Yorba Linda City Council
June 18, 2024

RFP · FY 2023-24 Parking Lot Rehabilitation Page | 5
specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work.

AGENCY reserves the right to reject bond if, in the opinion of the AGENCY Attorney, the Surety's acknowledgment is not in the form included in the contract documents or in another form substantially as prescribed by law.

This is a partially Federally funded project, therefore the Davis-Bacon wage determination rates apply. Workers must be listed on the payrolls with the Federal wage classification that applies to the work performed. Higher State rates for comparable classifications must be paid. The applicable federal wage decision is the decision in effect ten (10) calendar days prior to bid opening (currently CA20240024, Mod 5, 2/23/24). The state wage determination is ORA-2020-2; it is available online at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

In accordance with provisions of Section 1773.2 (amended 1977) of the California Labor Code, copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations are on file in the office of the City Clerk of the City of Yorba Linda. It shall be mandatory upon the CONTRACTOR to whom the contract is awarded and upon any subcontractor under him to pay not less than said specified rates to all workmen employed by them in the execution of the contract.

The City of Yorba Linda hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business and Women's Business Enterprises will be afforded the opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, creed, color, or national origin in consideration for an award.

Dated this ______ day of _____________, 2024.

By: ____________________________________
Marcia Brown
City Clerk
City of Yorba Linda
4845 Casa Loma Ave.

Yorba Linda, California 92886
714-961-7160
First Legal Advertisement:

Second Legal Advertisement:

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City of Yorba Linda
Request for Proposals
FY 2023-24 Parking Lot Rehabilitation
A. OBJECTIVE KEY PROJECT ELEMENTS
The City of Yorba Linda is requesting proposals from experienced asphalt and concrete firms.

This Request for Proposal (RFP) provides information for asphalt and concrete firms to create and submit a proposal to provide professional services.

The work generally consists of, but not limited to, implementation and maintenance of best management practices, removal of existing concrete improvements and construction of portland cement concrete (PCC) access ramps, sidewalks, curbs, curb and gutter and valley gutters.

Construction also includes pavement preparation, pavement cold milling, construction of asphalt concrete (AC) base repairs, AC overlays and slurry seal. Replacement of existing and revised painted striping, pavement markings, and signs, are also included.

B. PROPOSAL DUE DATE
Responses to this RFP are to be received no later than 9:00AM (PST) on May 30, 2024, to the City Clerk’s Office located at 4845 Casa Loma Avenue, Yorba Linda, CA 92886. Details of full submittal requirements are detailed in Section I of the RFP. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late bids and nonresponsive bids will not be accepted. Responses must conform to the requirements of this Request for Proposal (“RFP”). The City reserves the right to waive any irregularity in any proposal or to reject any proposal which does not comply with this RFP. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addenda issued by the City. Selection of the firm will be made solely by the City on criteria determined by the City.

By submitting a project proposal, the firm agrees to all of the terms of the RFP, unless exceptions to the RFP or Agreement are stated by the firm in its project proposal. The successful firm will also be required to enter into an Agreement (See Appendix B) which includes the requirements of this RFP.

C. RFP INQUIRIES
All inquiries, questions, and requests for information related to this Request for Proposals should be directed to Brad Skeene, Parks and Facilities Superintendent via email at [email protected] and will only be accepted through 9:00AM (PST) on May 21, 2024.

D. ABOUT THE CITY
The City of Yorba Linda is located in Orange County, California and is home of the Nixon Presidential Library and Museum. The City is located 25 miles southeast of Los Angeles and is situated in the Southern California Coastal region, 35 miles north of San Diego and 18 miles

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inland from the Orange County beaches. The population is approximately 67,900, with the median housing value estimated at $884,900 and the median household income at $137,011. The City has a total area of 20 square miles and approximately 22,252 housing units with an average household size of 2.97 persons and average family size of 3.29 persons. The City was incorporated in 1967 and operates under the Council/Manager form of government. The five members of the City Council are elected at-large, who serve staggered four-year terms, with the Mayor being appointed annually by the Council Members. The City Council meets on the first and third Tuesdays of each month. The City of Yorba Linda’s fiscal year begins on July 1 and ends on June 30.

E. SCOPE OF WORK
The work generally consists of, but not limited to, implementation and maintenance of best management practices, removal of existing concrete improvements and construction of portland cement concrete (PCC) access ramps, sidewalks, curbs, curb and gutter and valley gutters.

Construction also includes pavement preparation, pavement cold milling, construction of asphalt concrete (AC) base repairs, AC overlays and slurry seal. Replacement of existing and revised painted striping, pavement markings, and signs, are also included.

All work at Black Gold Golf Club must be performed in at least two phases to allow for partial use of the parking lot at all times.

F. PROCEDURE FOR SUBMITTING PROJECT PROPOSALS
Proposals must be received at City Hall no later than 9:00AM (PST) on May 30, 2024. Proposals received in the mail after this specified date and time, regardless of the date of their postmarks, will be rejected. Proposals must address the requirements of the RFP in the exact order set forth in Section G. They should be as concise as possible and must not contain any promotional, advertising, or display material.

G. DATA TO BE SUBMITTED WITH PROJECT PROPOSALS
This section defines the proposal format to be used by respondents. All proposals shall be submitted in the format outlined below. Any proposal that does not, in the sole opinion of the City, comply with the requirements, may be rejected. The City of Yorba Linda will receive competitive proposals from firms having specific experience and qualifications in the areas identified in this RFP. Under competitive negotiation procedures, the terms of the service contract, the price of the service, the method of service delivery, and the conditions of performance are all negotiable. A negotiated contract will be awarded to the firm that best meets the proposed needs at a reasonable price, not necessarily at the lowest price. The content and sequence of the information contained in each copy of the proposal shall be as follows:

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1. Bids shall be clearly labeled “Bid for Facility and Park Landscape Maintenance Services” and include the Bidder’s name, and shall be submitted to:

City Clerk’s Office
City of Yorba Linda
4845 Casa Loma Ave.

Yorba Linda, CA 92886

2. The Bid shall be submitted no later than 9:00AM (PST) on May 30, 2024. Any bids submitted after that time will not be accepted.

3. Bids shall be made upon the Bid Forms contained herein. All items shall be properly filled in; numbers shall be stated both in longhand and in figures. The signatures shall be in longhand. The completed Form shall be without alterations, interlineations, or erasures. If the bid is made by an individual, his name and mailing address must be shown. If made by a firm or partnership, the mailing address of each principal of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer.

4. The Contractor to whom the award is made will be required to execute a Contract with the City in the form provided with this Notice Inviting Bids. The Specifications, Addenda, and such other documents, correspondence, or memoranda, which may subsequently be agreed upon in writing by the Contractor and the City, are to be incorporated by reference into this Contract.

5. The bidder shall make his bid with the understanding that the Specification and the applicable drawings are intended to cover all of the work to be done and, unless expressly excluded, any and all labor and materials not indicated therein but which may be necessary to complete any part of the work in a proper, substantial and workmanlike manner are to be furnished by the Contractor without extra charge or cost to the City.

6. The City reserves the right to reject any or all Bids and to waive any technical informality in any Bid.

7. Unless called for, Alternative Bids will not be considered.

8. Modification of Bids already submitted will be considered if received at the office designated in the Invitation for Bid by the time set for opening of bids. Telegraphic modifications will not be considered.

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9. Bids shall be accompanied by a certified or cashier’s check or an acceptable surety bond for an amount not less than ten percent (10%) of the Bid, made payable to the order of the City of Yorba Linda. Said check or bond shall be given as a guarantee that the bidder will enter into a contract if awarded the work and in case of refusal or failure to enter into said contract, the check or bond shall be forfeited to the City of Yorba Linda.

10. Before submitting a bid, Contractors shall carefully examine the Specifications and the form of the Contract, shall visit the individual sites of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the Bid a sum to cover the cost of all items included in the Specifications and Contract Document.

11. Bids and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Yorba Linda, County of Orange, California, on or before the day and hour set for the opening of Bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the title of the work and the name of the bidder.

H. START AND COMPLETION OF WORK
The selected firm will be required to enter into the City's Standard Contract Services Agreement (Appendix B) for the project with the City, which must be fully executed by the firm prior to recommendation for contract award to the City Council. Upon approval from the City Council, the contract shall start on the date of the City Council meeting that was recommended for approval on. The completion date will be set forth withing the Standard Contract Services Agreement.

I. GENERAL REQUIREMENTS & ADDITIONAL INFORMATION

1. Personnel
The Agreement and Letter of Transmittal shall identify the Management Contact (representative authorized to sign an agreement for your firm) and Project Manager (person responsible for day-to-day management of project). The firm may change the Management Contact, Project Manager, and other supporting staff and specialists with prior written permission of the City.

2. Right to Extend Deadline and Request Additional Information The City reserves the right to extend the date by which proposals are due. During the evaluation process, the City also reserves the right, where it may serve the City’s best

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interest, to request additional information or clarifications from firms, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

3. Proposal Interpretations and Addenda
Any change to or interpretation of the RFP by the City will be distributed to each firm or individual to whom an RFP has been sent. Additionally, written addenda will be posted to the City’s website. Any such changes or interpretations shall become a part of the RFP for incorporation into any agreement awarded pursuant to the RFP.

4. Exceptions
A respondent taking exception to any part or section of this solicitation shall indicate such exceptions in a separate section of the submitted proposal and such section shall be entitled “Exception of Conditions.” Failure to indicate any exception will be interpreted as the respondent's intent to comply fully with the requirements of this RFP as written.

5. Applicable Laws Shall Apply
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California. The company awarded the contract shall comply with applicable Federal,State,and local laws and regulations.

6. Collusion Among Respondents
Each respondent, by submitting a proposal, certifies that it is not party to any collusive action or any action that may be in violation of State and Federal law.

7. Expenses Incurred and Public Record
There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to Public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.

8. Late Submissions and Nonconforming Terms and Conditions Any proposal received at the place designated in this RFP after the time specified for receipt will not be accepted or considered. Additionally, any proposal that includes terms and conditions that do not conform to the terms and conditions in this RFP is subject to rejection as non-responsive. The City of Yorba Linda reserves the right to permit the

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respondent to withdraw non-conforming terms and conditions from its proposal prior to action by the Yorba Linda City Council to award a contract.

9. Withdrawal of Proposal
Respondents may withdraw all or any portion of a proposal at any time during and after the review and award process, up to ratification of an agreement between the City of Yorba Linda and the designated agency.

10. Withdrawal of Request for Proposal
The City of Yorba Linda retains at all times the right to cancel or withdraw this RFP, to refuse to accept a proposal from any respondent, and to modify or amend any portion of this RFP.

11. Conflict of Interest
By signing the Agreement, the selected firm declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project. For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.

12. Confidential Information
The City shall refrain from releasing firm’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify firm of its intention to release Proprietary Information. Firm shall have five (5) working days after receipt of the Release Notice to give City written notice of firm’s objection to the City's release of Proprietary Information.

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

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City of Yorba Linda
Proposal
FY 2023-24 Parking Lot Rehabilitation
TO CITY OF YORBA LINDA, as AGENCY:

In accordance with AGENCY's "Notice Inviting Sealed Bids," the undersigned Bidder hereby proposes to furnish all materials, equipment, tools, labor and incidentals required for the above stated project as set forth in the Plans, Specifications and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

Bidder declares that this proposal is based upon careful examination of the work sites, Plans, Specifications, Instructions to Bidders, and Contract Documents. If this Proposal is accepted for award, Bidder agrees to enter into a Contract with AGENCY and the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. Bidder understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this Proposal.

Bidder understands that a Bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely to comparing Bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed.

It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

Bidder agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and that the Bidder will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

Bidder certifies that, in all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

Bidder declares in the attached Non-Collusion Affidavit that the only persons or parties interested in this Proposal as principals are those named therein; that no officer, agent or employee of the AGENCY is personally interested, directly or indirectly, in this Proposal; that this Proposal is made without connection to any other individual, firm or corporation making a Bid for the same work; and that this Proposal is in all respects fair and without collusion or fraud.

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Bidder’s Information
Bidder certifies that the following information is true and correct:

Bidder's Name
Business Address

Telephone ( )
State Contractor's License No. and Class
Original Date Issued Expiration Date
Contractor’s DIR no._______________________________________________________ The following are the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint ventures and/or corporate officers having a principal interest in this Proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Proposal are as follows:

All current and prior DBA's, alias and/or fictitious business names for any principal having an interest in this Proposal are as follows:

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BIDDER’S NAME

LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:

Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work

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BIDDER’S NAME

STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
The Contractor is required to state what work of a similar character to that included in the proposed Contract he has successfully performed, especially for public agencies, and give references which will enable the City to judge his responsibility, experience, skill, and business and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ________________

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BIDDER’S NAME

REFERENCES
The following are the names, addresses and telephone numbers for at least three public agencies for which Bidder has performed similar work within the past two years:

DESIGNATION OF SURETIES
The following are the names, address and telephone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds:
_________________________ ________________________________________ Date Signature of Contractor

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BIDDER’S NAME

CONTRACTOR'S STATEMENT OF PAST CONTRACT DISQUALIFICATION The Contractor is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction or maintenance.

1. Have you ever been disqualified from any contract or has any contract to which you have been a party, been terminated for any reason?
Yes _________ No ___________

2. If yes, explain the circumstances:
(attach additional sheets if necessary)
Date Signature of Contractor

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PROPOSAL
IN WITNESS WHEREOF, Bidder executes and submits this proposal with the names, titles, hands and seals of all forenamed principals this ___________ day of ___________________________, 2024.

BIDDER ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Subscribed and sworn to this ______ day of ________________, 2024.

NOTARY PUBLIC ___________________________________________________

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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that
, as BIDDER, and as SURETY, are
held and firmly bound unto THE CITY OF YORBA LINDA as AGENCY, in the penal sum of:

Dollars
($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said Bid is rejected, or if said Bid is accepted and a Contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void; otherwise it shall remain in full force and effect in favor of AGENCY.

WITNESS our hands this _______ day of __________________, 2024. (Seal)
_________________________________________

CONTRACTOR (CORPORATION) - TYPE
By: _________________________________________
President
By: _________________________________________
Secretary/Treasurer
NOTE: SIGNATURE OF CORPORATE OFFICIALS MUST BE NOTARIZED.

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BID BOND (PAGE 2)
(seal)

______________________________________
SURETY's Name-Type
_________________________________________
Mailing Address
_________________________________________
By: ______________________________________
Name
______________________________________
Title
NOTE: SIGNATURE OF SURETY OFFICIALS MUST BE NOTARIZED.

BOND APPROVED AS TO FORM:
______________________________________________
City Attorney - CITY OF YORBA LINDA

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NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA)
) SS

COUNTY OF ORANGE )
___________________________________________, being first duly sworn, deposes and says that he is ________________________________(sole owner, a partner, president, etc.) of ______________________________________________________, the party making the foregoing Bid: that such Bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation; that such Bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other bidder to put in a sham Bid, or that anyone shall refrain from bidding; that said Bidder has not in any manner directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said Bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price or that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed Contract; that all statements contained in such Bid are true and, further, that said Bidder has not directly or indirectly submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection herewith, to any organization, bid depository or to any member or persons as have a partnership or other financial interest with said Bidder in his general business.

Signed __________________________________
_______________________________
_______________________________
Title
Subscribed and sworn to before me
this _____ day of _________________, 2024.

Seal of Notary _____________________________________________ Notary Public

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BIDDER’S NAME
BID SCHEDULE A – MOBILIZATION, TRAFFIC CONTROLS AND NOTIFICATIONS, AND

BEST MANAGEMENT PRACTICES
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1A Mobilization 1 LS $ $
2A Traffic Control and Notifications 1 LS $ $
3A Best Management Practices - WPCP 1 LS $ $

TOTAL BID SCHEDULE BID AMOUNT IN WORDS
BID SCHEDULE B – CITY HALL
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1B Roadway Excavation (Depth 7") 300 CY $ $
2B Construct 2" AC Surface Course
Over 2" AC Base.
320 TON $ $
3B Construct 3" Aggregate Base. 120 CY $ $
4B Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk,
Curb and Gutter and Construct PCC
Access Ramp Per Caltrans STD
Plan A88A, Case Per Plan. PCC To
Match Existing Color and Finish.

