: (562) 431-2727 x1331
Email: [email protected]
Work Plan and Schedule
Staffing Plan and Estimate of Hours by Position

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Page | 10
Project Schedule
NCE’s proposed schedule for this project is shown below.

Proven Record Meeting Schedules
Clients have come to rely on NCE’s ability to meet project schedules. Keeping the end project in mind, our concise documentation, and management’s ability to quickly resolve issues, are all key factors to completing a project on time. NCE strives to ensure the City receives advanced notice of issues that may impact the project’s overall schedule.

Furthermore, NCE has a strong accounting division that tracks all costs expended on individual projects. All time sheets and expense reports are entered on a weekly basis, and the Project Manager can receive weekly project budgets. NCE's cost control and invoicing system are well suited to tracking costs, preparing invoices in styles and formats consistent with our client’s requirements, and providing the necessary backup in a complete and easy to follow package.

High Quality Project Deliverables
NCE has an active Quality Assurance Management Program (QAMP) that includes specific quality control (QC) procedures. The goal of NCE’s QAMP is to infuse quality throughout the entire project and is based on four principles: client satisfaction, employee participation, problem prevention, and continuous quality improvement.

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Appendix A
Resumes

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Vivek Jha, MS, PE
Project Manager
Vivek is an experienced Project Manager and serves as an Associate/ Southern California Operations Manager at NCE. He has over 12 years of extensive experience in the pavement field. Vivek specializes in pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. He has a wealth of experience in using nondestructive technology (such as automated distress data, GPR, and FWD) for pavement evaluation and design. Vivek is also adept at managing entire project life cycle including developing and maintaining project schedule, controlling project cost, tracking and documenting variance, developing technical reports, QA/QC of other reports and data. Vivek is a registered professional engineer in Maryland and New Jersey.

Representative Projects
Pavement Management Program Update
City of Anaheim, CA
Project Manager. The City has approximately 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER™ to StreetSaver®. Vivek is currently managing the latest round of their PMP update using StreetSaver®. He is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports including submitting the OCTA report for Measure M2 funding.

Pavement Management Program Update
City of Mission Viejo, CA
Deputy Project Manager. The City has approximately 178 centerline miles of local and collector streets and 52 miles of arterial highways. Vivek assisted the City with the latest round (2022) of their PMP update using StreetSaver®. As part of this project Vivek was responsible for the overall QA/QC of the project and ensuring the timely submission of the deliverables (draft and final reports and OCTA Report).

Pavement Management Program
City of Aliso Viejo, CA
Project Manager. The City has approximately 75 centerline miles of public streets. NCE assisted the City in updating the PAVER™ PMP. The previous citywide update was completed in 2018 in compliance with OCTA’s M2 requirements. Vivek was responsible for the analysis and quality control of pavement distress data, updating M&R decision trees and the treatment unit costs, and the development of budget scenarios and summary reports.

Pavement Management and Road Surveying
San Diego County, CA
Deputy Project Manager. Covering an area of nearly 1,500 square miles, the County maintains approximately 1,950 centerline miles of roadways. The network is comprised of approximately 1,843 centerline miles of asphalt concrete roadways, with the remainder being exposed cement concrete or unpaved disintegrated granite. Vivek assisted in summarizing the work done by the County and its impact on the “Road to 70” goal and determined the determining the PCI of the underserved communities in each CPG. He is currently assisting the County in identifying sections with missing As-Built data based on 2015/16 and 2021 network distress survey.

Education
MS, Civil Engineering, Rowan
University, 2009
BS, Civil Engineering, Sardar
Patel College of Engineering,
Mumbai, India, 2007
Registrations/Certifications
Professional Engineer – Civil
MD #52713
Professional Engineer – Civil
NJ #24GE05734600
Pavement Management
Training Levels 1 & 2, 2014
HMA Plant Technologist,
Superpave Levels 1 & 2
HMA Construction
Technologist
Affiliations
Advisory Board Member,
CREATEs
ACRP Panel Member,
Automated Pavement
Condition Survey Practices at
Airports
Joined NCE
2022
Total Years of Experience
13 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Lisa Senn
Quality Assurance and Quality Control (QA/QC Manager)
Lisa’s experience includes managing projects, overseeing field surveys and quality control procedures for cities and counties throughout California. A natural teacher, Lisa trains engineers, technicians, agencies, and municipalities on various aspects of pavement management, software, and field distress. Lisa has served as Project Manager and Key Trainer for OCTA PAVER™ and StreetSaver® Pavement Management Training Workshops. In addition, she was NCE’s Project Manager for San Clemente’s previous PMP update.

Representative Projects
Training and Technical Support
Orange County Transportation Authority, Orange County, CA Project Manager and Key Trainer. OCTA in accordance with Measure 2 funding for the County and its agencies hired NCE and its staff to train local agencies and staff on the proper methods of collecting distresses on both asphalt concrete and Portland cement concrete. As well as how to perform budget analysis, updating unit costs for M&R work and preparing reports and other data required to be eligible for the funding. In addition, Ms. Senn has been the primary trainer for classes held each year since 2011. Classes cover the ASTM D6433-11 distresses (PAVER™) used during surveys. These classes include classroom discussions as well as field training on how recognize distress, how to collect area of distress, and how to determine severity of distress. Once distresses are collected Ms. Senn instructs participants on the use of the software. Class sizes vary between 10 to 35 participants.

Training and Technical Support
City of Santa Barbara, CA
Project Manager. In 2009, the City of Santa Barbara opted to provide in-house PMS operations, as opposed to consultants collecting distress data and preparing reports. Lisa prepared classes to teach the PAVER™ distress collection and quality control of collected pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs and the development of budget scenarios and summary reports. She assisted staff on the development of the cost-effective maintenance treatments and strategies and preparation of custom multiple-year detailed street maintenance plans and budget option reports.