ADA
1 EA $ $
5B Sawcut, Remove and Reconstruct
PCC Curb Per SPPWC STD Plan
120-2, Type A1, Height = 6", Unless
Otherwise Noted on Plan, Length
Per Plan.
23 LF $ $
6B Remove Existing and Construct ADA
Compliant Longitudinal PCC Gutter,
Length Per Plan. Cross Slopes Shall
be 5% Maximum Within Pedestrian
Path. ADA
55 SF $ $
7B Signing and Striping 1 LS $ $

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TOTAL BID SCHEDULE BID AMOUNT IN WORDS
BID SCHEDULE C – LAS PALOMAS TENNIS PARK
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1C Remove Existing AC Pavement 0.17'
Uniform Depth - Cold Mill ADA
1,125 SF $ $
2C Clean, Rout and Seal all Cracks
Greater than 1/8" in Width. Construct
Type 1 Slurry Seal.
653 SY $ $
3C Sawcut and Remove 4" Depth of
Existing AC Pavement and
Subgrade. Remove Conflicting Tree
Roots to 12" Minimum Depth. Place
4" Thick AC Over Compacted Native
(95% Relative Compaction) to
Backfill Root Excavated Area.
1 TON $ $
4C Clean, Rout and Seal all Cracks
Greater than 1/8" in Width and
Construct 0.17' Uniform Depth
Asphalt Concrete Inlay (1.5% Max
Surface Slope Each Direction Within
ADA Stall and Aisle Limits). ADA
14 TON $ $
5C Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk,
Curb and Gutter and Construct PCC
Access Ramp Per Caltrans STD
Plan A88A, Case Per Plan. PCC To
Match Existing Color and Finish.

ADA
1 EA $ $
6C Sawcut, Remove and Reconstruct
PCC Sidewalk (includes proposed
red curb when required).
226 SF $ $
7C Sawcut, Remove and Reconstruct
PCC Curb Per SPPWC STD Plan
120-2, Type A1, Height = 6", Unless
Otherwise Noted on Plan, Length
Per Plan.
100 LF $ $
8C Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk
and Construct Reinforced Concrete
Stairway Per SPPWC 640-4.
50 SF $ $

RFP · FY 2023-24 Parking Lot Rehabilitation Page | 24
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
9C Remove Existing and Install Surface
Mounted Detectable Warning
Surface ADA
1 EA $ $
10C SIGNING AND STRIPING 1 LS $ $

TOTAL BID SCHEDULE BID AMOUNT IN WORDS
BID SCHEDULE D – EASTSIDE COMMUNITY PARK
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1D Remove Existing AC Pavement 0.17'
Uniform Depth - Cold Mill
7,590 SF $ $
2D Clean, Rout and Seal all Cracks
Greater than 1/8" in Width. Construct
Type 1 Slurry Seal.
6,969 SY $ $
3D Sawcut and Remove 4" Depth of
Existing AC Pavement and
Subgrade. Remove Conflicting Tree
Roots to 12" Minimum Depth. Place
4" Thick AC Over Compacted Native
(95% Relative Compaction) to
Backfill Root Excavated Area.
6 TON $ $
4D Clean, Rout and Seal all Cracks
Greater than 1/8" in Width and
Construct 0.17' Uniform Depth
Asphalt Concrete Inlay (1.5% Max
Surface Slope Each Direction Within
ADA Stall and Aisle Limits). ADA
95 TON $ $
5D Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk,
Curb and Gutter and Construct PCC
Access Ramp Per Caltrans STD
Plan A88A, Case Per Plan. PCC To
Match Existing Color and Finish.

ADA
1 EA $ $
6D Sawcut, Remove and Reconstruct
PCC Sidewalk (includes proposed
red curb when required).
765 SF $ $

RFP · FY 2023-24 Parking Lot Rehabilitation Page | 25
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
7D Sawcut, Remove and Reconstruct
PCC Curb Per SPPWC STD Plan
120-2, Type A1, Height = 6", Unless
Otherwise Noted on Plan, Length
Per Plan.
100 LF $ $
8D Remove Existing and Construct
Longitudinal PCC Gutter Per
SPPWC 122-2, Length Per Plan.
265 SF $ $
9D SIGNING AND STRIPING 1 LS $ $

TOTAL BID SCHEDULE BID AMOUNT IN WORDS
BID SCHEDULE E – BRYANT RANCH PARK
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1E Remove Existing AC Pavement 0.17'
Uniform Depth - Cold Mill
486 SF $ $
2E Clean, Rout and Seal all Cracks
Greater than 1/8" in Width. Construct
Type 1 Slurry Seal.
1,517 SY $ $
3E Clean, Rout and Seal all Cracks
Greater than 1/8" in Width and
Construct 0.17' Uniform Depth
Asphalt Concrete Inlay (1.5% Max
Surface Slope Each Direction Within
ADA Stall and Aisle Limits). ADA
6 TON $ $
4E Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk,
Curb and Gutter and Construct PCC
Access Ramp Per Caltrans STD
Plan A88A, Case Per Plan. PCC To
Match Existing Color and Finish.

ADA
1 EA $ $
5E SIGNING AND STRIPING 1 LS $ $

TOTAL BID SCHEDULE BID AMOUNT IN WORDS

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BID SCHEDULE F – BLACK GOLD GOLF CLUB
ITEM
NO.

CONTRACT ITEM

DESCRIPTION

ESTIMATED

QUANTITY
UNIT
TYPE
UNIT
PRICE
TOTAL
PRICE
1F Clean, Rout and Seal all Cracks
Greater than 1/8" in Width. Construct
Type 1 Slurry Seal.
9,207 SY $ $
2F Sawcut and Remove 4" Depth of
Existing AC Pavement and
Subgrade. Remove Conflicting Tree
Roots to 12" Minimum Depth. Place
4" Thick AC Over Compacted Native
(95% Relative Compaction) to
Backfill Root Excavated Area.
35 TON $ $
3F Sawcut, Remove Existing Interfering
Portions of Existing PCC Sidewalk,
Curb and Gutter and Construct PCC
Access Ramp Per Caltrans STD
Plan A88A, Case Per Plan. PCC To
Match Existing Color and Finish.

ADA
5 EA $ $
4F Sawcut, Remove and Reconstruct
PCC Sidewalk (includes proposed
red curb when required).
487 SF $ $
5F Sawcut, Remove and Reconstruct
PCC Curb Per SPPWC STD Plan
120-2, Type A1, Height = 6", Unless
Otherwise Noted on Plan, Length
Per Plan.
100 LF $ $
6F SIGNING AND STRIPING 1 LS $ $

TOTAL BID SCHEDULE BID AMOUNT IN WORDS
TOTAL BID SCHEDULE BID AMOUNT FOR A+B+C+D+E+F IN WORDS
TOTAL BID SCHEDULE BID AMOUNT FOR A+B+C+D+E+F IN NUMBERS

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CERTIFICATION OF PROPOSAL TO THE CITY OF YORBA LINDA

1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated May 2024, and to be bound by the terms and conditions of the RFP.

2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.

3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated May 2024

5. This firm understands that all work at Black Gold Golf Club must be performed in at least two phases to allow for partial use of the parking lot at all times.

6. The proposal shall be valid for 120 days from May 2024.

Name of Firm:

By:
(Authorized Signature)
Type Name:

Title:

Date:

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City of Yorba Linda
General Specifications
FY 2023-24 Parking Lot Rehabilitation
Scope Of Work
The work generally consists of, but not limited to, implementation and maintenance of best management practices, removal of existing concrete improvements and construction of portland cement concrete (PCC) access ramps, sidewalks, curbs, curb and gutter and valley gutters.

Construction also includes pavement preparation, pavement cold milling, construction of asphalt concrete (AC) base repairs, AC overlays and slurry seal. Replacement of existing and revised painted striping, pavement markings, and signs, are also included.

All work at Black Gold Golf Club must be performed in at least two phases to allow for partial use of the parking lot at all times.

Traffic Requirements
The Contractor shall provide delineation in accordance with, and comply with, the latest editions of the HPWA, APWA, the Work Area Traffic Control Handbook (“W.A.T.C.H.” handbook) and the California Manual of Traffic Controls (refer to signage, barriers, and lane closure sections). No street closures shall be made without the prior approval of the City Representative and appropriate encroachment permit(s) as required.

Special Requests
The Contractor may be requested by the City representative to perform special tasks that are above the normal scheduled work (i.e., citizen requests, coordination with special work orders relative to City functions, special event preparation). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work or altered work schedules at no additional cost to the City.

Project Inspections
Upon request, the Contractor will walk the project area with the City representative for the purpose of determining compliance with the Specifications or to discuss required work. Typically, the inspections are monthly and require the presence of the contract supervisor. Inspections may be required more frequently at the discretion of the City Representative.

Supervision And Skills
The Contractor shall assign a supervisor within the city limits of the City of Yorba Linda, working regular working hours for the duration of this Contract. The supervisor shall have a minimum of five (5) years’ experience. The supervisor shall be capable of communicating effectively both

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in written and spoken English and background must include experience on projects of the type presented in this specification.

The Contractor shall outfit the supervisor with a cellular phone capable of receiving and making calls within the City limits and surrounding areas.

Emergency Response
The Contractor shall be available twenty-four (24) hours per day, seven (7) days per week to respond to all emergencies within two (2) hours of notification or “attempted notification.” If Contractor cannot be notified or does not respond in a timely manner, any costs incurred, by the City to remediate the situation, will be paid by the Contractor.

License And Permits
The Contractor shall have and maintain a valid class A or B Contractor's license. All applications of chemical controls, i.e., herbicides and pesticides, shall be done in compliance with governmental requirements. Personnel licensed by the State of California, Department Pesticide Regulation, shall do applications of such materials. Contractor will obtain any permits required by the county or other local governmental agency for the use of special chemicals. A report is required to be submitted monthly to the City which tracks the use of all pesticides and fertilizers used in landscape operations.

The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work.

Dress Code And Appearance
All Contractors’ personnel shall be required to wear a uniform shirt bearing the company name while on the project. Uniform shall present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt and jacket with the company name and employee name.

Safety Orders
Contractor shall be responsible for providing a safe workplace and be responsible for compliance with standards and regulations of the California Occupational Safety and Health Act (Cal/OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards.

Utility Requirements
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at

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least 48 hours notice to the Underground Service Alert by calling 1-800-422-4133. The contractor shall provide the agency with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.

1. Southern California Gas Company 4. Yorba Linda Water District 1919 State College Boulevard 1717 E. Miraloma Ave
P.O. Box 3334 Placentia, California 92870
Anaheim, California 92803 Chuck Gray (714) 701-3000
Ron Reed (714) 634-3121

2. AT&T 5. Time Warner Cable T.V.
3939 East Coronado, Second Floor 20409 Yorba Linda Boulevard Anaheim, California 92807 P.O. Box 7777
Yorba Linda, California 92686

3. Southern California Edison Company
P.O. Box 2328
Fullerton, California 92633
Michelle Landrith (714)870-3228
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) 369-0680 at least 2 working days prior to the start of construction.

The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility for maintaining uninterrupted service for all utilities.

By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.

The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet(s) and no additional compensation will be allowed.

The City’s Right To Do Work

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The City reserves the right to do any work as required within the contract area. If such alterations affect the provision of this Agreement, the Contractor will be asked to submit justification and an estimated cost as a result of the alterations.

Cooperation And Collateral Work
The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and/or other contractors. These activities will include but are not limited to: turf and landscape maintenance; landscape refurbishment; irrigation system maintenance, modification or repair; construction; and storm related operations.

The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request made by the City representative.

Flow And Acceptance Of Water
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.

Protection Of Property During Inclement Weather
During periods of inclement weather, the Contractor will provide supervisory inspection of the project during regular working hours to prevent or minimize possible damage. The Contractor shall submit a report identifying any damage to the City representative attached to a site map identifying the location of damage and cost estimate to repair/replace.

It is the Contractor's responsibility for removing debris accumulated by winds or other typical or nontypical environmental conditions.

Protection Of Existing Facilities And Structures
The Contractor shall exercise care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground, on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no additional cost to the City.

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, (i.e., utility lines). This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

Standard Specifications

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The Standard Specifications of the AGENCY are contained in the 2015 edition of Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California.

Copies of these Standard Specifications are available from the publisher:

Building News, Incorporated
P.O. Box 3031 Terminal Annex
Los Angeles, California 90051
(213) 202-7775
The Standard Specifications set forth above will control the general provisions for this contract except as amended by the Plans, General Specifications, Special Provisions, or other contract documents.

The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out.

In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Yorba Linda, and where applicable, the Standard Plans of the County of Orange and State Department of Transportation, the current edition(s). Applicable Standard Plans for this project are contained in Appendix I of these Specifications.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

Wage Rates And Labor Code Requirements
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request.

Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections

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1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Resolution Of Construction Claims
Effective January 1, 1991, Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. "Public work" has the same meaning as in Section 3100 and 3106 of the Civil Code, ..." (20104 (b) (1)).
"Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise entitled to, or (C) and amount the payment of which is disputed by the local agency. (20401(b) (2)).

The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies: (All references are to Section 20141.2 et seq.). "(a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.

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(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond on writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon request, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:

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(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
20104.6.(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law."
Method Of Payment
Invoices
The Contractor shall present an invoice for work completed during the previous month. The invoice shall reflect work required by this specification at the predetermined contracted amount and also reflect extra work assigned during the period. i. Required reports shall be submitted with the monthly invoice and shall be reflective of the work functions accomplished during that period. Failure to submit monthly reports will delay payment.
ii. Monthly invoices shall be mailed to:

City of Yorba Linda
Parks and Recreation Department
4845 Casa Loma Ave
Yorba Linda, CA 92886

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Hours Of Work And Scheduling
Normal work hours are from 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Examples of this would be early morning mowing or irrigation checks, etc.

The Contractor shall submit a Monthly Maintenance Schedule describing maintenance operations and when work and applications of chemicals/fertilizers will be accomplished. Schedule shall be submitted along with the previous monthly invoice and prior to starting any maintenance operations. All forms and schedules shall be of a format supplied by or approved by the City.

Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to this agreement.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

Construction Maintenance Equipment Vehicles
The Contractor shall take all necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by the City representative to be unsafe, in disrepair, or unsatisfactory shall be repaired or replaced immediately at no additional cost to the City. All transportation vehicles shall have the Contractor’s name clearly visible.

Additions/Deletions To Specifications
The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Maintenance Requirements and Specific Work Requirements.

Any changes in this Specification that may cause the Contractor to incur additional expense shall be negotiated with the City representative upon written request and justification.

End of General Specification

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City Of Yorba Linda
Technical Provisions
FY 2023-24 Parking Lot Rehabilitation

BID ITEMS
Each respective bid item as shown on the proposal form shall comply with the respective section of 2015 edition of Standard Specifications for Public Works Construction, its supplements, and any other publication as specified or listed in the General Conditions. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

BID ITEM 1A

MOBILIZATION

GENERAL
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization is deemed to include all aspects of demobilization work occurring at project completion.

Mobilization shall also include the time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all non-working days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials outside the City right of way.

The Contractor shall have on the work site at all times, as its agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer.

CLEARING AND GRUBBING
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clear and Grub unless otherwise covered by a specific bid item. (1) Maintain dust control at all times by watering; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work and water used for irrigation purposes.

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(2) Protection of utilities, trees, fences, signs, curb and gutter, walls and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(3) Clearing and removal of debris from site of work.
(4) Delay in work necessary to accommodate utility relocations by others. (5) Removal of existing pavement markings and raised pavement markers (6) Other items of work as directed in these specifications. (7) Daily cleaning of the work area.

PAYMENT
Payment for Mobilization shall be per the Lump Sum price bid, and shall include obtaining and paying for all permits and business licenses as required from the City of Yorba Linda, and other related agencies. The City of Yorba Linda shall waive its permit fee. The Contractor shall comply with the requirements specified of each license. Progress payments for this item shall be paid in accordance with the completion percentage of the project to the Contractor, and shall include the costs of such mobilization and administration for the entire contract period.

Full compensation for clearing and grubbing shall be considered included in various items of work, and no additional compensation will be allowed therefore.

BID ITEM 2A

TRAFFIC CONTROL AND NOTIFICATIONS

GENERAL
The Contractor shall provide and maintain all construction area traffic controls in accordance with Section 601 of the Standard Specifications and the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD), and all current supplements, and as noted herein.

The Contractor shall be responsible for providing temporary access to all driveways at the end of each workday.

The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area.

The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle Code and the CA MUTCD, latest edition.

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NOTICES
Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

1. Fire Department

2. Police Department

3. Schools and School Bus Organizations

4. Disposal Company

5. Post Office

6. Orange County Transportation Authority
The Contractor shall provide sufficient written notice of the proposed construction schedule a minimum of 48 hours, but not more than 72 hours, in advance of any limitation or closure of access to their property. The Contractor shall submit a sample notification letter, which shall contain the date and time of the closure, to the Engineer for review and approval prior to distribution.

Damages to any such properties or utilities caused by Contractor’s operations shall be corrected by the Contractor at no cost to the City. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. The "Notices" will be furnished by the Contractor.

The Contractor will not be allowed to excavate a larger quantity of area (AC Base “Digout” Repairs) than he can successfully repave in the same working day. No incomplete paving work will be allowed to remain during the hours designated as requiring “all” lanes open to traffic, except in specific instances in which a minor amount of area can safely be covered by approved means with steel plates, capable of carrying H2O wheel loading, or patched with temporary AC to bring the excavation up to grade. Said temporary AC shall be ground down to permanent AC subgrades and approved by the Engineer prior to placement of additional permanent AC.

Excavations of less than 4’ in width may be covered with steel plates capable of carrying H2O wheel loading over the span of the excavation. Plates shall have a minimum width equal to the excavation width plus 24 inches and be securely fastened to the street surface. Asphalt fillers, a minimum of 6 inches wide shall be placed around the perimeter of the plate. When traffic is transferred to any type of temporary pavement surface good drivability of the surfaces shall be maintained and shall be subject to approval by the Engineer prior to allowing traffic to be transferred upon it.

The Contractor shall also ensure that access to all driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be plated per the requirements noted in the previous paragraph.

MAINTENANCE

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All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction and permanently relocated or removed as directed by the Engineer. Signs, which need not be maintained during construction or permanently removed, shall be salvaged to the Agency.

The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices and shall furnish to the Engineer, names, and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.

Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day’s schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed.

Personal vehicles of the Contractor's employees shall only be parked in an allowed area as delineated by the Engineer, and shall not be parked on the traveled way at any time, including any section closed to public traffic.

FLAGMEN
The Contractor shall furnish such competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the WATCH manual. The equipment shall be furnished and kept clean and in good repair by the Contractor, at its expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.

PAYMENT
The contract Lump Sum price bid for Traffic Control and Notifications shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the traffic control related work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the Standard Specifications and these specifications, and as directed by the Engineer. The lump sum price shall also include notifications, steel plates and temporary AC including installation and removal; all associated temporary signing and striping; written notifications, flashing arrow signs;

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flagging and/or flagmen costs; and project notifications where no additional compensation will be made therefore. Payment shall be on a lump sum basis of the percentage of total contract work performed.

BID ITEM 3A
BEST MANAGEMENT PRACTICES – WPCP

GENERAL
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this project. This project will require the Contractor to implement Best Management Practices (BMP’s).

The Contractor shall submit a Water Pollution Control Plan (WPCP) with outlines specific BMP’s to be used during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary water pollution control measures anticipated for this project include, but are not limited to, covering all storm drain inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC access ramp/curb/gutter improvements in the event of rain; properly containing chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the Work Area and Haul Routes to the satisfaction of the Engineer.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. Regional Water Quality Control Board

2. County of Orange Drainage Area Manual Plan (DAMP)
The Contractor shall confirm that all of the BMP’s have been adequately detailed to addresses his anticipated construction operations. The proposed WPCP shall be submitted to the City within five (5) calendar days after the Notice to Proceed. No work will be allowed to begin without a City approved WPCP.

PAYMENT
Full compensation for Best Management Practices shall be per the Lump Sum price bid and shall provide full compensation for all costs incurred by the Contractor for Preparation and submittal of the Water Pollution Control Plan, Implementing Best Management Practices, and the cost of any required permits and no additional compensation will be made therefore. Payment shall be on a lump sum basis of the percentage of total contract work performed.

BID ITEM 1B

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Unclassified Excavation (Depth 7") – City Hall

GENERAL
Unclassified excavation shall conform to the provisions of Section 300-2 of the Standard Specifications, the Special Provisions and these Technical Specifications.

Unclassified excavation shall include excavation required for construction of new roadway structural section and cut slopes adjacent to the new roadway. Unclassified excavation shall include, but not be limited to, removal of existing AC over AB roadway section, subbase, existing PCC and AC curbs, curb and gutter, sidewalks, driveways, parkway culverts, bollards, catch basins, storm drain structures, storm drain pipes, water meters, fire hydrants, traffic signs and sign posts, traffic signal poles, traffic signal pull boxes and street light pull boxes, as shown on the project plans and excavation of native material to establish the proposed roadway subgrade.

This item also includes hauling/disposing of all cut material, including AC and AB, all rough and fine grading operations, over-excavation for fill areas and areas to be paved, cutting of benches for fill to be placed on existing slopes and haul away / proper disposal of all excess excavation.

The opinion of probable total in-place volume of existing AC and AB material is approximately 228 Cubic Yards. The approximate quantities have been provided for the Contractor’s convenience only and no guarantee is made that they are exact. All excavation and grading shall be done in accordance with the contours, grades and typical sections as shown on the plans and as required to achieve the proper pavement and surface improvement sub-grade elevations called for on the plans.

All areas to be graded shall be stripped of significant vegetation and other deleterious materials.

Such materials may not be used as engineered compacted fill.

All grading operations shall conform to California Construction & General Industry Safety Orders, OSHA and the Construction Safety Act.

CONSTRUCTION
All surplus material shall be disposed of in a legal manner at the expense of the Contractor.

The removal and disposal of all unsuitable material shall be included in the Unclassified Excavation bid item. Excavated materials considered by the Engineer or his authorized representative as unsuitable for fill and all excess materials shall become the property of the Contractor and shall be disposed of outside the project limits at a site approved by the Engineer. Excavated materials considered unsuitable for fill is classified as materials that do not conform to the provisions of Section 300-4 of the Standard Specifications, and does not comply with all compaction requirements in accordance with Section 300-4.7 of the Standard Specifications. The Contractor shall be responsible for all damages and claims that may arise as a result of this disposal.

SAW CUTTING

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Areas to be saw cut and removed are shown on the project plans and field marked. Cutting shall be accomplished by the use of a power-driven saw. The depth of cut shall be deep enough to provide a clean, straight break without loosening, cracking or damaging adjoining asphalt or concrete.

Contractor shall saw cut pavement around all areas to be removed prior to the start of any excavation. All excavated materials shall be immediately removed from the site and recycled or disposed of at the Contractor's expense at a legal dumpsite.

PAYMENT
Payment for Unclassified Excavation shall be made at the contract unit price bid per Cubic Yard, as shown on the Bid Schedule, and shall include excavation and removal of the existing roadway structural section, over excavation, sloping, rounding of tops, toes, and ends of excavations, placement, compaction, stockpiling, loading, hauling to final location and properly disposing of surplus material at a legal disposal site, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals required and no additional payment will be allowed therefore.

The designation “**(F)” shall be bid as a final pay quantity in compliance with Section 9-1.02C of the Caltrans Standard Specifications. The “**(F)” designation is made is to denote that the Engineer’s theoretical cubic yard quantity calculated for Unclassified Excavation is a final quantity that shall not be deviated from and thus essentially functions the same as a Lump Sum bid item.

The Contractor is encouraged to perform his own quantity take-off to verify for himself what the cubic yard quantity is for this Unclassified Excavation bid item and then adjust his bid accordingly.

BID ITEM 1C, 1D, 1E
COLD MILL UNIFORM DEPTH (Depth 2”)

GENERAL
This work includes, but is not limited to, the cold milling, removal and disposal of the designated thickness of existing asphalt pavement surface as called out on the Project Plans and in accordance with the Standard Specifications and these Technical Specifications.

Add the following to section 302-1.2 Milling Machine:

The operator shall furnish the milling machine operated by experienced workmen. The surface tolerance produced shall be such that a 10 foot straight edge laid laterally will indicate variances of less than 3/8" (except in crown area) and a 10 foot straight edge laid longitudinally will indicate variances of less than 3/16".

Replace section 302-1.5.2 Milling Machine with the following:

The Contractor shall furnish a self-propelled machine especially designed and built for grinding flexible and rigid pavements to the depth shown on the plans in one pass. The machine shall be equipped with standard automatic depth controls and must maintain a constant cutting depth and

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width without tearing or gouging the underlying surface and blade material into a windrow. The machine shall consist of 72" minimum width cutting drum with carbide tip teeth. Drum lacing patterns shall permit a grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. The machine shall be capable of operating at speeds from 5 to 50 feet per minute and designed so that the operator can observe the work without leaving his control area. It shall be adjustable as to crown and depth by tilting the drum axis and shall have a guidance system furnished to assist operator to control grade and match adjacent pavements or cuts. The equipment shall be demonstrated to have been operated on similar work completed prior to the award of this contract.

Replace section 302-1.8 Disposal of Millings with the following:

Removal shall consist of milling and cutting the pavement where indicated and removing the loosened material. No aggregate shall remain on the project at the end of each work day.

Aggregate material loosened and removed shall become the property of the Contractor and shall be disposed of off the site in accordance with Subsection 300-2.6 as amended by these Special Provisions.

PAYMENT
Payment for cold milling asphalt pavement (Depth 2”) shall be made at the contract unit price paid per Square Foot, and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein including all related dust control, protection of adjacent structures and removal of loosened material and no additional compensation will be allowed therefore.

BID ITEM 1F, 2C, 2D, 2E
SLURRY SEAL (TYPE 1)
GENERAL.

The slurry seal work consists of furnishing all labor, materials, tools, equipment and incidentals necessary for the complete application of a Slurry Seal (type per plan, fine or Type 1) with 3% rubber latex, as indicated in the Description of work.

The slurry seal shall be applied only when the existing surface is clean and free of visible moisture.

Slurry seal shall be applied only when pavement is above 60º F and rising, unless otherwise directed. The slurry seal shall be properly proportioned, mixed and spread evenly on the surface as specified herein and as directed. The cured slurry shall have a homogeneous appearance, fill all surface voids and penetrate cracks, adhere firmly to the surface and have a skid-resistant texture.

MATERIAL.

Latex shall be Ultrapave 65K (compatible with the emulsified asphalt for this project) manufactured by Textile Rubber and Chemical Co., Inc. La Mirada, California, (714) 997-1143,

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or equal, approved by the Engineer prior to ordering. Latex shall be added to the emulsified asphalt at the asphalt plant at the rate of 3 parts latex to 100 parts emulsified asphalt by volume.

Latex mixed in the emulsified asphalt shall be kept in a suspended state by an agiting mixer every three (3) days. The mineral aggregate shall be 100% crushed rock, of angular, sound, durable, hard, resistant to abrasion and free from laminations, weak cleavages and undesirable weathering. It shall be of such character that it will not disintegrate from the action of air, water or other conditions to be met in handling and placing and have a specific gravity of no less than

2.60. All materials shall be clean and free from deleterious impurities including alkali. earth, clay and refuse.

DELIVERY AND STORAGE
Materials shall be delivered to the site in an undamaged condition. The material shall be protected against damage and stored in a location approved by the Engineer or Engineer’s representative.

All materials stored in the public right-of-way shall be removed and the area cleaned before 4:00 p.m., Monday through Thursday and before 3:00 p.m. on Fridays and the day preceding designated legal holidays.

Defective or damaged materials shall be replaced by the Contractor at no expense to the Agency.

The grading of aggregate, shall conform to the following gradations per Section 203-5.3.

Care should be exercised to prevent segregation of aggregate in storage and handling: if segregation occurs, the material shall be worked prior to mixing in a manner to hold segregation to the minimum. Aggregates shall have a percentage of water not more than 40 percent when tested according to ASTM D131. When tested in accordance with ASTM D2419, the aggregate blend shall have a sand equivalent of not less than 55. In addition, the aggregate will be tested for conformity to ASTM C117, ASTM C128 and ASTM C136. Mineral fillers such as portland cement, limestone dust or fly ash shall be considered as part of the blended aggregate and shall be used in the minimum required amounts; fillers shall meet the gradation requirements of ASTM D242. Bids shall be based on the range of aggregate and emulsion weights specified herein before. The amount of emulsified asphalt shall be determined by the job mix for the specified wear value. If the amounts used are more than the specified range, an adjustment in the contract price will be made as provided in the contract.

Emulsified asphalt shall be anionic type, Grade SS-1h, conforming to AASHTO M140. Cationic type, Grade CSS-1h, conforming to AASHTO M208 or Cationic Grade CQS- 1h conforming to these specifications.

Grade CQS-lh Emulsion. CQSO-lh shall use a paving asphalt with a penetration in the range of 60-70 as a base. It shall meet the following specifications when tested according to appropriate ASTM methods:

Emulsion Test

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Furol viscosity at 77 F, Sec 20-100 D244
Residue from distillation; % by weight 57 Min D244
Mixing Test (job) sec. @ 70° F 30 Min
Sieve Test (% retained on No. 20) 10 MAX D244
Particle Charge Test Positive
Storage stability; one day settlement 1% MAX
Residue Test
Penetration 40-110 D5
Solubility in carbon test. % 97.5 Min
Ductility 77° F. cms 40 Min D113
The Contractor shall furnish a certified statement from the manufacturer of the emulsion the analysis of the base asphalt used in its manufacture.

Water shall be potable.

Emulsified Asphalt Slurry Mixture. The mixture shall have the following characteristics:
(a) Resistance to Abrasion. Allowable wear of cured slurry mix as tested in accordance with the wet track abrasion test shall not exceed 100. The cured slurry, being tested shall not pick up on the roller of the apparatus.
(b) Fluidity. The mixture shall be sufficiently free flowing to fill cracks in the pavement. (c) Non-segregation. The mixture shall not segregate during or after laydown. (d) Surface Texture. The mixture shall have a non-skid texture.

APPLICATION.

FIELD SAMPLING AND TESTING
All sampling and testing shall be conducted by the Contractor as specified herein, at the expense of the Contractor. All materials and materials sources shall be approved by the Engineer not less than ten (10) days prior to the use of such materials in the work. Duplicate samples shall be provided to the Engineer on an average of two samples a week. Duplicate samples shall be taken at the same time and in the same manner as the original ones.

SLURRY CREW
Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick-set mixing man, a competent licensed driver, two squeegee men, and sufficient laborers for any handwork and cleanup.

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SAMPLING.

Method of sampling and the sieve analysis of aggregates shall be in accordance with ASTM D75.

Methods of sampling bituminous material shall be in accordance with ASTM D140.

TESTING.

JOB MIX TEST. Samples of the asphalt emulsion and slurry seal mixture shall be taken at the rate of at least one set per day from each mixture used on the project, and shall be tested by the Contractor to determine conformance with the job mix proportions. The following tests shall be performed by a City approved engineering test laboratory:
a. Emulsified Asphalt. Percent residue of the emulsion by evaporation (hot plate residue). b. Slurry Seal Mixture
c. Moisture content as percent of dry weight of slurry before extraction. d. Asphalt content as percent of dry weight of extracted aggregate. e. Gradation of extracted aggregate.
f. Percent of emulsified asphalt in slurry based weight of dry aggregates.

Test results shall be certified by the laboratory and submitted to the Engineer for approval.

SUBMITTALS
CERTIFIED LABORATORY TEST REPORTS.

Before delivery of materials, certified copies in triplicate of the reports of all tests required in reference publications shall be submitted to and approved by the Engineer. The testing shall have been performed, at the Contractor's expense, by an independent laboratory approved by the Engineer. Certified test reports are required for the following:
1) Performance of water test will be performed in accordance with ASTM C131.