Multiple Pavement Management System Implementations and Updates Various Cities and Counties, CA
Project Manager and/or Quality Assurance and Quality Control (QA/QC) Manager. For Pavement Management Program/System updates and implementations, Lisa is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed the cost-effective maintenance treatments and strategies, prepared custom multiple-year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMP database. She is also an advanced user of both the PAVER™ and StreetSaver® pavement management software. Some of her Southern California PMP/PMS clients include the following cities, counties and local agencies:
• Aliso Viejo
• Anaheim
• Buena Park
• Commerce
• Corona
• Cypress
• Dana Point
• Diamond Bar
• Garden Grove
• Highland
• Lemon Grove
• Manhattan Beach
• Mission Viejo
• MTC
• Newport Beach
• Orange City/County
• OCTA
• Poway
• Redondo Beach
• San Clemente
• San Diego County
• Santa Barbara
City/County
• Santa Monica
• Stanton
• West Covina
• Whittier
• Yorba Linda
Education
AA, Business Administration,
Cuesta College, 1988
Registrations/Certifications
Pavement Management
Training Levels 1 & 2, 2017
Affiliations
American Public Works
Association
Maintenance Superintendent
Association
Joined NCE
2011
Total Years of Experience
23 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Timin Punnackal, PE
Project Engineer
Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He currently serves as the Project Manager for the Long-Term Pavement Performance (LTPP) Material Reference Library for FHWA and oversees the facility operations including incoming and outgoing material shipments and requests. Outside of LTPP, Timin has demonstrated his skills in acquiring and assimilating pavement and nonpavement asset data on several projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Additionally, Timin has taken a leading technical role in various research projects at NCE, and routinely performs literature reviews, report writing, pavement performance data analysis, statistical analysis, sensitivity studies, developing guidelines, and performing FWD testing. He has also developed macro-enabled documents and SQL queries and applications to assist in the analysis and management of data. Timin is proficient in using several analysis software including various PMP software such as StreetSaver®, AASHTOWare PavementME Design, ArcGis, Microsoft SQL Server, and R Studio.

Representative Projects
Pavement Management Program and Right-of-way Asset Inventory City of Redondo Beach, CA
Project Engineer. Timin is currently assisting the City with carrying out an inventory of rightof-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right-of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi-year focus plan for the City by carrying out pavement design and base repair marking.

The City has approximately 159.43 centerline miles of streets.

Pavement Management Program Update
City of Diamond Bar, CA
Project Engineer. Timin completed a budgetary analysis using the City of Diamond Bar’s StreetSaver® database. The analysis evaluated the impact of three funding scenarios on the City’s average network pavement condition index (PCI) over the next seven years. Timin determined the change in the City’s network PCI given its existing budget, the required budget to maintain the current network PCI, and the required budget to improve the network PCI. From these scenario analyses, Timin was able to provide the City with a multi-year plan that included a list of recommended treatments for roadway sections. The results were summarized in a PMP Update report. Lastly, Timin conducted a StreetSaver® budget analysis training session for the City engineer.

Pavement Management Program Update
City of Carson, CA
Project Engineer. Timin performed a multi-year target-driven budgetary analysis using the City of Carson’s StreetSaver® database. The analysis determined the annual funding required to achieve a PCI of 75 for every street in the City using three analysis periods. Timin compiled the results of the budget analysis in an arrangement of approximately 90 maps, a presentation, and other supporting materials for presentation to the City Council. 2020 Asset Data Collection
City of San Clemente, CA
Project Engineer. NCE assisted the City in carrying out an inventory of the pavement right-of-way assets such as sign, sidewalk, and pavement marking. The sign inventory included MUTCD Code, support type, and spatial location. Similarly, the sidewalk inventory included the length, type, material, and spatial location.

Education
MS, Civil Engineering,
University of Nevada, Reno,
2010
BS, Civil Engineering,
University of Nevada, Reno,
2008
Registrations/Certifications
Professional Engineer – Civil,
NV #024624
Affiliations
Friend of TRB Committee
AKP10
Friend of TRB Committee
AKP40
Joined NCE
2009
Years of Experience
12 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Mahmoud Samara
Staff Manager
Mahmoud recently began his engineering career as a Staff Engineer at NCE and has been involved in pavement related projects that include pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. Prior to joining NCE, Mahmoud served as a graduate research assistant in Research and Education in Advanced Transportation Engineering Systems (CREATEs) at Rowan University, New Jersey. Mahmoud has expertise in the areas of laboratory performance characterization of flexible pavements materials, pavement management system, life cycle cost analysis of pavement structures, non-destructive testing, FWD, and flexible pavement design.

Representative Projects
Pavement Management Program (PMP) Update
City of Anaheim, CA
Staff Engineer. NCE updated Anaheim's PMP in compliance with OCTA's Measure M2 requirements. The street network consists of approximately 584 centerline miles of pavement including 155 miles of Arterial Highway System (AHS) and 429 centerline miles of Local Street System (LSS). The project consists of furnishing all necessary services to develop a comprehensive PMP including distress/condition inspections as per ASTM D6433 protocols, collected ride quality (International Roughness Index) and digital images of the pavements updated the maintenance and rehabilitation (M&R) history, and performed funding scenarios.

Pavement Management Program
Cathedral City, CA
Staff Engineer. NCE is assisting with the development of a comprehensive Pavement Management Program (PMP) to improve the City’s ability to more effectively and strategically manage and maintain its 155 centerline-mile street network. The project consists of furnishing all necessary services to develop a comprehensive PMP which will provide City policy makers and asset management professionals with the City’s pavement network in terms of miles and area, the current Pavement Condition Index (PCI) of the network, recommendations for future maintenance and rehabilitation strategies, Identification of funding required to perform maintenance and repair treatments over the next 5 years, various investment and treatment scenarios to improve network PCI over time, and information regarding additional funding required to achieve system PCI goals.

Mahmoud is conducting pavement condition surveys and assessments to determine the current state of the pavement.

Roadway Analysis and Distress Surveys for County Roads
County of Orange, CA
Pavement Engineer. NCE is providing pavement distress surveys in accordance with ASTM D6433-11 on roadways for the unincorporated portions of Orange County and the City of Dana Point for a five-year period beginning in FY 2020-2021 through FY 2024-2025. The County of Orange and the City of Dana Point maintain approximately 365.1 miles and 93.5 miles of roadways, respectively, which includes both the Master Plan of Arterial Highways (MPAH) and local public roads. Both the County and City perform biennial updates of its PMP to assist policy makers in making decisions for road maintenance as well as complying with the OCTA Measure M2 Program.