JOB MIX FORMULA.

A job mix formula shall be submitted to and approved by the Engineer. The formula shall indicate the wet track abrasion resistance. Trial mixes shall be prepared to determine proportions, evaluate measured wear and to observe surface texture, tackiness and mix segregation.

Samples of materials to be used on the job shall be used to determine job mix and shall be available in sufficient quantity to produce not less than 30 lbs. of emulsified asphalt slurry mixture.

A sample of the emulsion (5 Gallons) and 100 lbs. of the aggregate to be used on the job shall be delivered to the City (to be tested by the City's Consultant) one week prior to the start of construction.

CONSTRUCTION

EQUIPMENT

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The equipment used in the performance of the work shall be subject to approval and shall be maintained in satisfactory working condition at all times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted for approval not less than 14 days before the work starts.

CONTINUOUS-FLOW MIXER
The Slurry mixing machine shall be a multi-blade or spiral continuous-flow unit in good working condition and be capable of delivering accurately a predetermined proportion of aggregate, water, emulsion, and accelerator or retardant to the mixer and discharging the thoroughly mixed slurry on a continuous basis. Each mixer shall have a metering device to measure the quantity of water in gallons used in each load of slurry and a separate metering device or equivalent which meets the approval of the City to measure the quantity of emulsified asphalt used in each load of slurry.

Emulsion stored compartments on all slurry mixing equipment shall be calibrated in (10) ten gallon increments. An accurate measuring device shall be carried on each slurry machine. All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement or Aluminum Sulfate. In the event the metering devices stop working, the Slurry unit(s) will stop the application process until they are fixed.

The mixer shall thoroughly blend all materials to form a homogeneous mass before leaving the mixer.

SELF-CONTAINED SLURRY, MACHINES
The machine shall be capable of rapid discharge of the mixed materials into a spreader having suitable controls to allow adjustment for variations in pavement grades and slope. The spreader shall be similar to the spreader box as herein before specified. The spreader box may be either an integral part of a self-contained slurry machine or a separate towed unit. The self-contained slurry unit shall be mounted on a truck or other vehicle capable of producing evenly controlled low rates of speed throughout the operation so that the slurry is spread evenly and all cracks are filled.

SLURRY SPREADING EQUIPMENT
Attached to the mixer machine shall be a mechanical type squeegee distributor equipped with flexible material in contact with the surface to prevent loss of slurry for the distributor. It shall be maintained to prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. There shall be a lateral control device and a flexible strike-off. The box shall be kept clean and the build-up of asphalt and aggregate on the box shall not be permitted. The use and condition of burlap drags or other drags shall be approved by the Engineer.

CLEANING EQUIPMENT
Power brooms, power blower, air compressors, water flushing equipment and hand brooms shall be suitable for cleaning the surface and cracks of the old surface. Contractor shall furnish a power street sweeper with operator to clean the asphalt pavement the same day the street is sealed.

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The sweeper shall have a steel gutter broom and a rear plastic broom, and a three (3) yard minimum capacity hopper. If water is used, cracks will be allowed to dry thoroughly before slurry sealing. Manholes. valve boxes, drop inlets and other service entrances will be protected from the slurry seal by a suitable method. The Engineer shall approve the surface preparation prior to sealing.

Surface oil and grease shall be removed or sealed with emulsified gilsonite or equivalent material approved by the Engineer before the application of slurry seal.

HAND TOOLS
Hand squeegees, shovels, hand burlap drags and other equipment shall be provided as necessary to perform work.

PROCEDURES
No application of slurry seal shall occur until cleaning, weed removals, crack sealing and other preliminary pavement repairs have been completed. The surface shall be thoroughly cleaned and swept prior to the application of slurry seal. For street segments not adjacent to Public Schools, the application of slurry shall be scheduled during the weekday, Monday through Friday, and commence after 8:00 A.M. and shall be complete prior to 2:30 P.M.. For street segments adjacent to Public Schools, the application of slurry seal shall be scheduled only on Saturday, and shall commence after 8:00 A.M. and shall be complete prior to 3:00 P.M. No slurry shall be applied when the weather forecast indicates a probability of rainfall or when the air or pavement temperature is no higher than 60° F and falling. Slurry may be applied when both air and pavement temperatures are 60° F and rising.

All raised pavement markers shall be removed prior to slurry seal and replaced per Caltrans Standards.

MANHOLE AND WATER VALVE COVERS
All metal manhole and water valve covers shall be protected from the application of slurry seal.

After the slurry seal has been applied and cured, the Contractor shall remove all slurry seal material attached to manhole and water valve covers.

The surface of the pavement shall be fogged with water directly preceding the application of the slurry. The slurry mixture shall be of the designated consistency when deposited on the surface and no additional elements shall be added. Total mixing time shall not exceed four (4) minutes.

A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that a complete coverage is obtained. Mixing materials shall be prevented from rippling, lumping, balling and segregation of emulsion and aggregate fines from the course aggregate.

Where the completed slurry is not uniform in color, the street shall be treated to eliminate the color variation at the Contractor's expense. The method to treatment shall be approved by the City.

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JOINTS
No excessive build-up causing unsightly appearance shall be permitted on longitudinal or transverse joints. Unless otherwise approved, the overlap at the joints will not exceed 2" and shall be feathered; excessive unapproved overlaps will not be paid for. Joints between asphalt pavement and concrete pavement and/or concrete gutters shall be completely and neatly sealed without excessive slop-over onto the concrete; any unsightly and objectionable excess shall be immediately removed. At street intersections and at the beginning and end of work segments, the slurry shall be neatly spread or trimmed to a straight line defined by the near curb lines of the street adjacent to the work.

Approved squeegees or lutes shall be used to spread slurry in areas inaccessible to the machine.

Care shall be exercised to insure the maximum rate of application with no excess, and leaving no unsightly appearance. Texture of slurry spread by hand shall match that which was applied by machine. The Contractor shall be responsible for the removal of all excess emulsion spread beyond slurry limits, on driveways, sidewalks, gutters, etc.

SMOOTHNESS
The finished surface of slurry seal shall be at least as smooth as the original pavement surface.

Any corrugations on the surface creating vibrations noticeable by passengers in an automobile driving over the slurry seal at legal speeds will result in rejection of the slurry seal construction.

REMOVAL AND RESEALING
Any slurry application that has been rejected will be removed by cold planning to the original pavement. A new slurry seal application shall then be placed on the pavement. Any placement of slurry seal rejected shall be removed and replaced with the cost borne by the Contractor.

PROTECTION OF SLURRY
The Contractor shall provide such flagmen and barricades as required to protect the uncured slurry from vehicular traffic. Any damage to the uncured slurry shall be the responsibility of the Contractor.

TRIAL APPLICATION
The Contractor shall place a test stripe of 10 square yards in designated area. The test section shall be placed by using the same equipment and methods as will be used on the job. Slurry mixture placed in test stripe shall conform to job mix with minor variations to, obtain crack fillings. bond to pavement, and desired skid resistant texture. In the event materials do not meet the requirements for fluidity, non-segregation, or surface texture, a new job mix shall be formulated and tested at the Contractor's expense. Work shall not proceed before approval of design mix and acceptance following the placing of a test stripe.

CRACK ROUTING AND SEALING – NOT A BID ITEM (Included in Various Bid Items)

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GENERAL– Work shall consist of preparation of cracks and placing of hot asphalt-rubber sealant material in cracks prior to the beginning of construction and as directed by the Engineer.

MATERIALS– Asphalt-vulcanized rubber crack sealant material shall be Poly Flex Type 3 Crafco sealant or approved equal and shall conform to the following requirements:

1. Poly Flex sealant when heated in accordance with ASTM D3407 shall have the following characteristics:

TEST LIMITS
Cone Penetration (ASTM D3407) 15-45
Resilience (ASTM D3407) 30% Min.

Softening Point (ASTM D36) 200°F Min.

Ductility, 77°F (ASTM D113) 30 cm Min.

Flexibility (Crafco Procedure) Pass as 30°F
Asphalt Compatibility (ASTM D3407) Pass
Bitumen Content (ASTM D4) 60% Min.

Tensile Adhesion (ASTM D3583) 500% Min.

Safe Heating Temperature 400°F
Recommended Pour Temperatures 380°F
Brookfield Viscosity 375°F (ASTM D3236) 4000-15000 cp
Unit Weight at 60°F 10.0 lbs./gal.

2. The sealant material shall have no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tracking by traffic.

3. The material will be packaged in approximately 60 lb. boxes with polyethylene liner. The boxes shall be placed on pallets weighing approximately 2200 lbs. and shall be covered with a weather resistant covering.

4. The asphalt-rubber crack sealant material shall be accompanied by a certificate of compliance with these specifications from the manufacturer.

The Contractor shall submit the manufacturer's material certification for the asphalt sealant to the City Engineer for review and approval at least fourteen (14) calendar days prior to commencing any work.

EQUIPMENT– The equipment to mix and apply rubberized asphalt crack sealer shall be Crafco Model BC-220 or approved equal.

The joint and crack routing and cleaning machine shall be Crafco Model 200 or approved equal.

The joint cleaner attachment shall be Crafco Model 110 or approved equal of current manufacture.

PREPARATION OF CRACKS – All cracks which are 1/8" or greater in width shall be sealed.

Cracks less than 1/2" in width shall be routed by mechanical means to widen the crack to a width of 3/4" and a depth of 3/4". Joints and cracks shall be swept and cleaned by air to remove dust,

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moisture and foreign material for a minimum of 6 inches on each side of the crack. All cracks and joints shall be treated with approved weed killer at least seven (7) days before sealant application.

CONSTRUCTION – Immediately after the preparation and drying of the crack, the asphalt rubber sealant material shall be applied. The material shall be melted in a jacketed double boiler type melting unit, which is equipped with both agitation and recirculation systems, and applied at temperature of 380°F, using a pressure feed wand application system.

Joints and cracks shall be sealed from the bottom up and sealant material shall be applied so it is flush with the existing pavement surface. Care shall be taken to avoid spillage and runover onto the surface of the pavement. The surface of pavement shall be immediately squeegeed smooth after the cracks have been filled.

Traffic shall not be allowed on the material until it has been sanded to prevent tracking.

In addition to these specifications, the crack preparation and application of crack sealant material shall be in accordance with the manufacturer's recommendations or as outlined in the booklet, "Sealing and Resealing Cracks the Crafco Way," as published by Crafco Inc., 6975 W. Crafco Way, Chandler, Arizona 85226.

SWEEPING AND CLEAN-UP – Contractor shall sweep clean all treated streets from all loose material and dust which are a result of the Contractor's operations (refer to section entitled "Clean Up and Dust Control" of these specifications). Sweeping shall be completed on the same day after the routing operation is completed, all to the satisfaction of the Engineer. Streets shall not be washed to the extent that debris may enter storm drain system. All streets, gutters and local depression areas of catch basins shall be kept free of dirt, rocks or other debris at all times. During routing and filling operations all catch basin inlets shall be covered with a fabric which will allow passage of water but will not allow debris to enter storm drain. See the bid item entitled Best Management Practices for additional requirements.

TRAFFIC CONTROL– Contractor shall conform to the provisions of section entitled “Traffic Control” of these specifications.

PAYMENT
Payment for Slurry Seal (Type I) shall be made at the contract unit price per Square Yard, and shall include full compensation for all labor, equipment, and materials necessary to complete the Slurry Seal, application, including all other incidental work, preparation of cracks, Clean, Rout and Seal all Cracks Greater than 1/8" in Width, application of weed killer and asphalt-rubber sealant and no additional compensation will be allowed therefore.

BID ITEM 2F, 3C, 3D
ASPHALT CONCRETE DIGOUTS (4” THICK)

GENERAL

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This work shall consist of saw cutting, excavating and disposing of existing pavement, aggregate base, treated base, and native material; the preparation of subgrade and furnishing, spreading, placing, and compacting of materials for deep lift Asphalt Concrete (AC) Base Course repairs to the thickness as shown on the project plans and as directed by the Engineer. This work shall also consist of applying paint binder (tack coat) to all vertical and horizontal surfaces to be joined by new pavement.

SUBGRADE PREPARATION
Subgrade preparation shall conform to applicable provisions of Section 301-1 of the Standard Specifications and shall be compacted to a relative compaction of not less than 95% of maximum density at optimum moisture as determined by California Test Method No. 231 (as modified herein).

The area as stated in Test Method No. 231 may be represented by one or more individual test sites, at the discretion of the Engineer. The Contractor shall provide the necessary labor and equipment to excavate to a depth as determined by the Engineer in the field at each test site.

After the removal of the existing asphalt concrete pavement and prior to placing the asphalt concrete base course, the Contractor shall compact the top 1 foot of the existing subgrade to the requirements as described above.

Remove Conflicting Tree Roots to 12" Minimum Depth. Place 4" Thick AC Over Compacted Native (95% Relative Compaction) to Backfill Root Excavated Area.

The City will furnish the first test at no cost to the Contractor. Any retesting required due to first test failures shall be made by the City’s Consultant Geotechnical Materials Lab at the Contractor's expense, cost of which shall be deducted from the Contractor's final payment.

MATERIALS

ASPHALT CONCRETE
Asphalt Concrete Base Course shall be Type III- B, 3/4" maximum conforming to the provisions of Section 203-6.4 of the Standard Specifications. The Contractor shall submit the batch plant mix design (including stability test results) to the Engineer for review and approval at least five (5) calendar days prior to commencing any work

ASPHALT BINDER
The viscosity grade of paving asphalt and tack coat shall be PG 64-10 per 203-1.2 of the Standard Specifications and as determined by the Engineer.

Asphalt Binder shall conform to the following:

Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

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a. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin. b. Free from water.
c. Homogeneous.

CONSTRUCTION

SAW CUTTING
Areas to be saw cut and removed are shown on the project plans and field marked. Cutting shall be accomplished by the use of a power-driven saw. The depth of cut shall be deep enough to provide a clean, straight break without loosening, cracking or damaging adjoining asphalt or concrete.

Contractor shall saw cut pavement around all areas to be removed prior to the start of any excavation. All excavated materials shall be immediately removed from the site and recycled or disposed of at the Contractor's expense at a legal dumpsite. All excavated areas shall be immediately repaired with deep lift AC as specified in these Special Provisions.

DISTRIBUTION, SPREADING, AND ROLLING
Distribution, spreading and rolling shall conform to the requirements of Section 302-5 of the Standard Specifications and these Special Provisions.

The asphalt concrete shall be spread and compacted in lifts of equal thickness not exceeding

0.25 feet in compacted thickness for each lift.

Compacting equipment shall conform to Section 302-5 of the Standard Specifications, except that in very small areas a vibrating tamper, as approved by the Engineer, may be utilized. In general, it is desired that a steel wheeled roller shall always be utilized to finish off each course surface.

PAYMENT
Payment for Asphalt Concrete Digouts (4” Thick) shall be made at the contract unit price paid per Ton, and shall include full compensation for furnishing all labor, materials, tack coat where required, tools, equipment, and incidentals to accomplish the work as specified herein including saw cutting, excavation, removals, cutting and removing tree roots, and subgrade preparation and Asphalt Concrete placement and no additional compensation will be allowed therefore Temporary asphalt concrete work where required by the Engineer for traffic control or other purposes shall be included in the Lump Sum price bid for Traffic Control and no additional compensation will be allowed therefore.

BID ITEM 2B, 3E, 4C, 4D
CONSTRUCT 2" AC SURFACE COURSE OVER 2" AC BASE – CITY HALL CONSTRUCT 2" ASPHALT CONCRETE INLAY

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Section 302-5 of the Standard Specifications shall be amended as follows:

GENERAL - This work shall consist of furnishing, spreading and compacting asphalt concrete pavement surface course as shown on the Plans. This work shall also consist of applying tack coat to all vertical surfaces to be joined by new pavement.

MATERIALS
Asphalt Surface course concrete shall be Type III-C2, 1/2" maximum, conforming to the provisions of Section 203-6 of the Standard Specifications. The viscosity grade of paving asphalt shall be PG 64-10 per Section 203-1 of the Standard Specifications, or as determined by the Engineer.

Asphalt Concrete Base Course shall be Type IlI-B2, 3/4" maximum.

The provisions in Section 400203-4.2.12 "Aggregate" of the Standard Specifications shall have the following additional requirement:

At least 75%, by weight, of the material retained on the No. 4 sieve shall have at least one fractured face as determined by California Test Method No. 205.

Paint binder (tack coat) shall be SS-1h Type asphaltic emulsion conforming to Section 203-3 of the Standard Specifications.

CONSTRUCTION
Construction shall conform to the applicable provisions of Sections 302 and 400 of the Standard Specifications. Construction will not be allowed before the completion and approval of all pavement preparation work including, but not limited to, crack sealing, removal of old pavement markers and sweeping of pavement.

Tarpaulins shall be used to cover all loads from plant to project The surface course shall be spread in one layer with the use of a self-propelled paving machine and shall be spread to the after compaction thickness as shown on the Plans.

When surface course is constructed over existing pavement, the existing pavement surface shall be swept or washed clean, to the satisfaction of the Engineer and paint binder (tack coat) shall be applied at the rate of 0.10 gallons per square yard conforming to the provisions of Section 302-5.4 of the Standard Specifications.

Distribution, spreading and compacting shall conform to the provisions of Section 302-5 of the Standard Specifications, Special Provisions and these Technical Specifications.

The use of motor grader for spreading asphalt concrete overlay will not be permitted.

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Rolling equipment shall consist of one 12-ton, 2 axle tandem roller for each 50 tons, or fraction thereof, of asphalt concrete placed per hour by each asphalt paver. The use of three-wheel rollers and pneumatic rollers shall not be permitted.

Initial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of a roller in both directions over the same path.

A coverage shall consist of as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to insure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverages are started.

At Pedestrian Access ways and ADA Accessible Stalls, the slope shall be 1.5% Maximum.

Crack Sealing - Prior to constructing the Asphalt Concrete Surface Course pavement, all cracks in existing pavement greater than 1/8-inch wide shall be routed, cleaned and sealed per section entitled “Crack Routing and Sealing” and to the satisfaction of the Engineer. After crack sealing, no paving shall occur for two (2) days.

Traffic Control - The Contractor shall provide proper delineation, signing and flagmen to keep traffic off of the freshly laid mat until it has been properly compacted and is set up sufficiently so that it will not be damaged by traffic. Surfaces damaged by traffic shall be replaced to the satisfaction of the Engineer.

Section 302-5.9 of the Standard Specifications shall be amended as follow:

MEASUREMENT AND PAYMENT
Asphalt concrete shall be measured by the ton weight of the combined mixture. The weight shall be determined as provided in Section 302-5.9 of the Standard Specifications. Material which is delivered to the project site and not used or is rejected and specifically, material which is delivered to the site in excess of that actually needed, will not be paid for.

Payment for Construct 2" AC Surface Course Over 2" AC Base – City Hall and Construct 2” Asphalt Concrete Pavement Inlay shall be at the contract unit price bid per Ton, as shown on the Bid Schedule, and shall include full compensation for all labor, materials, tools, equipment, and incidentals required to crack seal and place the asphalt concrete surface course complete in place as called for on the project plans and in accordance with Standard Specifications and these Technical Specifications, and no additional compensation will be allowed therefore.

BID ITEM 3B
CONSTRUCT 3” AGGREGATE BASE.

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All base material shall be crushed aggregate base that has been imported to the site. Base material shall conform to the aggregate grading requirements in accordance with Section 200-2.2 of the Standard Specifications. Preparation of all base material shall conform to Section 301-2 “Untreated Base,” of the Standard Specifications.

MEASUREMENT AND PAYMENT
Aggregate base shall be measured by the Cubic Yard.

Payment for aggregate base material shall be made at the unit price bid per Cubic Yard for “Construct 3” Aggregate Base,” and shall include full compensation for construction of aggregate base including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, compacting, and protecting, complete in place, and preparation of subgrade, in accordance with the Standard Specifications and these Special Provisions.

BID ITEMS 4B THRU 6B, 5C THRU 8C, 5D THRU 8D, 4E, AND 3F THRU 5F

PCC REMOVALS, CONSTRUCT PCC CURBS, GUTTERS, ADA SIDEWALK, ADA ACCESS

RAMPS (INCLUDING REMOVALS AND PCC/AC REPAIRS), REINFORCED CONCRETE

STAIRWAY AND LONGITUDIONAL GUTTERS

GENERAL
This work includes, but is not limited to, the removal of existing PCC improvements, Concrete Bollards, Landscaping, existing pavement, and compaction of subgrade material and construction of PCC curbs, sidewalks, valley gutters, reinforced concrete stairways, and ADA compliant access ramps, with a detectable warning surface, per the Project Plans and applicable Standard Plans.

All PCC removal work shall conform to Sections 300-1 of the Standard Specifications.

All PCC construction work requiring dowels into existing concrete shall conform to Sections 201 and 303-5 of the Standard Specifications.

The same brand, type and source of cement and aggregate shall be used for all Portland Cement Concrete. All concrete used on the project shall be 520-C-2500. Type V cement shall be used.

PCC curb construction shall conform to SPPWC Standard Plan 120, the Project Plans and Section 302-6 of the Standard Specifications.

PCC sidewalk construction shall conform to SPPWC Standard Plan 113, the Project Plans and Section 302-6 of the Standard Specifications.

PCC valley gutter construction shall conform to the details on the plans, and the Standard Specifications Section 302-6.

PCC access ramp construction shall conform to Caltrans Standard Plan RSP A88A, case per plan, the Project Plans and in accordance with Section 302-6 of the Standard Specifications.

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Sub-grade materials shall be compacted to a minimum relative compaction of 95 percent. The depressed PCC curb and gutter reconstruction required as a part of the access ramp construction shall not be poured monolithic with the PCC ramp and shall be included in the unit price for the access ramp construction. Adjacent AC/AB removal and replacement AC Base Course shall conform to the requirements established in these specifications and shall be included in the unit price for the PCC access ramp construction.

Sidewalk shall be opened to pedestrian access on the day following concrete placement in the PCC access ramp. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement at both the access ramps and curb & gutter reconstruction. PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until concrete has cured to a minimum strength of 2,000 psi.

The Contractor shall verify, with a “smart level”, that maximum ramp and sidewalk grades do not exceed ADA requirements when marking the required saw cut removal limits and when setting the concrete forms, prior to pouring any curb ramp locations. It shall be the Contractor’s responsibility to supervise and utilize the proper experienced personnel to ensure that the proper saw cut limits are established for all PCC access ramp locations and the Engineer shall not be responsible to direct the Contractor’s crews or otherwise serve in this management capacity. The Engineer, or his authorized representative, shall be present to verify the concrete forms, prior to pouring any PCC construction improvements.

DETECTABLE WARNING SURFACE
All curb access ramps shall contain detectable warning surfaces. The detectable warning surface required for all curb ramps within the AC paving project limits shall be CAST-IN-PLACE DETECTABLE WARNING SURFACE MANUFACTURED BY ARMOR TILE SYSTEMS (800) 682-2525, www.armor-tile.com or approved equal.

The color of the detectable warning surface shall be “Federal Yellow” conforming to Federal Color No. 33538.

The orientation of the dome pattern for all panels shall be parallel with the panel edges.

At a minimum the Contractor shall adhere to the truncated dome tile manufacturer’s installation requirements including proper surface preparation and protection of the work and surrounding area The manufacturer shall provide a minimum 5-year warranty, guaranteeing replacement when there is a defect in the dome shape, color fastness, sound on cane acoustic quality, or deterioration of the detectable warning surface. The warranty period shall commence on the date of acceptance.

NOTE: Detectable Warning Surface Materials shall be installed across the entire width of the bottom of the ramp, and shall be a minimum of 3’ in depth, in conformance with the latest ADA requirements.

PAYMENT

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Payment for the various PCC items in this section shall be made at the contract price as shown in the Bid Schedule.

Compensation for Construct PCC ADA Sidewalk shall be paid for at the contract unit price bid per Square Foot, and shall include full compensation for all saw cutting of existing PCC and AC, removal and disposal, all related forming, sub-grade preparation, all landscaping, removal of all concrete bollards, all replacement AC pavement as required to provide room for concrete forms, including all proposed retaining curbs, scoring patterns and grooving, replacement of landscaping, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans.

Compensation for Construct PCC Curb shall be paid for at the contract unit price bid per Linear Foot, and shall include full compensation for all saw cutting of existing PCC and AC, removal and disposal, all related forming, sub-grade preparation, all landscaping, removal of all concrete bollards, all replacement AC pavement as required to provide room for concrete forms, replacement of landscaping, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans.

Compensation for Construct Reinforced Concrete Stairway Per SPPWC 640-4. shall be paid for at the contract unit price bid per Square Foot, and shall include full compensation for all saw cutting of existing PCC and AC, removal and disposal, all related forming, sub-grade preparation, all landscaping, removal of all concrete bollards, all replacement AC pavement as required to provide room for concrete forms, scoring patterns and grooving, replacement of landscaping, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans.

Compensation for Construct Longitudinal PCC Gutter Per SPPWC 122-2, Length Per Plan. & Construct ADA Compliant Longitudinal PCC Gutter, Length Per Plan. Cross Slopes Shall be 5% Maximum Within Pedestrian Path. shall be paid for at the contract unit price bid per Square Foot, and shall include full compensation for all saw cutting of existing PCC and AC, removal and disposal, all related forming, sub-grade preparation, all landscaping , all replacement AC pavement as required to provide room for concrete forms, including all required grinding and conforming to existing improvements, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans.

Compensation for Construct PCC ADA Access Ramp shall be paid for at the contract unit price bid per Each, and shall include full compensation for all saw cutting of existing PCC and AC, removal and disposal, all related forming, sub-grade preparation, all replacement of landscaping, removals of concrete bollards, all replacement AC pavement as required to provide room for concrete forms, adjacent AC/AB removal and replacement of full depth AC Base Course

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(minimum 1-foot wide / 4-inch deep) associated with the access ramp reconstruction, cast-inplace detectable warning surface, all retaining curbs, scoring patterns and grooving, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans.

The PCC retaining curb, gutter and adjacent sidewalk construction, which is related to the PCC access ramp construction, shall be considered as included in the unit price bid for the applicable removal and construction of PCC curb access ramp, and no additional compensation will be allowed therefore.

BID ITEM 9C

REMOVE EXISTING AND INSTALL SURFACE MOUNTED DETECTABLE WARNING

SURFACE (FEDERAL YELLOW)

GENERAL
This work shall consist of cleaning the existing asphalt concrete surface, removing existing detectable warning surfaces, and placing a surface mounted detectable warning surface as shown on the project details and as directed by the Engineer. This work shall consist of cleaning and installation of a surface mounted detectable warning surface per the manufacture recommendations.

DETECTABLE WARNING SURFACE
The surface mounted detectable warning surface shall be installed across the entire width of the bottom of the ramp, and shall be a minimum of 3’ in depth, in conformance with the latest ADA requirements, as manufactured by DETECTABLE WARNING SYSTEMS, INC. Phone: 866 – 999 – 7452, or approved equal.

The color of the detectable warning surface shall be “Federal Yellow” conforming to Federal Color No. 33538.

The surface mounted detectable warning surface shall be installed across the entire width of the loading area as it enters the traveled way and as directed by the Engineer.

PAYMENT
Payment for Remove Existing And Install Surface Mounted Detectable Warning Surface (Federal Yellow) shall be made at the contract unit price for Each and shall include full compensation for removing existing detectable warning surface, furnishing all labor, materials, tools, equipment and incidentals, and all costs incurred by the Contractor for pavement preparation and installation of surface mounted detectable warning surface, and no additional compensation will be allowed therefore.

ADJUST SEWER CLEANOUT TO GRADE – NOT A BID ITEM (Included in Various Bid Items)

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Section 403 of the Standard Specifications shall be amended as follow:

DESCRIPTION
Adjustments to surface utilities to grade shall conform to sections 403 of the Standard Specifications for Public Works Construction. This work shall consist of adjusting surface utilities to grade on parking lots to receive AC inlay. Includes such items as sewer cleanout frames and covers to finished grade. Prior to the start of any work the Contractor is required to tie-out all existing surface utilities to the satisfaction of the Engineer. This work shall be performed by contractor unless noted on the plans that work is to be performed by others.

MATERIALS
Concrete shall be Class 660-C-3750 (7 sack mix) conforming to the provisions of Section 201 of the Standard Specifications.

Asphalt concrete shall be Type D2, 1/2" maximum, conforming to the provisions of Section 203- 10 of the Standard Specifications.

CONSTRUCTION
Construction shall conform to the Standard Specifications and these Special Provisions:

1. After placing the Overlay, circular holes shall be cut where the surface utility exists.

The I.D. of the circular hole shall be at least 24" larger than the O.D. of the manhole or water valve box.

2. The frame and cover shall then be raised to the finished pavement grade. The manhole frame and cover shall be suitably blocked and grouted in place to the satisfaction of the Engineer.

3. A concrete collar shall be poured around the manhole frame and cover, water valve box to within 1.5- inch of finished pavement grade. Said collar shall have a minimum depth of 12" and be placed on thoroughly compacted subgrade.

4. After concrete has cured sufficiently, it shall be tack coated and asphalt concrete shall be placed to finished pavement grade.

At the Contractor's option, integral black colored seven sack mix concrete may be utilized, in which case the concrete shall be placed to finished grade and finished smooth. Eliminate Step 4.

TRAFFIC CONTROL
Protection of the work shall be the responsibility of the Contractor and the Contractor shall provide delineation to the satisfaction of the Engineer to accomplish this. Refer to section entitled "Traffic Control and Lane Closure" for details.

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Sections 403-4 and 403-5 of the Standard Specifications shall be amended as follow:

MEASUREMENT - Measurement shall be by a count of each manhole frame and cover, water valve box and survey well monument box raised to finished grade.

PAYMENT
Payment for Adjust Sewer Cleanout to Grade is not a bid item and is included in Various Bid Items and no additional compensation will be allowed.

BID ITEM 5E, 6F, 7B, 9D, 10C
TRAFFIC SIGNING, STRIPING, LEGENDS, MARKERS and Wheel Stops

TRAFFIC SIGNING
New traffic signs shall be installed at the locations shown on the plans or where directed by the engineer, and shall conform to the provisions in Section 82-3, “Roadside Signs”, of the 2015 Caltrans Standard Specifications and these Technical Specifications.

GENERAL:

All new signs shall be furnished and installed by the Contractor. The sign sizes, messages, and colors shall conform to the current edition of the Caltrans Sign Specifications. The sign sizes shall be the standard size shown in the Sign Specifications unless shown otherwise on the plans. The sign backing material shall be anodized rolled sheet aluminum and shall be one piece with drilled holes for mounting.

All signs installed in parkways, sidewalks or pedestrian areas shall have a minimum of 7 feet of vertical clearance from the bottom of the lowest sign to the surrounding surface. All signs installed in raised median areas shall have a minimum vertical clearance of 4 feet from the existing surface unless shown otherwise on the plans.

When two signs are installed on one post, the signs shall be installed in the proper standard vertical positions unless shown otherwise on the plans. Regulatory, Warning and Guide signs shall be posted above parking restriction signs. The Engineer shall determine the proper order for multiple signs. Sign panels shall not be overlapped.

If signposts are not long enough to provide standard clearance for all signs, a longer post shall be furnished and installed. Signs shall be installed at right angles to approaching traffic unless shown otherwise on the plans. In no case shall signs be installed on wood utility poles or on wood street light poles.