Education
MS, Civil and Environmental
Engineering, Rowan University,
Glassboro, New Jersey, 2022
BS, Civil Engineering/Highway
and Bridges Engineering, AlBalqa Applied University, Salt, Jordan, 2017
Registrations/Certifications
Engineer-in-Training – CA
(pending)
Affiliations
Associate member with the
American Society of Civil
Engineers
Student Member in Academy
of Pavement Science and
Engineering
Friend of TRB committee
AKM20
Member in TRB Young
Members Subcommittee
Joined NCE
2022
Years of Experience
2 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Franc Escobedo
Senior Field Technician
Franc has 22+ years of experience as a pavement management technician for NCE, and has performed numerous pavement condition inspections throughout California, His experience includes distress collection across various Pavement Management Systems, including the Metropolitan Transportation Commission StreetSaver®, PAVER, Cartographs, and Hansen systems. Franc has completed both the OCTA PAVER and MTC “Distress Identification” courses and now assists with the training of agency staff on both courses. Franc performs all activities relating to pavement data collection using hardcopy forms or tablets. As part of the quality control process, he performs cross-checks of data in the PMS database. He regularly performs quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports that are necessary to perform his cross-checks of the collected data. His field experience and expertise are added benefits to agencies during field training.

Representative Projects
County of Orange Program Management System Updates
County of Orange, CA
Engineering Technician. Pavement distress surveyor. Scope includes verifying the road inventory for a road network (674 centerline miles), surveying the roads using ASTM D6433- 11 protocols, updating the maintenance history, developing maintenance strategies, performing multiple budget scenarios, linking to a GIS shapefile, developing a seven-year work plan, and preparing reports. Concurrent with the pavement condition survey, mobile data collection units gathered high-resolution 360-degree geo-referenced right-of-way street level digital imagery along with 3D point cloud data. Assets collected included markings, signs, curb ramps, signals, and drainage features.

Pavement Management Inspections
Various Cities and Counties, CA
Senior Field Technician. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield, and/or semi-automated inspections.

Some of his past/current PMP/PMS clients in Southern California include:
• Agoura Hills
• Aliso Viejo
• Anaheim
• Baldwin Park
• Bell
• Buena Park
• Burbank
• Camarillo
• Chula Vista
• Commerce
• Corona
• Dana Point
• Davis
• Diamond Bar
• Downey
• El Centro
• El Cerrito
• Encinitas
• Fullerton
• Hermosa Beach
• Highland
• La Habra
• Lake Forest
• Lemon Grove
• Manhattan Beach
• Mission Viejo
• MTC
• Newport Beach
• Orange City/County
• OCTA
• Palm Springs
• Poway
• San Clemente
• San Diego County
• San Dimas
• San Gabriel
• Santa Barbara
City/County
• Santa Maria
• Santa Monica
• Seal Beach
• Stanton
• Thousand Oaks
• Torrance
• Ventura County
• Vista
• West Covina
• Whittier
• Yorba Linda
Education
Computer Operations
Program, Computer Learning
Center, Los Angeles, CA,
1983-84
Network Engineering &
Administrative Program
Computer Learning Center,
Anaheim, CA, 1997
Certified Network
Administration
Computer Learning Center,
Anaheim, CA 1997
Registrations/Certifications
OCTA PAVER Certification
(expires 2023)
MTC StreetSaver® Rater
Certification Program
(expires November 2023)
Joined NCE
2004
Years of Experience
22 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix A – Resumes
Joseph DeLeon
Senior Field Technician
Joseph joined NCE in 2017 as a pavement management technician and is experienced in collecting distress data for pavement management systems. Apart from conducting field inspections, he has performed all functions related to data collection and is an active participant in the quality control process. As part of this process, he performs cross-checks of data in the PMP database. Joseph has performed quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports, needed to help perform his crosschecks of the data collected. Joseph has completed the Orange County Transportation Authority’s (OCTA) PAVER™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission (MTC) to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector’s knowledge of the distress procedures once a year. The Pavement Inspector Certification/Testing covers both ASTM D6433 for PAVER™ and StreetSaver® modified ASTM D6433 distress types.

Representative Projects
Pavement Management System
City of Santa Barbara, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected residential, collector and urban arterial streets in Santa Barbara.

Pavement Management Systems
City of Stanton, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected urban arterials in Stanton.

Pavement Management Systems
City of Newport Beach, CA
Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Conducted windshield inspections on residential, collector and alleyways in Newport Beach.

Pavement Asset and Management and Pavement Condition Inspections Various Cities and Counties, CA
Field Technician. Listed below are a collection of agencies that he has performed condition inspections. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield and/or semi-automated. Some of his current/past PMP/PMS clients in Southern California include:
• Anaheim
• Baldwin Park
• Buena Park
• Cypress
• Dana Point
• Downey
• El Cajon
• Garden Grove
• Highland
• Lake Forest
• Manhattan Beach
• MTC
• Newport Beach
• Orange City/County
• Orange Cove
• Pacific Grove
• Redondo Beach
• San Clemente
• San Diego County
• Sand City
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• West Covina
• Whittier
• Yorba Linda
Education
Mendocino College
Registrations/Certifications
OCTA PAVER Certification
(expires 2023)
MTC StreetSaver® Rater
Certification Program
(expires 2023)
Joined NCE
2017
Years of Experience
5 years

City of Yorba Linda
Citywide Pavement Management Plan
August 17, 2023
Appendix B – Signed RFP Addendum
Appendix B
Signed RFP Addendum

August 14, 2023

PROFESSIONAL SERVICES FOR

CITY-WIDE PAVEMENT MANAGEMENT PLAN
RFP ADDENDUM NO. 1 – RESPONSE TO QUESTIONS & CLARIFICATIONS Included herein as part of this Addendum are answers to the questions received by the written question deadline.

1. Based on the RFP, there is a discrepancy in the submittal time. Based on the schedule table, the draft is due in 4 months from NTP, while the body of the RFP (page 7 of PDF), the final report is noted to be due in 4 months.