MATERIALS:

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a. Roadside signs shall be fabricated using 0.080-inch thick aluminum sheeting and traffic signal mast arm mounted signs shall be fabricated using 0.10-inch thick aluminum sheeting.
b. ASTM Type XI (3M Diamond Grade Series 4090 DG3) reflective sheeting shall be used for the followings:
c. All Regulatory signs.
d. All Warning signs.
e. For school related signs, reflective sheeting shall be 3M Diamond Grade (Fluorescent) Series 4083 DG3.
f. For all other signs, including parking restrictions and Street Sweeping signs, the reflective sheeting shall be 3M Diamond Grade DG-3.
g. Temporary or construction signs can be ASTM Type I (Engineering Grade). h. All signs, except for temporary or construction signs, shall have graffiti coating or film (such as 3M 1160 Overlay) as recommended by the manufacturer of the reflective material. Neither the color nor the reflective intensity of the finished sign panel shall be significantly diminished by the use of graffiti remover when used in a manner approved by Caltrans and the sheeting manufacturer.

Reflective sheeting will be applied to the sign panel utilizing the method approved by the manufacturer of the sheeting and shall produce a durable bond equal to or greater than the strength of the reflective sheeting. No air pockets or bubbles shall exist between the sheeting and the aluminum backing. All sign panels furnished by the Contractor shall be new with no scratches or tears in the reflective sheeting.

No splice will be allowed in the sign panel reflective sheeting other than that which occurs in the manufactured roll of reflective sheeting on sign panels with a minor dimension of 48" or less. On all rectangular sign panels, the splice will be horizontal. No finished sign panel shall have more than one (1) splice and no splice will fall within 2" of the sign panel edge. When splices do occur, the adjoining reflective sheets shall be color matched under both incident and reflective light.

Section 82-3.02B, Metal Posts, shall be deleted and replaced with the following paragraph:

New signs shall be installed using square tubing signpost (such as Unistrut Telspar™, UltiMate or Agency-approved equal), anchors and anchor sleeves. Anchors and sleeves shall be embedded with no more than four holes exposed and no less than two holes exposed. The signpost, anchor and anchor sleeve shall be fully perforated galvanized square 12 gauge steel tubing. The signpost shall be 2 inch square, the signpost anchor shall be 2.25 inch square (all dimensions are nominal).

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Section 82-3.02C, Wood Posts, shall be deleted.

Section 82-3.02D, Laminated Wood Box Posts shall be deleted.

The third paragraph of Section 82-3.02E, Sign Panel Fastening and Mounting Hardware, shall be amended to read as follows:

All new straps, saddle brackets, nuts, bolts, and washers shall be stainless steel. Each sign panel shall have a minimum of two rivets installed per sign. Each signpost shall utilize a minimum of two rivets to attach the sign post to the sign post anchor assembly.

The fourth paragraph of Section 82-3.02E, Sign Panel Fastening and Mounting Hardware, shall be deleted.

CONSTRUCTION METHODS:

Section 82-3.03, Construction, shall be deleted and replaced with the following:

The Contractor shall install new and relocate existing signs as noted on the plans, shall protect-inplace existing signs and posts which are not to be removed, and shall replace any of these signs which are damaged during construction.

Posts shall be installed in driven post anchors per the manufacturer’s specifications.

New signs shall be installed on 10 foot posts, except a longer post shall be used if necessary to maintain a 7 foot vertical clearance from the bottom of the lowest sign to the top of the surrounding surface in pedestrian areas. Signposts shall be installed a minimum of 6 feet from power poles, fire hydrants, and other obstructions.

If the anchor and sleeve are installed in a median island with decorative paving, a concrete or decorative sidewalk area:

On existing pavement, install a 4-inch diameter Scheduled 40 PVC sleeve by core drilling the pavement.

The length of the sleeve shall be the same as the thickness of the decorative paving or up to 1 inch greater. The sleeve shall be installed flush with the finish grade of the surrounding decorative paving. Back fill the annular void between the sleeve and signpost anchor with existing base material or sand to within 1” of the finished surface. Fill the final 1” with grout.

All signs to be salvaged, as called for on the plans, shall be become property of the Contractor.

All posts driven signpost anchors shall be completely removed and the signpost anchor assembly hole backfilled with clean fill dirt to match the existing surrounding grade (non-paved areas only).

Driven signpost anchors in sidewalk or pavement areas shall be completely removed and backfilled with grout to the level of the surrounding grade.

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Sign posts with foundations in parkway area shall be completely removed and backfilled with clean fill dirt to match the grade of the surrounding area. Sign posts located within sidewalk or other paved areas, shall core drill the sidewalk and remove the signpost to below sidewalk or paving then backfilled with concrete or paving material to match the existing.

Section 82-3.03B, Sign Panel Installation, shall be deleted.

TRAFFIC STRIPING

GENERAL
The Contractor shall be responsible for inventorying all existing striping that will be affected by the work. Existing striping and markings shall be replaced in the existing locations unless otherwise directed by the Engineer or as shown in the Project Plans. The Contractor’s inventory shall be presented to the Engineer upon request.

REMOVAL OF EXISTING PAVEMENT MARKERS AND MARKINGS
All existing raised pavement markers and markings shall be removed from the existing pavement prior to construction.

Nothing in these Special Provisions shall relieve the Contractor from the responsibilities established in Subsection 7-10, "Safety", of the Standard Specifications.

TEMPORARY PAVEMENT MARKINGS
Temporary pavement markings shall be placed on the roadway following the final application of the asphalt concrete surface course. The first coat of painted striping and markings shall be placed within five (5) working days after final placement of the asphalt concrete surface course.

The second coat of painted striping and markings shall be placed fourteen (14) days thereafter.

PAVEMENT STRIPING AND RAISED REFLECTIVE PAVEMENT MARKERS The Contractor shall furnish and apply traffic stripes and pavement markings as shown on the plans and as directed by the Engineer. Placement of striping and markings shall conform to the requirements of Section 84 and 85 of the 2010 Caltrans Standard Specifications and these Special Provisions.

Two applications of paint shall be made for all layout alignment and spotting. The Contractor shall mark, or otherwise delineate, the pavement markings before leaving the site on the same day he covers the existing striping and markings. No street shall be without the proper striping when open to the public.

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Paint for Traffic Striping and pavement markings shall be low volatile organic compound (VOC) beaded paint.

Thermoplastic striping and markings shall not be permitted.

Subsection 84-1.01, "General", are amended to read:

This work shall consist of applying painted traffic lines and pavement markings at the locations and in accordance with the details shown on the plans or designated by the Engineer, and as specified in these Specifications and the Special Provisions.

The kind of material or paint to be applied will be as designated in the Caltrans Standard Specifications, specified in the Special Provisions, or shown on the plans.

Paragraph 1 of Subsection 84-1.03A, is amended to read:

The Contractor shall perform all layout, alignment and spotting, which will consist of existing strips or control points spaced at 200 feet on tangents and 50 feet on curves and tapers.

The first sentence of paragraph 4 of Subsection 84-1.03C" Tolerances and Appearance", is amended to read:

Drips, overspray, improper markings and paint material tracked by traffic shall be immediately removed.

Pavement markers shall conform to the provisions in Section 85, “Pavement Markers”, of the Caltrans Standard Specifications and these “Special Provisions”, and as approved by the Engineer.

RPM’s shall be placed as part of the second coat of striping. At each fire hydrant location, a blue RPM shall be placed as indicated on the Project Plans and as directed by the Engineer.

Wheel Stops
GENERAL:
wheel stops shall be furnished and installed as shown on the project plans and as directed by the owners representative.

PAYMENT
Payment for TRAFFIC SIGNING, STRIPING, LEGENDS, MARKERS and Wheel Stops shall be made at the contract price Lump Sum for the various striping, signing and markings items, and shall include full compensation for furnishing all labor, materials (including glass beads and paint), tools, equipment, stencils and incidentals; and for doing the work involved in installation of new

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traffic signs, new sign posts, removal of stripes, raised pavement markers, and pavement markings, placement of temporary striping, painting parking stall stripes, placement of raised pavement markers and pavement markings consisting of legends, removal, salvaging, and re-installation of existing wheel stops and furnishing and installing precast wheel stops, rebar anchors, and no additional compensation will be allowed therefore.

Compensation for removal of existing pavement markings and raised pavement markers shall be considered as included in the various items of work.

END OF TECHNICAL SPECIFICATIONS

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APPENDIX A

STANDARD PLANS

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Appendix B
Contract
Services
Agreement

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CONTRACT SERVICES AGREEMENT
FY 2023-24 Parking Lot Rehabilitation
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 20__ by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and «Contractor», a «Entity_Type» (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement.

Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning». Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to

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the best of its ability, experience, and talent, perform all Services described herein.

Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.

Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor

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

Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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1.5 Time. Time is of the essence in the performance of this Agreement.

Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services 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 Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii)

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fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:

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a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.

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a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor.

Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.

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Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.

Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

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b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection

8.4 or 8.5 of this Agreement.
d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement.

Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.

Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in

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the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.

In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees.

Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general

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aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.

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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: FY 2023-24 Parking Lot Rehabilitation. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is:

City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required

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insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.

Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties

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of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for

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the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor 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 with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and

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operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of

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apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.

In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties

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and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

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8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. 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 extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract

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Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator

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shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, 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 party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any

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such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. 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.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and

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representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Brad Skeene, Parks and Facilities Superintendent (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:
«Contractor»
Attn: «Contractor_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:

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City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Brad Skeene, Parks and Facilities Superintendent
with a copy to:

City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. 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.

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

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 or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the

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performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]

2905/009410-1001
19412635.3 a03/11/24
Contract Services Agreement | 28
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF YORBA LINDA
Tara Campbell, Mayor
Attest:

Marcia Brown, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONTRACTOR
By:

Name:

Title:

By:

Name:

Title:

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]

2905/009410-1001
19412635.3 a03/11/24

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
Services shall include FY 2023-24 Parking Lot Rehabilitation services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed
«CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
[ATTACH BID PACKAGE / SCOPE OF WORK]

(PAGE 1 OF 2)
City Of Yorba Linda
Faithful Performance Bond
For
FY 2023-24 Parking Lot Rehabilitation
KNOW ALL MEN BY THESE PRESENTS that, Insert Contractors Name, as CONTRACTOR, and,___________________________________________________as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of Insert Written Dollar amount Dollars ($.00), which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

WITNESS our hands this ________ day of _____________, 2024.

CONTRACTOR (CORPORATION-TYPE)
(SEAL) By
President
By
Secretary/Treasurer

FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
______________________________

SURETY'S NAME-TYPE
______________________________

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.

BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

(PAGE 1 OF 2)
City Of Yorba Linda
Material And Labor Bond
For
FY 2023-24 Parking Lot Rehabilitation
KNOW ALL MEN BY THESE PRESENTS that, Insert Contractors Name, as CONTRACTOR, and,___________________________________________________as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of Insert Written Dollar amount Dollars ($.00), which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

WITNESS our hands this ________ day of _____________, 2024.

CONTRACTOR (CORPORATION-TYPE)

By___________________________
President

(SEAL) By __________________________
Secretary/Treasurer

MATERIAL AND LABOR BOND
(PAGE 2 OF 2)

SURETY'S NAME-TYPE

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.

BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

ADMINISTRATION DEPARTMENT
DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: DESIGNATION OF NEW CITY TREASURER

RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2024-5899 designating David Christian as the City Treasurer and rescind Resolution No. 2021-5744.

BACKGROUND
The City Treasurer is appointed by the City Council per Government Code § 34856. At the April 20, 2021 City Council meeting, Resolution No. 2021-5744 was adopted designating the newly appointed Finance Director, Dianna Honeywell, as the City Treasurer. Since Ms.

Honeywell has left the organization, it is necessary to appoint a new City Treasurer until a new Finance Director is hired.

DISCUSSION
The duties of Treasurer are typically handled by the Finance Director and due to Mr.

Christian’s previous experience as Finance Director and City Treasurer for the City of Yorba Linda, it makes best sense to have him fulfill those duties until a new Finance Director is hired. Once a new Finance Director is hired, staff will return to Council with a recommendation to appoint that individual as the City Treasurer if appropriate.

FISCAL IMPACT
There is no fiscal impact to the City with the adoption of this Resolution.

ALTERNATIVES
Appoint someone other than Mr. Christian as the City Treasurer.

ATTACHMENTS

1. Resolution No. 2024-5899

RESOLUTION NO. 2024-5899

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, DESIGNATING THE CITY TREASURER
AND RESCINDING RESOLUTION NO. 2021-5744
WHEREAS, Resolution No. 1129 of the City Council of the City of Yorba Linda prescribes that City warrants and/or checks shall be manually or mechanically signed by the City Treasurer, and
WHEREAS, the City Council appoints the City Treasurer per Government Code § 34856; and
WHEREAS, Resolution No. 2021-5744 designating a City Treasurer is hereby rescinded; and
WHEREAS, Dianna Honeywell no longer retains the position of City Treasurer with the City of Yorba Linda effective June 14, 2024; and WHEREAS, it is necessary for the efficient operation of the City to have a designated City Treasurer.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda to designate David Christian as the City Treasurer of the City of Yorba Linda effective June 18, 2024.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 18
th day of June, 2024.
__________________________

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

RESOLUTION NO. 2024-5899
PAGE NO. 2

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 18
th day of June, 2024, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JUNE 12, 2024
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP

4.1 APPROVAL OF MAY 29, 2024 PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Masterson, Second by Chairman Singh to approve the minutes as mailed. The motion carried (3-0-1-1) with the following roll call vote:

AYES: Singh, Masterson, Behura
NOES: None
ABSENT: Pease
ABSTAIN: Bernstein
Commissioner Behura arrived at 6:34 p.m.

7.1 CONDITIONAL USE PERMIT 2024-16 THIRUVENGADAM
A motion by Chair Pro Tem Bernstein, Second by Commissioner Masterson to adopt Resolution No. 5594 Conditional Use Permit 2024-16 Thiruvengadam subject to attached conditions of approval. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Singh, Bernstein. Masterson, Behura
NOES: None
ABSENT: Pease
ABSTAIN: None

7.2 CONDITIONAL USE PERMIT 2022-08 PATEL
A motion by Chair Pro Tem Bernstein, Second by Commissioner Behura to adopt Resolution No. 5595 Conditional Use Permit 2022-08 Patel subject to attached conditions of approval.

The motion carried (4-0-1-0) with the following roll call vote:

AYES: Singh, Bernstein, Masterson, Behura
NOES: None
ABSENT: Pease
ABSTAIN: None

8.1 LOT LINE ADJUSTMENT 2024-02 WADE

A motion by Commissioner Behura, Second by Commissioner Masterson to adopt Resolution No. 5596 approving Lot Line Adjustment 2024-02 Wade. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Singh, Bernstein, Masterson, Behura
NOES: None
ABSENT: Pease
ABSTAIN: None
Adjournment: The meeting adjourned at 7:08 p.m. to the June 26, 2024, Planning Commission meeting at 6:30 p.m.

CITY CLERK'S OFFICE
DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees.

MONTHLY REPORT:

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

CONTROL
Service Requests Completed: 8 31 205 894
Mosquitoes: 6 23 172 680
Rats: 1 4 23 132
RIFA: 1 4 8 68
Number of Swimming Pools Inspected/Treated: 42 160 941 4,072 Hours Spent Treating/Inspecting Gutters 0 0 244 244.0
Acres of Flood Channels Treated: 0.2 0.2 34.4862 41.7311 Acres Treated for RIFA: 55 270 1,843 6,726
IT (inspection/treatment) Sites Serviced: 36 236 1,291 6,490

SURVEILLANCE
Adult Mosquitoes Collected: 0 0 13,057 23,949
Mosquito Pools (Samples) Tested: 0 0 216 669
WNV Positive Samples: 0 0 0 0
Other Positive Samples 0 0 0 0
WNV Positive Birds: 0 0 0 0

COMMUNICATIONS / OUTREACH
Outreach Events Attended: 0 0 12 25
General Presentations: 0 0 6 16
Educational Program Presentations: 0 0 0 0
Service Requests & Miscellaneous Calls Received 13 55 471 1,877 Fleas, Ticks, and Others Tested: - - - 721
Number of Disease Investigations: 0 0 0 11
WNV Investigations: 0 0 0 1
Dengue Investigations: 0 0 0 13
Typhus Investigations: 0 0 0 1
Other Investigations: 0 0 0 0
Undergrounds Storm Systems Treated: 22 42 2,490 5,296
Public Insect ID Completed: - - 79 270

COUNTY WIDE PROJECTS / INFORMATIONAL UPDATE
Yorba Linda

ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

JUNE 18, 2024 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 11 – COUNCIL COMMITTEE AND AGENCY

REPORTS

ADDITIONAL INFORMATION RECEIVED AFTER POSTING OF AGENDA

Transportation Corridor Agencies
For the June 13, 2024, Meeting

BOARD MEETING HIGHLIGHTS

F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,

SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,

MISSION VIEJO
Natalie Meeks,

ANAHEIM
Mike Frost,

DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,

LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,

RANCHO SANTA MARGARITA
David Penaloza,

SANTA ANA
Ray Schnell,
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.

Lan Zhou, Ex Officio Member,
CALTRANS DIST. 12

SJHTCA BOARD OF DIRECTORS
Janine Heft, Chair,

LAGUNA HILLS
David Penaloza, Vice Chair,

SANTA ANA
Richard Hurt,

ALISO VIEJO
John Stephens,

COSTA MESA
Jamey Federico,

DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,

LAGUNA NIGUEL
Cynthia Conners,

LAGUNA WOODS
Patricia Kelley,

MISSION VIEJO
Robyn Grant,

NEWPORT BEACH
John Taylor,

SAN JUAN CAPISTRANO
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Lan Zhou, Ex Officio Member,
CALTRANS DIST. 12
73/133/241/261 TOLL ROADS
TCA BOARDS APPROVE FISCAL YEAR 2025 BUDGETS
The Foothill/Eastern Transportation Corridor Agency (F/ETCA) and San Joaquin Hills Transportation Corridor Agency (SJHTCA) Boards of Directors adopted the Fiscal Year 2025 (FY25) budgets with expenditures totaling $315.1 million — $136.8 million for the SJHTCA and $178.3 million for the F/ETCA. Key highlights within the FY25 budget include a $200 million early paydown of bond principal for SJHTCA, as well as allocated cash funds to advance three vital capital improvement projects:
the 241/91 Express Connector, the 241 Loma Improvements and the 73 Catalina View Improvements. The Boards-approved projects are anticipated to be completed by 2030 or earlier.

In addition, other key budgeted initiatives include:
• Planning for replacement of operational equipment
• Safety improvements and modernization of The Toll Roads customer service center and TCA administrative office space
• Advancement of the Saddle Club preservation property site use plan, allowing public access onsite for biking and hiking
• Evaluating opportunities to utilize TCA’s $28 million Habitat Conservation Fund • Processing partnership with the San Bernardino County Transportation Authority (SBCTA) The FY25 budgets reflect positive transaction and revenue trends while remaining fiscally conservative, maintaining the Agencies’ history of cost containment, incorporating FY25 activities from the Boards-approved strategic plan. The budgets are also aligned with the Agencies’ Boards-approved Debt Management Policies while meeting the fiduciary responsibility to bondholders. The approval of the budgets concludes a thorough and collaborative months-long development process where members of TCA’s committees provided input.

AUSTIN SAND FILTER CONSTRUCTION RETROFIT PROJECT
The Joint Boards of Directors approved a contract with Beador Construction Company in the amount of $444,300 for construction services to retrofit the Austin Vault Sand Filter project in the City of Newport Beach. The project, adjacent to the 73 Toll Road, provides filtration for stormwater treatment and allows for adequate water flows to prevent over-topping of the adjacent wetland basin.

As part of TCA’s commitment to environmental mitigation, the Boards directed staff to authorize a contract with Beador to retrofit and update the Austin Sand Filter to be effective in run-off treatment. TCA currently provides aesthetic, preventative and corrective maintenance on a routine basis. The replacement of filtration material and underlay pipe upgrade is expected to have a longevity of approximately 10 years and will ensure appropriate run-off treatment and minimize impacts to the adjacent wetland and Bonita Creek. The project is expected to be completed in the first half of 2025.

BIOLOGICAL SUPPORT SERVICES
The Joint Boards of Directors approved the selection of Psomas, Land IQ LLC and Chambers Group as the benched contractors for on-call biological consulting services for a duration of 5 years with 3 optional years at a total contract value of 4.3 million dollars. TCA continues to monitor, assess, and report on its approximately 2,100 acres of

mitigation sites on an annual basis, and the approved firms will assist TCA in meeting its environmental and conservation goals.

Biological services include habitat assessment, biological analysis, document reviews, surveys, construction monitoring, and document preparation to support the Agencies’ capital improvement and environmental initiatives. In addition to existing permit requirements, several projects, including the implementation of the habitat conservation fund, and land mitigation and endowment transfer evaluation, are anticipated to occur over the next several years under the Agencies’ Capital Improvement Program that will require biological services.

F/ETCA MITIGATION MONITORING REPORT
The F/ETCA Board approved the annual F/ETCA Mitigation Monitoring and Reporting Program status report. As part of the approvals for the construction of the Eastern Transportation Corridor (ETC) project, the F/ETCA adopted a Mitigation and Reporting Program encompassing over 300 mitigation measures. The monitoring program demonstrates the effective implementation of mitigation measures adopted as part of the certified Environmental Impact Report (EIR).

TCA recently received notice from the U.S. Army Corps of Engineers that the Agency has met its mitigation obligations at the Limestone mitigation sites as compensation for the ETC’s riparian impacts. Staff also provided an update on the status of the two remaining mitigation measures linked to the design and construction of the ETC projects.

The U.S. Department of Fish and Wildlife Services (USFWS) confirmed that TCA has successfully met its obligation for three of the four undercrossing areas on the 241 Toll Road. Due to the Agency’s annual mitigation monitoring program, and with other regional agency efforts, the coastal California gnatcatcher and other native wildlife have been provided a greater opportunity for reproductive successs.

In FY25, TCA will work to continue to meet its obligations under the F/ETCA Mitigation Monitoring and Reporting Program and will also evaluate approaches and timing to complete and closeout the program.

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: JUNE 18, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: REVISED 2021-2029 HOUSING ELEMENT AND VARIOUS GENERAL

PLAN AND ZONING CODE AMENDMENTS RELATED TO THE HOUSING

ELEMENT IMPLEMENTATION PROGRAMS

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-5898 approving the General Plan Amendment 2023-01 to revise the 2021-2029 Housing Element as approved by the State Department of Housing and Community Development.

It is also recommended that the City Council conduct the first reading and introduce the following Ordinances related to the Housing Element Implementation Programs:
1) Ordinance No. 1108 amending the text of the Land Use Element of the General Plan (GPA 2024-01) and finding that GPA 2024-01 is not subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and 2) Ordinance No. 1109 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2024-02) and finding that GPA 2024- 02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and
3) Ordinance No. 1110 amending the Zoning Code (ZCA 2024-01) and finding that ZCA 2024-01 is not subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and
4) Ordinance No. 1111 amending the Zoning Code (ZCA 2024-02) and finding that ZCA 2024-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative.

BACKGROUND/DISCUSSION
A Housing Element is a State-mandated policy document within a City’s General Plan that identifies existing and future housing needs determined by the State and establishes clear goals and zoning changes needed to meet those goals. The State Department of Housing and Community Development (HCD) is tasked with reviewing Housing Elements for compliance with State housing laws.

Regional Housing Needs Allocation, or “RHNA”, is a State-mandated process quantifying the

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need for housing in each city and county throughout the State. The RHNA process assigns a total number of housing units that each local government must plan for with its land use policies and outlines the general price points that the housing should seek to target. The RHNA Housing Allocation for Yorba Linda is 2,415 units for the 6th Cycle (2021-2029), meaning the City must devise a plan and related zoning to allow for the potential development of 2,415 housing units in the City to be built by 2029.

Importantly, the City does not build housing. The market and market influences, such as certain subsidies, the macroeconomy, interest rates and more determine what housing gets built. The City’s role is to create zoning that would theoretically allow that number of housing units to be built over the RHNA period, in this case, 2021 to 2029.

California state housing policy and RHNA allocation are all subjects of discussion and policy debate for their merits and actual impact on the housing market. However, the City must develop a compliant Housing Element and related zoning or it will face the loss of local control for land use, risk substantial fines, lose access to State grant funds, become vulnerable to lawsuits from developers and affordable housing advocates and open the gates to ‘Builder’s Remedy’ applications that completely bypass many local land use rules. Builder’s Remedy promises the loss of City authority to review and limit developments.

Measure B, or the Right-To-Vote Amendment (RTVA), enacted in 2006, is a citizensponsored, voter-approved initiative, incorporated within the City’s Municipal Code. It requires citywide elections for the approval of certain “Major Amendments” to the City’s Planning Policy Documents, including the Housing Element. Although this measure highlights the value of community participation, it creates an additional important step for the community to navigate to adopt a compliant Housing Element.

Between October 2020 and August 2022, City staff conducted numerous study sessions and community workshops with stakeholders, consultants, and members of the public to comment and provide direction on the content of the City’s draft housing element, and conducted numerous public hearings related to the adoption of several General Plan Amendments and Zoning Code Amendments to implement the 2021-2029 Housing Element that was conditionally certified by HCD on April 8, 2022. The Zoning Code Amendments and General Plan Amendments included in the Housing Element were presented to the voters in November 2022; however, the voters did not support the proposal.

In order to retain its conditional certification of its Housing Element from HCD, the City is required to present a rezoning plan to the general electorate of the City by the General Election in November 2024. In an effort to evaluate next steps and to expand overall resident engagement on this important and complex policy issue, the City determined that a robust and extended dive into housing policy with a broad swath of residents would be helpful. The idea was to talk directly with residents about the background, policy choices and tradeoffs of land use policy, and to listen deeply to their ideas and suggestions for how to best address land use in the future of Yorba Linda. Additionally, the hope was to start with a group of these residents (referred to as the Working Group) who were willing to dedicate several

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hours to the discussion and learning in order to gather effective feedback that recognized the policy challenges in addition to general resident sentiment.

The City Council gave no mandate for the outcome of the Working Group. The only direction was that City Staff and City consultants would facilitate meetings of this group, bring the group information, answer their questions and offer suggestions on possible approaches, tradeoffs and direction for the Working Group to consider. The Working Group came to a conclusion about key observations and suggestions and presented these recommendations to the City Council for their consideration. The City Council was supportive of the recommended changes to the Housing Element and directed staff to engage in public outreach to the general public. More information about the Working Group can be found on the City’s website: https://yllocalcontrol.com/.

The City of Yorba Linda hosted a series of virtual and in-person workshops in 2023 to engage residents about proposed changes to the City’s 2021-2029 Housing Element in order to comply with State law and retain local land use control. Each workshop covered the same material and offered residents an opportunity to ask questions and learn more about the Housing Element Process and nearly 400 residents from a diversity of backgrounds, ethnicities, age groups, political affiliations, geography within the city, housing tenure, and varying perspectives on housing, participated in these discussions.

After all of the recommendations from the Working Group and the public input from the community workshops, staff recommended that the City Council make the following changes to the previously-approved Housing Element:
 Add a new 8-acre parcel in Savi Ranch and increase the density permitted on Savi Ranch sites from 35 units per acre to 60 units per acre (an increase from 200 units to 790 units)
 Remove the Bryant Ranch Center from the City’s Housing Element (per the property owner’s request)
 Remove the following sites:
o Two sites at the southern terminus of South Ohio
o Site at Kellogg/Grandview
o Chabad Center
o CRK Stables and residential properties to the south
o Islamic Center and 2-acre residential parcel to the northwest (Site S3-034) o Yorba Linda Preschool
o Residential parcel between Highland and Eureka, south of Yorba Linda Blvd (Site S5-205A)
 Reduce the number of units on the Fairmont site (Site S5-008) from 230 units to 30 units
 Reduce the density for the Christmas Tree Farm from 35 units per acre to 10 units per acre

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 Remove the former CRK Stables property and the residential property to the south from Site S3-203 and reduce the density of Site S3-203 to no more than 5 units per acre
In December 2023, the City Council directed staff to resubmit the resident-driven revised Housing Element to HCD for consideration. On February 23, 2024, HCD sent a letter stating that the City’s draft revised Housing Element was found to be in substantial conformance with State housing laws. At this time, the City is now bringing the draft revised Housing Element along with its accompanying implementation programs through the public hearing process for approval. The City has also been hosting a number of in-person community meetings to learn more about the revised Housing Element and to participate in the future of Yorba Linda’s housing landscape. Several of these meetings were recorded and are available on the City’s website at https://yllocalcontrol.com/workshops/.

CEQA
The City’s CEQA consultant, T&B Planning, has prepared an Addendum to the previously certified PEIR for the 2021-2029 Housing Element and its implementation programs. The Addendum demonstrates that the revised Housing Element does not create any additional impacts beyond those previously analyzed and addressed in the certified PEIR.

One key component of the Addendum was the preparation of an updated Traffic Analysis and Vehicle Miles Traveled (VMT) Analysis. The Traffic Analysis analyzed 21 intersections to evaluate traffic-related deficiencies based on the proposed rezoning. The analysis took 2024 existing conditions and projected conditions in 2045 based on conditions both without and with the proposed rezoning.

There are currently two intersections operating at less than acceptable levels of service in both the AM and PM peak hours per the City’s Circulation Element (Lakeview Ave/Buena Vista Ave and Kellogg Dr/Southbound Imperial Highway). If no improvements are made to these intersections, they will continue to operate at less than acceptable levels of service with or without the proposed rezoning. Furthermore, the intersection of Yorba Linda Blvd/La Palma Ave is projected to operate at a less than acceptable level of service in the PM peak hour by 2045 with or without the proposed rezoning unless improvements are made to the intersection. All other intersections are anticipated to operate at acceptable levels of service with or without the proposed rezoning.

The Traffic Analysis also includes the planned and recommended improvements at various intersections in order to ensure that various intersections will operate at acceptable levels of service through 2045. Improvements are already planned for Imperial Highway/Yorba Linda Blvd and Yorba Linda Blvd/Savi Ranch Pwky. The recommended improvements at Kellogg Dr/Southbound Imperial Highway will require coordination with the City of Anaheim and CalTrans, and the recommended improvements at Yorba Linda Blvd/La Palma Ave will require coordination with the City of Anaheim.

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On April 25, 2024, the updated Traffic Analysis and Vehicle Miles Traveled (VMT) Analysis was presented to the Traffic Commission for consideration and comment. The Traffic Commission took public comment, which mostly focused on traffic concerns at Yorba Linda Blvd/La Palma Ave, traffic conditions headed eastbound down La Palma to Gypsum Canyon Rd, and traffic concerns at Lakeview Ave/Buena Vista Ave. The Traffic Commission requested that the City further analyze the traffic impacts of these locations and update the Traffic Analysis, if necessary. The City’s traffic consultant with Urban Crossroads has confirmed that the traffic analysis was conducted properly per the City’s guidelines. The consultant also advised that there are significant improvements underway on the 91 freeway which Caltrans has stated will significantly improve the traffic conditions along the freeway and should reduce the amount of cut through down La Palma Ave in the future.

The City’s CEQA consultant also updated the Noise and Vibration Impact Analysis, which shows that no additional noise and vibration impacts are anticipated from the revised Housing Element beyond the noise and vibration impacts previously analyzed under the certified PEIR. Finally, an updated Mitigation Monitoring and Reporting Program has been prepared to address the impacts of the revised Housing Element.

PLANNING COMMISSION REVIEW
On May 15, 2024, the City’s Planning Commission conducted a public hearing related to this effort. The minutes from the Planning Commission meeting are included as an attachment to this report. After taking into consideration all the public comments, the Planning Commission unanimously recommended that the City Council adopt the revised Housing Element and its accompanying General Plan Amendments and Zoning Code Amendments contingent upon approval by the general electorate in the November 2024 General Election.

FISCAL IMPACT
If the City Council decides to move forward with a Measure B ballot measure for this November’s election, upon adoption of the Housing Element ordinances for the proposed General Plan Amendments and Zoning Code Amendments at the second reading of such ordinances, the City Council will need to direct staff to schedule the applicable Measure B ballot measure for a future election. As noted above, the certification letter issued by State HCD in February 2024 states that the rezoning ballot measures will be taken to a vote by November 2024. The City is responsible for all costs associated with the ballot measure.