Proposers shall follow the dates in the schedule table on the cover page. A final draft of the PMP report will be due by Thursday February 29, 2024. The final submittal will be due after the OCTA update meeting which is anticipated sometime in April 2024.

This Addendum No. 1 consists of this page and the Addendum Receipt Certification. Any proposal not containing the Addendum Receipt Certification will be considered an incomplete proposal and will not be opened.
________
Date Rick Yee, Deputy Public Works Director
Aug 14, 2023

ADDENDUM RECEIPT CERTIFICATION

PROFESSIONAL SERVICES FOR

CITY-WIDE PAVEMENT MANAGEMENT PLAN
Proposer acknowledges receipt of this Addendum and inclusion of its conditions in his -proposal by signature below and attachment of this Addendum to his proposal. PROPOSALS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.

Addendum No. 1 Date: ______________
Received by: Date:
(Signature)
Name: Title:
(Print)
Bidder:
(Authorized Signature)
Name: Title:
(Print)
August 14, 2023
August 16, 2023
Vivek Jha, MS, PE Associate/Project Manager
Gregory Fasiano, PG, CEM Vice President
Nichols Consulting Engineers, (NCE) 17050 Bushard St. Suite 200, Fountain Valley, CA 92708

Collaboration. Commitment. Confidence.
www.ncenet.com

2284/009410-1001
10434958.1 a09/12/23 -16-

EXHIBIT B

SCHEDULE OF COMPENSATION
Payment shall be on a “Fixed Fee” basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Twenty-Eight Thousand Six Hundred Dollars ($128,600.00) except as specified in Section 1.2 - Changes and Additions to Scope of Services of the Agreement.

Task Description
Project
Manager
QA/QC
Manager
Senior
Engineer
Staff
Engineer
Senior
Technician
Field
Technician
Technical
Assistant
Labor
Expenses
Reimbursable
Expenses Total Cost
Rate $200 $240 $175 $140 $100 $90 $90

1. Project Management, Meetings, & Coordination 8 2 6 4 8 $ 4,410 $ 290 $ 4,700

2. Review of Maintenance and Rehabilitation Activities 1 12 $ 1,880 $ 20 $ 1,900

3. Condition Surveys, PCI Calculations, & Quality Control Plan 4 6 16 242 298 $ 55,504 $ 6,496 $ 62,000

4. Decision Tree, Unit Cost, and Budget Needs Analysis 6 4 10 24 $ 7,270 $ 30 $ 7,300

5. Budget Scenarios 10 8 32 96 $ 22,960 $ 140 $ 23,100

6. Multi-Year Focus Plan 8 5 10 80 $ 15,750 $ 450 $ 16,200

7. Reporting 1 4 6 30 $ 6,410 $ 190 $ 6,600
Total 38 29 64 262 242 298 8 $ 114,184 $ 7,616 $ 121,800

8. OCTA GIS Deliverable (OPTIONAL) 1 30 $ 5,450 $ 50 $ 5,500

9. Additonal Budget Scenario (OPTIONAL) 5 2 6 30 $ 6,730 $ 70 $ 6,800 Total with OPTIONAL TASKS 44 31 100 292 242 298 8 $ 126,364 $ 7,736 $ 134,100 Task 2 assumes to inspect the entire MPAH entirework and Zones 1-4 & 7 using walking method Task 2 includes 5% re-inspections.

Task 3 assumes M&R records to be provided by the City since the last update in 2022.

Task 4 assumes recent tabs to be provided by the City
Task 5 includes a total of 7 budget scenarios with a maximum of 2 decision trees, and one rezoning approach Task 7 assumes two drafts and one final PMP report. Also, assumes one draft and one final OCTA submittal including GIS Task 9 includes a total of 3 budget scenarios and one additional decision tree.

Task 6 assumes developing a work plan for 2 years based on pavement surface distresses only for the preferred scenario. No Pavement testing is accounted for in Task 6 except for a pavement engineer walking each street.

City of Yorba Linda
Fee Estimate - Scenario 2
City-Wide Pavement Management Plan
Labor Hours

2284/009410-1001
10434958.1 a09/12/23 -17-

EXHIBIT C

SCHEDULE OF PERFORMANCE
Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit “A” in accordance with the attached project schedule.

ADMINISTRATION DEPARTMENT
DATE: SEPTEMBER 19, 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 – FARKAS

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages by Jerod Farkas.

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 claim for damages has 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.

Jerod Farkas
The claimant alleges that City tree roots damaged a portion of the wall along the perimeter of his property. Staff reviewed the claim and investigated the site and determined the roots were too insignificant to cause the alleged damage and that the wall was naturally deteriorating due to age of construction. Therefore, the third-party claims administrator and City staff recommend denying the claim.

DENIAL OF CLAIM FOR DAMAGES – FARKAS
P a g e | 2

FISCAL IMPACT
None

ALTERNATIVES
As an alternative to staff’s recommendations for the claim, the City Council has the following options:

1. Accept liability for the claim 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 claimant.

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: SEPTEMBER 19, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUN
FROM: DAVID BRANTLEY, AICP

DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: CITY COUNCIL POLICY P-7 REVIEW OF PLANNING COMMISSION AGENDA OF AUGUST 23, 2023

RECOMMENDATION
It is recommended that the City Council approve, by minute motion, the following Planning Commission agenda items from August 23, 2023:
1) Conditional Use Permit 2022-42 and Design Review 2022-08 – Dish Wireless, with conditions
2) Conditional Use Permit 2023-19 - Huang, with conditions 3) Design Review 2023-01 – Lu, with conditions

BACKGROUND
City Council Policy P-7 (formerly known as Policy P-19 - Appeal of Planning Commission Decisions) was adopted December 1, 1992, (see attached copy). The purpose of the policy is to preserve the City Council’s ability to appeal a Planning Commission decision in those rare instances where the time frame between the Planning Commission meeting and the immediately following City Council meeting exceeds the standard appeal period of fifteen (15) days, or ten (10) days in the case of subdivision maps. Essentially, when the Policy is triggered due to exceedance of the above-noted time frames, each item on the Planning Commission agenda shall be conditioned such that the Planning Commission’s action is not final until forwarded to the City Council for review and final approval.

Given the cancelation of the September 5, 2023, City Council Meeting in relation to the preceding Labor Day holiday, the next regularly scheduled City Council meeting of September 19th occurs beyond the appeal period threshold, thereby triggering the requirements of Policy P-7.

CITY COUNCIL POLICY P-7 REVIEW OF PLANNING COMMISSION AGENDA OF AUGUST 23, 2023
P a g e | 2

DISCUSSION
August 23, 2023, Planning Commission Agenda Items
The August 23, 2023, Planning Commission agenda included three discretionary applications that were acted on by the Planning Commission: 1) Conditional Use Permit 2022-42 and Design Review 2022-08 – Dish Wireless, 2) Conditional Use Permit 2023-19 - Huang and 3) Design Review 2023-01 – Lu. These items relate to the approval of land use permits for a wireless communications facility, a second-story room addition to an existing single-family residence within 70 feet of another neighboring home and a retaining wall along a residential rear yard down slope, respectively. For the City Council’s reference, complete project descriptions for each of these items may be found in the attached Planning Commission staff reports prepared for said items. Although a fourth item, Continued Conditional Use Permit 2022-52 – Clementine Orange County, also appeared on the August 23, 2023, Planning Commission agenda, it was not acted on by the Commission since it was continued to the September 13, 2023, Planning Commission meeting; therefore, it is not subject to Policy P-7 review.

The Planning Commission held duly noticed public hearings (as applicable) for each of these items. Staff provided written and oral staff reports, did not identify any land use concerns, and recommended approval in each case. Accordingly, the Planning Commission approved each of the items, either by resolution or minute motion (as applicable), subject to conditions of approval, including a condition pertaining to required final review and approval by the City Council pursuant to Policy P-7. The Planning Commission draft meeting minutes also have been attached hereto for the City Council’s reference.

ENVIRONMENTAL ANALYSIS
All of the subject matters qualified for exemption from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Class 1 or Class 3 in accordance with the provisions of Title 14 CCR § 15301 and 15303.

FISCAL IMPACT
None.

ALTERNATIVES
The City Council may choose to appeal any item on the subject Planning Commission agenda. In such case, an appeal hearing would be scheduled for a future City Council meeting.

CITY COUNCIL POLICY P-7 REVIEW OF PLANNING COMMISSION AGENDA OF AUGUST 23, 2023
P a g e | 3

ATTACHMENTS
1) Copy of City Council Policy P-7
2) Draft Minutes from the August 23, 2023, Planning Commission Meeting 3) Planning Commission Staff Report for Conditional Use Permit 2022-42 and Design Review 2022-08 – Dish Wireless
4) Planning Commission Staff Report for Conditional Use Permit 2023-19 – Huang 5) Planning Commission Staff Report for Design Review 2023-01 – Lu

1 PLANNING COMMISSION MEETING

MINUTES
August 23, 2023, 6:30 p.m.

Council Chambers
4845 Casa Loma Avenue
Commissioners

Present:

Behura, Bernstein, Masterson, Pease, Singh
Staff Present: Brantley, Diaz, Laviera, Rehmer, Sanders _____________________________________________________________________

1. CALL TO ORDER
The Yorba Linda Planning Commission convened at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda, California.

Note: No new items will be considered after 11:00 p.m.

2. PLEDGE OF ALLEGIANCE
Led by Commissioner Masterson.

3. ROLL CALL

4. APPROVAL OF THE MINUTES

4.1 APPROVAL OF JULY 26, 2023, PLANNING COMMISSION MEETING

MINUTES
Moved by Bernstein
Seconded by Singh

2 The Planning Commission approved the July 26, 2023, Planning Commission meeting minutes.

AYES (5): Behura, Bernstein, Masterson, Pease, and Singh CARRIED (5 to 0)

5. PUBLIC COMMENTS
None.

6. WAIVE READING IN FULL OF ALL RESOLUTIONS ON THE AGENDA Approval of reading by title all resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

Moved by Singh
Seconded by Behura
To approve waiving readings in full of all resolutions.

CARRIED

7. PUBLIC HEARINGS

7.1 CONTINUED CONDITIONAL USE PERMIT 2022-52 CLEMENTINE

ORANGE COUNTY
Chair Pease stated one of the homeowners has hired an attorney; therefore, has asked for a continuance. He asked the Commission for a motion to continue.

Commissioner Singh asked if there were other options.

Director Brantley stated the basis of the request for a two-week continuance is to provide time for the homeowners and the attorney, who represents a number of the residents, time to review a deed restriction that had not previously been provided.

Greg Rehmer, Senior Planner, added that a number of the residents want to review the deed restriction because it is an important part of whether or not they can support the project.

Chair Pease stated his prerogative is to not take testimony today because it would be more meaningful to have the currency, freshness and

3 relevancy of the testimony on the day that the Commission is actually considering the item. He stated for the record that he reviewed the minutes from the July 12th meeting when the item was originally presented.

Commissioner Masterson stated he would be interested in hearing what the applicant has to say regarding the continuance.

Commissioner Pease opined that it would be better to have everything fresh and read on September 13th.

Assistant City Attorney Sanders stated the Commission’s decision today should be based on whether or not to continue the item; and not deliberate on whether to approve or deny.

Commissioner Behura stated next time he would like to see that the issues were discussed and resolved to the satisfaction of the residents.

Commissioner Pease stated he was grateful that so many residents attended today's meeting and apologized for the continuance and truly feels it is in everyone's best interest to obtain public testimony at the time and date that the Commission will consider the item. If they are not able to attend the meeting on the 13th, he urged them to send an email with their comments and concerns.

Moved by Singh
Seconded by Behura
The Planning Commission continued Conditional Use Permit 2022-52 Clementine Orange County to a date certain of September 13, 2023.

AYES (5): Behura, Bernstein, Masterson, Pease, and Singh CARRIED (5 to 0)

7.2 CONDITIONAL USE PERMIT 2022-42 AND DESIGN REVIEW 2022-08

DISH WIRELESS
Greg Rehmer, Senior Planner, explains this is a request by Dish Wireless to co-locate their facility on an existing sign at the Featherly Regional Park. Currently the sign has two other carriers on it. The applicant is proposing to put one panel antenna on three sides of the sign face and two ground mounted equipment enclosures; staff is working with the applicant to make the enclosures at the base of the sign structure more

4 uniform and has added a condition of approval as such. Staff believes this design is stealth and supports the applicant’s request.

Chair Pease invited the applicant to step forward and asked if they agreed with all the conditions of approval.

Sylvia Tram approached and stated they agreed with all the conditions of approval.

Commissioner Behura inquired about the backup generator that is proposed and questioned if it is a fuel cell or diesel generator. The applicant stated it was diesel.

Mr. Rehmer stated that there are two existing generators onsite servicing the other two wireless carriers and one was just recently installed as part of state law. Commissioner Behura asked if it was possible for each wireless facility to utilize one generator. Mr. Rehmer noted that each carrier will have their own generator per State requirements. Mr. Rehmer further noted that the addition of generators do not come to the Planning Commission for approval as they are preempted by FCC and state law to be allowed by right provided they meet certain specifications.

Chair Pease opened the public hearing; seeing no one approach, the public hearing was closed.

Director Brantley advised this action by the Planning Commission this evening is final unless it is appealed to the City Council within 15 days through the City Clerk's office.

Moved by Masterson
Seconded by Singh
The Planning Commission adopted Resolution No. 5563 approving Conditional Use Permit 2022-42 Dish Wireless, with conditions. The Planning Commission approved, by minute motion, Design Review 2022- 08 – Dish Wireless, with conditions.

AYES (5): Behura, Bernstein, Masterson, Pease, and Singh CARRIED (5 to 0)

7.3 CONDITIONAL USE PERMIT 2023-19 HUANG

5 Greg Rehmer, Senior Planner, explained this request is to add a second story addition and expand an existing balcony within 70 feet of another single-family residence. A letter of support was received from the neighboring property on the left who would be most impacted. Staff does not anticipate any privacy impacts from the request and is in support of the project.

Chair Pro Tem Singh disclosed he visited the site that afternoon.

Chair Pease invited the applicant just stepped forward and asked if they agreed with all the conditions that were approval.

Mikael Sanchez, architect for the project approached and stated they agreed with all the conditions of approval.

Chair Pease opened the public hearing; seeing no one approach, the public hearing was closed.

Director Brantley advised this action by the Planning Commission this evening is final unless it is appealed to the City Council within 15 days through the City Clerk's office.

Moved by Behura
Seconded by Masterson
The Planning Commission adopted Resolution No. 5564 approving Conditional Use Permit 2023-19 – Huang, subject to the attached conditions of approval.

CARRIED

8. NEW BUSINESS

8.1 DESIGN REVIEW 2023-01- LU
Gabriel Diaz, Associate Planner, explain the applicant is requesting approval for an existing design review for retaining walls, concrete staircases and landscaping. The original contractor did not pull the permits; therefore, the applicant is here to rectify that. The upper portion of the slope was given to the applicant in 2017 as part of the city’s landscape vacationing program. They are requesting to backfill slope and extend their property by 10 to 12 feet and need to add the retaining wall for stability. Staff recommend approval of the project.

Commissioner Singh disclosed he visited the property.

6 Chair Pease invited the applicant to step forward and asked if they agreed with all the conditions of approval.

Mrs. Lu approached and stated she agreed with all the conditions of approval.

Chair Pease opened the public hearing; seeing no one approach, the public hearing was closed.

Director Brantley advised this action by the Planning Commission this evening is final unless it is appealed to the City Council within 15 days through the City Clerk's office.

Moved by Singh
Seconded by Behura
The Planning Commission approved, by minute motion, Design Review 2023-01 – Lu, subject to the attached conditions.

AYES (5): Behura, Bernstein, Masterson, Pease, and Singh CARRIED (5 to 0)

9. OLD BUSINESS

10. DIRECTOR’S REPORT
Director Brantley explained a postcard mailer will be going out to every property owner in the city announcing the palette of public outreach meetings for the revised Housing Element. It will also be on social media channels, the city website, and a display ad in the newspaper next Thursday.

11. COMMISSIONER COMMENTS
Commissioner Bernstein stated he and his wife were at the Town Center over the weekend and it was extremely busy; he congratulated staff on the work they’ve done to revitalize the area.

Chair Pro Tem Singh asked staff to follow up on badges for the Commissioners with their photos on them.

12. CORRESPONDENCE RECEIVED

13. ADJOURNMENT
7:11 p.m.

7 The next Planning Commission meeting is scheduled for September 13, 2023, beginning at 6:30 p.m.
_________________________

DAVID BRANTLEY, AICP

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: August 23, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF JULY 26, 2023, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh to approve the July 26, 2023, Planning Commission meeting minutes. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Behura, Singh, Masterson, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONTINUED CONDITIONAL USE PERMIT 2022-52 CLEMENTINE ORANGE COUNTY A motion by Chair Pro Tem Singh, Second by Commissioner Behura to continue Conditional Use Permit 2022-52 Clementine Orange County to a date certain of September 13, 2023. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Masterson, Behura, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2022-42 AND DESIGN REVIEW 2022-08 DISH WIRELESS A motion by Commissioner Masterson, Second by Commissioner Singh to adopt Resolution No. 5563 approving Conditional Use Permit 2022-42 and Design Review 2022-08 Dish Wireless with an added condition that states, “pursuant to the requirements of City Council Policy P7, the action of the Planning Commission shall not be final until the review and determination action by the City Council at their next available meeting of September 19, 2023.” The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Masterson, Behura, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-19 HUANG
A motion by Commissioner Behura, Second by Commissioner Masterson to adopt Resolution No. 5564 approving Conditional Use Permit 2023-19 Huang with an added condition that states, “pursuant to the requirements of City Council Policy P7, the action of the Planning Commission shall not be final Page 432 of 441 2 until the review and determination action by the City Council at their next available meeting of September 19, 2023.” The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Masterson, Behura, Pease
NOES: None
ABSENT: None
ABSTAIN: None
DESIGN REVIEW 2023-01 LU
A motion by Chair Pro Tem Singh, Second by Commissioner Behura to approve by minute motion Design Review 2023-01 Lu with an added condition that states, “pursuant to the requirements of City Council Policy P7, the action of the Planning Commission shall not be final until the review and determination action by the City Council at their next available meeting of September 19, 2023.” The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Masterson, Behura, Pease
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:11 p.m. to the September 13, 2023, Planning Commission meeting at 6:30 p.m.

CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: September 13, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF AUGUST 23, 2023, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Commissioner Behura to approve the August 23, 2023, Planning Commission meeting minutes. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Behura, Singh, Masterson, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-20 TETZLAFF
A motion by Commissioner Behura, Second by Commissioner Masterson to adopt Resolution No. 5565 approving Conditional Use Permit 2023-20 Tetzlaff, subject to attached conditions of approval.

The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Masterson, Behura
NOES: None
ABSENT: None
ABSTAIN: None
CONTINUED CONDITIONAL USE PERMIT 2022-52 CLEMENTINE ORANGE COUNTY A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh to adopt Resolution No. 5566 denying Conditional Use Permit 2022-52 Clementine Orange County with findings. The motion carried (3-2) with the following roll call vote:

AYES: Bernstein, Singh, Pease
NOES: Masterson, Behura
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 9:53 p.m. to the October 11, 2023, Planning Commission meeting at 6:30 p.m.

CITY CLERK'S OFFICE
DATE: SEPTEMBER 19, 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

South Coast Air Quality Management District Newsletter Summer 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
Discounted Zero-Emission Lawn Equipment
Available for Residents and Commercial
Landscapers and Gardeners
There are two South Coast AQMD programs that help clean the air through the replacement of gasoline and diesel-powered lawn and garden equipment.

The Commercial Electric Lawn and Garden Equipment Incentive & Exchange Program is available for commercial landscapers and gardeners operating within South Coast AQMD’s region. This program is also open to local governments, school districts, colleges and nonprofits. Commercial lawn and garden equipment will be made available at a discounted price of up to 85% off through pre-authorized retailers.

Equipment available through this program includes handheld trimmers, chainsaws, pruners, backpack and handheld blowers and ride-on, stand-on and walk-behind lawnmowers. An equivalent operable gasoline or diesel-powered piece of lawn or garden equipment must be scrapped when the new battery-electric equipment is purchased.

Additionally, the agency has
a Residential Electric Lawn
Mower Rebate Program
available for eligible residents
within South Coast AQMD’s
area to receive a rebate of up
to $250 with the purchase of a
cordless, battery-electric lawn mower. An operable, gasoline-powered lawn mower must be scrapped to be eligible for the rebate.

These programs are available to all eligible participants who work or reside within the South Coast AQMD’s four-county jurisdiction. For more information visit www.aqmd.gov/mower.

Greetings!
Join the Clean Air Team – South Coast AQMD is Now Hiring South Coast AQMD is one of the largest
and most scientifically-advanced regulatory
agencies in the nation. A diverse team of
over 800 employees share in the mission of
cleaning the air and improving the environment
and public health for our local residents.

The agency is now hiring for a variety of
positions. If you’d like to be part of the leading
air quality agency in Southern California, make
a difference in people’s live and clean the air
we breathe, then I strongly encourage you
to apply today. Here are some of our current
needs:
• Air Quality Instrument Specialists
• Career Development Intern
• Fleet Services Worker
• Health Effects Officer
• Hearing Board Alternate Medical Member
• Legislative Analyst
• Maintenance Worker
• Air Quality Engineers
Pay and benefits at South Coast AQMD are
highly competitive. Amenities include an onsite
fitness center, childcare center and cafeteria,
a 4/10 work schedule with partial telework
options for some positions and electric vehicle
chargers on site. Our headquarters is in
Diamond Bar.

For more information and to apply, visit the
South Coast AQMD website at www.aqmd.
gov/careers or https://www.governmentjobs.
com/careers/scaqmd.

Newsletter page 2 Summer 2023
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BEFORE A WILDFIRE-BE PREPARED
GET READY FOR WILDFIRE SMOKE EVENTS BY PLANNING AHEAD! HERE’S WHAT YOU CAN DO TO PREPARE:

If you have an A/C system, change your filter
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KNOW YOUR AIR QUALITY:

FILTERS AND AIR CLEANERS:

RESPIRATOR MASKS:

MEDICAL PLAN:

WILDFIRE
GENERATOR SAFETY:

South Coast AQMD’s free air quality educations programs, Why Healthy Air Matters (WHAM) and the Clean Air Program for Elementary Students (CAPES) are open for registration for the 2023-24 school year. The programs were created to generate awareness of local air quality issues to elementary, middle and high school students.

The WHAM program introduces students to academic and career paths they can take to help clean the air. Students learn about air quality through a hands-on science, technology, engineering and math (STEM) based curriculum. There are four lessons featuring air quality topics such as: regulations and public policy, chemistry, health impacts, sources of air pollution and clean air solutions. This curriculum, aligned with Next Generation Science Standards (NGSS), is flexible to fit inperson, hybrid, and/or distance learning. In Orange County, schools in Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Mission Viejo and Santa Ana have been participating in WHAM.

CAPES is geared toward first through sixth grade students. The program educates students about the importance of clean air, health impacts and actions students can take to improve air quality. Educators participating in this program are
provided with short videos and an
NGSS-aligned curriculum kit that
includes lesson plans, worksheets
and answer keys. Locally, schools
in Buena Park, Huntington Beach,
Orange, and Santa Ana have been participating
in CAPES. The air quality education programs
have collectively reached more than 31,000
students since their inception in 2019. Last
school year, WHAM was implemented in a total
of 409 classrooms in 70 high schools and 45
middle schools within South Coast AQMD’s jurisdiction, reaching more than 10,000 middle and high school aged students. CAPES was implemented in a total of 90 schools, reaching more than 6,000 students throughout South Coast AQMD’s jurisdiction. Both programs are available at no cost for eligible schools, youth groups, clubs and organizations. For information on WHAM and CAPES, or to register, please visit: http://www.aqmd.gov/home/programs/education.

Register for South Coast AQMD’s Free Air Quality Education Programs for Elementary, Middle and High School Students CAPES CleAn Air ProgRam for elemenTary sTudenTs

MONTHLY REPORT:

July
Monthly Year to Date (YTD) County Monthly County YTD

OPERATIONS
Service Requests Completed: 14 55 361 1,617
Mosquitoes: 12 44 309 1,275
Rats: 2 4 35 187
Rifa: 0 7 16 140
Number of Swimming Pools Treated/Inspected: 24 269 694 5,575 Hours Spent Treating/Inspecting Gutters 20.75 56.5 811.44 2,538.7 Undergrounds Treated: 53 135 4,074 12,606
Acres of Flood Channels Treated: 1.2 1.70688 156.16 362.07678 Acres of RIFA Treated/Inspected: 327 954 9,408 33,933
Number of Inspection Treatments: 57 347 1,559 10,789

LABORATORY
Adult Mosquitoes Collected: 138 1787 65,154 212,389
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 4 0 321 402
Mosquito Pools (Samples) Tested: 4 34 786 2,806
WNV Positive Samples: 0 0 2 2
WNV Positive Birds: 0 0 0 0
Number of Human Infections/Deaths: 0 0 0 0
Fleas, Ticks, and Others Tested: - - - 196

COMMUNICATIONS
Outreach Events Attended: 0 0 7 31
General Presentations: 0 2 2 35
Educational Program Presentations: 0 0 0 115
Calls Received - - 353 1,729
None at this time
TOTAL 10
AVERAGE 2.50
Yorba Linda

PROJECTS IN COLLABORATION WITH OCMVCD
COUNTY RESPONSE LEVEL / AVERAGE RATING:

Normal Season (1.0 to 2.5)
Elevated Risk (2.6 to 4.0)
High Risk (4.1 to 5.0)

ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

SEPTEMBER 19, 2023 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 17 – COUNCIL COMMITTEE AND AGENCY REPORTS

ADDITIONAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

Transportation Corridor Agencies
For the September 14, 2023, Meeting

BOARD MEETING HIGHLIGHTS

F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,

SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,

MISSION VIEJO
Ashleigh Aitken,

ANAHEIM
Mike Frost,

DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,

LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,

RANCHO SANTA MARGARITA
David Penaloza,

SANTA ANA
Austin Lumbard,
TUSTIN
Beth Haney,

YORBA LINDA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Vacant, Ex-Officio Member, CALTRANS
DIST. 12

SJHTCA BOARD OF DIRECTORS
Will O’Neill, Chair,

NEWPORT BEACH
Janine Heft, Vice Chair,

LAGUNA HILLS
Richard Hurt,

ALISO VIEJO
Arlis Reynolds,

COSTA MESA
Jamey Federico,

DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,

LAGUNA NIGUEL
Cynthia Conners,

LAGUNA WOODS
Patricia Kelley,

MISSION VIEJO
John Taylor,

SAN JUAN CAPISTRANO
David Penaloza,

SANTA ANA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Vacant, Ex-Officio Member, CALTRANS
DIST. 12
73/133/241/261 TOLL ROADS
STAFF PRESENTS BUDGET STATUS REPORT FOR FISCAL YEAR 2023 (FY 23) For end of FY23 the Agencies reported strong fiscal management with healthy unrestricted cash reserves that support the Boards approved Strategic Plan. A rise in Toll Roads usage resulted in a six percent revenue increase year over year. Expenditures were below budget as cost containment efforts continued, while debt service coverage ratios met requirements of indentures and current credit ratings.

Flexible investment strategies that took advantage of rising interest rates resulted in increased interest earnings.

Debt expense was under budget due to the F/ETCA’s early paydown of $125 million in bond principal that saved the Agencies $6.6 million of interest in FY23 and $180 million in total. Through the Open Market Bond Buyback program, the Agencies paid down $150 million in principal and saved $150 million in interest, with $1.6 million saved in FY23.

The program uses unrestricted cash to purchase and retire F/ETCA and SJHTCA bonds in the open market. The program’s benefits are that TCA can purchase bonds at attractive prices and pay off those bonds before the call date, realizing immediate savings.

TCA RESTARTS BELOVED ENVIRONMENTAL PROGRAM, FOSSILS IN YOUR

BACKYARD
The Fossils in Your Backyard program kicked-off, Tuesday, September 12, with a session at the Boys and Girls Club Capo Valley located in San Juan Capistrano.

The event was attended by over 50 elementary-aged students.

Fossils in Your Backyard is an interactive educational program designed for students in grades 2 through 7. The Toll Roads, in conjunction with LSA Associates, offer a free paleontological and archaeological program for schools and local non-profit youth organizations. Since inception, the Fossil in Your Backyard program has interacted with over 50,000 students throughout the region.

Learn more about the program.
241 PAVEMENT REPAIR PROJECT SLATED TO BEGIN AT LOMA RIDGE Caltrans will begin paving work on the 241 Toll Road at Loma Ridge to resolve the uneven roadway issues motorists encounter while traveling this stretch of the road.

Crews completed the initial phase of the repair project, which included installation of drainage systems and will move to the paving work beginning Sunday, Sept. 17. The $25 million maintenance project is estimated to be completed by mid-2024 and will require several extended directional closures. Repaving work will be done in phases and scheduled during weekday nighttime hours to limit impacts to motorists.

Pavement work on the Loma Ridge segment will commence on southbound 241 Toll Road with weekly nighttime closures for several weeks. Crews will then shift to the northbound 241 Toll Road for additional paving operations in mid-October. Following completion of work at Loma Ridge, crews will mobilize at the Windy Ridge segment in spring 2024.

Learn more about the project.

ADDITIONAL CHANNELIZERS INSTALLED ON 241 TOLL ROAD/91 FREEWAY CONNECTOR TCA, in coordination with the California Department of Transportation (Caltrans), completed the installation of approximately 80 new channelizers on the northbound 241 Toll Road connector to the 91 Freeway to enhance safety for drivers in the area.

Additional channelizers were installed based on TCA, CHP and the public’s observations of queue-jumping at the dirt median between the eastbound and westbound 91 Freeway connector ramps.

View the press release.