These costs have been estimated to range from $125,000-$150,000 and have been included in the City Clerk’s budget for FY 24/25. In addition to direct election costs, additional City costs have been earmarked for a Measure B education program. The City received a total of $610,000 in grants from HCD to cover the cost of the preparation of the Housing Element and its implementation programs (including CEQA). While these costs have been exceeded, this funding has helped to significantly offset the cost of the preparation of the Housing Element.

REVISED 2021-2029 HOUSING ELEMENT AND VARIOUS GENERAL PLAN AND

ZONING CODE AMENDMENTS RELATED TO THE HOUSING ELEMENT

IMPLEMENTATION PROGRAMS
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ALTERNATIVES
In order to retain a certified Housing Element, the City Council would need to approve these recommendations and allow the voters the opportunity to decide whether to support the City’s proposed Housing Element.

If the City Council decides to not support the revised Housing Element, the City would be in conflict with its conditional certification of its Housing Element from the State, and the State has a number of different penalties it can impose upon cities without a certified Housing Element ranging from loss of funding and fines to the State restricting local land use decisions through restrictions like the “builder’s remedy.”

ATTACHMENTS

1. Minutes from the May 15, 2024 Planning Commission meeting

2. Addendum to the Previously Certified Program Environmental Impact Report including Mitigation Monitoring and Reporting Program, Noise and Vibration Impact Analysis, Traffic Analysis and Vehicle Miles Traveled Analysis

3. Revised 2021-2029 Housing Element (Redlined Version)

4. Resolution No. 2024-5898 Approving General Plan Amendment 2023-01

5. Ordinance No. 1108 Approving General Plan Amendment 2024-01

6. Ordinance No. 1109 Approving General Plan Amendment 2024-02

7. Ordinance No. 1110 Approving Zoning Code Amendment 2024-01

8. Ordinance No. 1111 Approving Zoning Code Amendment 2024-02

ADDENDUM
TO THE

PROGRAM ENVIRONMENTAL IMPACT REPORT

FOR THE
CITY OF YORBA LINDA 2021-2029 HOUSING ELEMENT IMPLEMENTATION

PROGRAMS
(State Clearinghouse # 2022040574)
Yorba Linda Housing Element Update
Prepared For:

City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Prepared By:

T&B Planning, Inc.
3200 El Camino Real Suite 100
Irvine, CA 92602
May 2024

Addendum to the PEIR
Yorba Linda HE Implementation Programs PEIR Table of Contents Yorba Linda Housing Element Update i
Table of Contents
Section Number/Title Page

1.0 INTRODUCTION ........................................................................................................................1-1

1.1 Project Overview ............................................................................................................................1-1

1.2 California Environmental Quality Act.............................................................................................1-1

1.3 Format and Content of this PEIR Addendum .................................................................................1-4

2.0 ENVIRONMENTAL SETTING ..........................................................................................................2-1

2.1 Project Location..............................................................................................................................2-1

2.2 Existing Land Use............................................................................................................................2-1

2.3 Geological Setting...........................................................................................................................2-1

3.0 PROJECT DESCRIPTION ...............................................................................................................3-1

3.1 Project Background ........................................................................................................................3-1

3.2 Proposed Changes to the 2022 Certified PEIR ...............................................................................3-1

3.3 Summary of Requested Actions.....................................................................................................3-9

4.0 ENVIRONMENTAL ANALYSIS.........................................................................................................4-1

4.1 Aesthetics.......................................................................................................................................4-1

4.2 Agriculture and Forestry Resources...............................................................................................4-3

4.3 Air Quality.......................................................................................................................................4-4

4.4 Biological Resources.......................................................................................................................4-9

4.5 Cultural Resources........................................................................................................................4-14

4.6 Energy...........................................................................................................................................4-16

4.7 Geology and Soils..........................................................................................................................4-16

4.8 Greenhouse Gas Emissions...........................................................................................................4-20

4.9 Hazards and Hazardous Materials................................................................................................4-21

4.10 Hydrology and Water Quality.......................................................................................................4-24

4.11 Land Use and Planning .................................................................................................................4-30

4.12 Mineral Resources........................................................................................................................4-31

4.13 Noise.............................................................................................................................................4-32

4.14 Population and Housing ...............................................................................................................4-39

4.15 Public Services..............................................................................................................................4-40

4.16 Recreation.....................................................................................................................................4-43

4.17 Transportation..............................................................................................................................4-44

Addendum to the PEIR
Yorba Linda HE Implementation Programs PEIR Table of Contents Yorba Linda Housing Element Update ii

4.18 Tribal Cultural Resources..............................................................................................................4-46

4.19 Utilities and Service Systems........................................................................................................4-48

4.20 Wildfire .........................................................................................................................................4-51

4.21 Conclusion of the PEIR Addendum...............................................................................................4-56

5.0 REFERENCES ............................................................................................................................5-2

Addendum to the PEIR
Yorba Linda HE Implementation Programs PEIR Table of Contents Yorba Linda Housing Element Update iii
List of Figures
Figure Number/Title Page
Figure 2-1 Regional and Vicinity Map..........................................................................................................2-2 Figure 2-2 Aerial Photograph.......................................................................................................................2-3 Figure 3-1 Housing Opportunity Sites under the 2022 Certified PEIR.........................................................3-6 Figure 3-2 Housing Opportunity Sites under the Revised Project...............................................................3-7 Figure 4-1 Flood Hazard Zone – S6-015, S6-020, and S6-025....................................................................4-28 List of Tables
Table Number/Title Page
Table 3-1 Changes to the Yorba Linda Housing Element Housing Opportunity Sites................................3-3 Table 3-2 Summary of Revised Project Approvals/Permits.......................................................................3-9 Table 4-1 Revised Project Stationary Source Noise Level Compliance ....................................................4-34 Table 4-2 Existing with Revised Project Traffic Noise Level Increases.....................................................4-35 Table 4-3 Horizon Year (2045) Traffic Noise Levels..................................................................................4-36 Table 4-4 Revised Project Construction Equipment Vibration Levels......................................................4-38 Table 4-5 Citywide VMT Per Service Population......................................................................................4-45 Table 4-6 “Plus Project” VMT Per Service Population..............................................................................4-45

Addendum to the PEIR
Yorba Linda HE Implementation Programs PEIR Table of Contents Yorba Linda Housing Element Update iv
List of Appendices
Appendix Document/Reference Title
A 2022 Certified PEIR Mitigation Monitoring and Reporting Program B Noise Impact Analysis
C1 Traffic Impact Analysis
C2 Vehicle Miles Traveled Analysis

Addendum to the
Yorba Linda HE Implementation Programs PEIR Table of Contents List of Acronyms
Acronym Definition
Yorba Linda Housing Element Update v
AB Assembly Bill
ACOE Army Corps of Engineers
AHO Affordable Housing Overlay
AQMP Air Quality Management Plan
BMP Best Management Practice
CadnaA Computer Aided Noise Abatement
CalTrans California Department of Transportation
CAAQS California Ambient Air Quality Standards
CBC California Building Code
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CGS California Geological Survey
CLO Congregational Land Overlay
CO Carbon Monoxide
dBA Leq decibel A-weighted equivalent sound level
DSOD Department of Water Resources Division of Safety of Dams DTSC Department of Toxic Substances Control
Du/ac dwelling unit per acre
EIR Environmental Impact Report
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FPP Fire Protection Plan
GHG Greenhouse Gas(es)
HCD State Department of Housing and Community Development HRA Health Risk Assessment
Lbs/DU pounds per dwelling unit
LSTs localized significance thresholds
LUST leaking underground storage tank
Lw Reference Sound Power Levels
MBTA Migratory Bird Treaty Act
MERV maximum efficiency rating value
Mgd million gallons per day
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
MRZ Mineral Resource Zone
MTCO2e/SP Metric Tons of Carbon Dioxide Equivalent per service population MUP Mixed-Use Overlay
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission

Addendum to the
Yorba Linda HE Implementation Programs PEIR Table of Contents List of Acronyms
Acronym Definition
Yorba Linda Housing Element Update vi
No. Number
NOx Nitrogen Oxide
NPDES National Pollution Discharge Elimination System
NRHP National Register of Historic Places
OCFA Orange County Fire Authority
OCSD Orange County Sheriff’s Department
OCSD Orange County Sanitation District
PD Planned Development
PEIR Program Environmental Impact Report
PM Evening
PM Particulate Matter
PM2.5 Particulate Matter (2.5 microns in diameter)
PM10 Particulate Matter (10 microns in diameter)
Ppd pounds per day
Ppm parts per million
PPV Peak Particle Velocity
RNHA Regional Housing Needs Allocation
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board
SARQWCB Santa Ana Regional Water Quality Control Board
SB Senate Bill
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCE Southern California Edison
SCH State Clearinghouse
SFHA Special Flood Hazard Area
SOx sulfur oxides
SoCalGas Southern California Gas Company
SR State Route
SWPPP Stormwater Pollution Prevention Plan
µg/m3 microgram per cubic meter
TACs Toxic Air Contaminants
VMT Vehicle Miles Traveled
VOCs Volatile Organic Compounds
WQMP Water Quality Management Plan
YLPL Yorba Linda Public Library
YLWD Yorba Linda Water District

1.0 INTRODUCTION

Addendum to the
Yorba Linda HE Implementation Programs PEIR Introduction Yorba Linda Housing Element Update 1-1

1.0 INTRODUCTION

1.1 Project Overview
The City of Yorba Linda (hereinafter “City”) adopted the 2021–2029 Housing Element (Housing Element; Original Project) on February 9, 2022. On August 2, 2022, the Yorba Linda City Council approved the Original Project and certified the Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (herein after as “2022 Certified PEIR”; SCH: 2022040574). The Original Project was subjected to the requirements of Measure B1 and the City took a ballot measure (Measure Z) to the community on the November 8, 2022, general election ballot. However, Measure Z did not pass, with 75% of voters in opposition. Therefore, the City revised the Housing Element to reflect residents’ concerns and recommendations. The updated Housing Element (Revised Project) would continue to require a General Plan Amendment and Amendments to the Zoning Code and Zoning Map to implement the Revised Project. The General Plan Amendment would revise the Land Use Element to update the text and maps consistent with the proposed zoning. Amendments to the Zoning Code include modification to the text and maps to rezone 18 housing opportunity sites, including applicable planned development zones, and adoption of housing overlay zones (Affordable Housing Overlay, a Congregational Land Overlay, and a MixedUse Housing Overlay) consistent with the Housing Element. Under the Original Project, the proposed 27 housing opportunity sites resulted in a total net potential of 2,410 dwelling units. Under the Revised Project, the proposed 18 housing opportunity sites would result in a total net potential of 1,929 dwelling units, a decrease of 481 units from the 2022 Certified PEIR.

1.2 California Environmental Quality Act
The California Environmental Quality Act (CEQA), a statewide environmental law contained in Public Resources Code Sections 21000-21177, applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that public agencies inform their decision-makers of the environmental consequences of their discretionary actions and to consider alternatives and mitigation measures (MMs) that could avoid or reduce the discretionary actions’ significant, adverse environmental effects. CEQA also gives other public agencies and the public an opportunity to participate in the environmental review process.

1.2.1 Prior CEQA Compliance
Potential environmental impacts associated with buildout of the Housing Element were evaluated by the 2022 Certified PEIR. The 2022 Certified PEIR was prepared as a PEIR pursuant to CEQA Guidelines Section 15168. As defined by CEQA Guidelines Section 15168, a PEIR is “…an EIR which may be prepared on a series of actions that can be characterized as one large project and are related…”. 1 Measure B, or the Right-To-Vote Amendment (RTVA), is a citizen-sponsored, voter-approved initiative, incorporated within the City’s Municipal Code. It requires citywide elections for the approval of certain “Major Amendments” to the City’s Planning Policy Documents, including the Housing Element.

Addendum to the
Yorba Linda HE Implementation Programs PEIR Introduction Yorba Linda Housing Element Update 1-2
In certifying the 2022 Certified PEIR, the City Council found that the 2022 Certified PEIR adequately addressed the potential environmental impacts associated with planned buildout of the Housing Element. The 2022 Certified PEIR identified the following three (3) significant and unavoidable environmental impacts that would result from implementation of the Housing Element:
 Air Quality: The 2022 Certified PEIR found that the Original Project would result in an inconsistency with the South Coast Air Quality Management District’s (SCAQMD’s) Air Quality Management Plan.

Additionally, the 2022 Certified PEIR found that the Original Project would result in potentially significant direct and cumulatively-considerable impacts with regards to long-term operational volatile organic compounds (VOC) and nitrous oxide (NOx) emissions, and construction-related emissions of carbon monoxide (CO), VOCs, NOx, sulfur oxides (SOX), Particulate Matter (10 microns in diameter) (PM10), and Particulate Matter (2.5 microns in diameter) (PM2.5). Further, the 2022 Certified PEIR found that the Original Project would result in potentially significant impacts to sensitive receptors during construction and operation. The Original Project would implement Mitigation Measures MM 4.1-1 and 4.1-2; however, no feasible mitigation measures exist to reduce these impacts to less than significant.
 Greenhouse Gas Emissions: The 2022 Certified PEIR determined that the Original Project would result in greenhouse gas emissions that exceed the established significance threshold (the SCAQMD screening threshold using a project-level efficiency target). Therefore, GHG emissions were determined to be potentially significant, and the Original Project would conflict with the California Air Resources Board (CARB) 2017 Scoping Plan. The Original Project would implement Mitigation Measures MM 4.1-1 and 4.1-2; however, these measures would not reduce the impact to less than significant.
 Noise: The 2022 Certified PEIR determined that the Original Project could result in an exceedance of construction-related noise thresholds. The Original Project would implement Mitigation Measures MM 4.6-1 through MM 4.6-3 which would contribute in minimizing construction-related noise.

However, due to the unknown number of construction activities that could occur at one time, proximity of construction activities to sensitive receptors, and other factors that cannot be quantified at the time, such as the longevity of activities, construction related noise impacts may not be reduced to less than significant levels for some future development. Therefore, Original Project and cumulative impacts would remain significant and unavoidable.

In conjunction with certifying the 2022 Certified PEIR, the City Council adopted a Statement of Overriding Considerations for the Original Project, which stated that the benefits of the Housing Element outweighed the significant and unavoidable environmental impacts summarized above.

1.2.2 CEQA Rules and Requirements for an Addendum
The CEQA Guidelines allow for the preparation of an Addendum to a previously approved/certified CEQA document when a subsequent project is within the scope of the analysis of the earlier approved CEQA document and when some changes or additions to the original CEQA document are necessary but none of the following conditions are met:

Addendum to the
Yorba Linda HE Implementation Programs PEIR Introduction Yorba Linda Housing Element Update 1-3
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of environmental effects or a substantial increase in the severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:

1. The project will have one or more significant effects not discussed in the previous EIR;

2. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the MM or alternatives; or

4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the MM or alternative (See CEQA Guidelines Section 15162).

If none of the circumstances listed above occur and only minor technical changes or additions are necessary to update the previously approved/certified CEQA document, an Addendum may be prepared (See CEQA Guidelines Section 15164).

1.2.3 Finding for the Revised Project
The City, serving as the CEQA Lead Agency for the Revised Project (See CEQA Guidelines Sections 15050– 15051), determined in its independent judgment that the Revised Project does not meet any of the circumstances from CEQA Guidelines Section 15162 and that an Addendum to the 2022 Certified PEIR is the appropriate CEQA compliance document for the Revised Project. The City’s finding is based on the following facts:
a. As demonstrated in Section 4.0 of this document, the Revised Project would not require major revisions to the previously-certified 2022 Certified PEIR because implementation of the Revised Project would neither result in any significant impacts to the physical environment that were not already disclosed in the 2022 Certified PEIR nor result in substantial increases in the severity of the environmental impacts previously disclosed in the 2022 Certified PEIR. b. Subsequent to the certification of the 2022 Certified PEIR, no substantial changes in the circumstances under which the Revised Project would be undertaken have occurred that would

Addendum to the
Yorba Linda HE Implementation Programs PEIR Introduction Yorba Linda Housing Element Update 1-4
require major revisions to the 2022 Certified PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
c. There is no evidence in the public record that new information of substantial importance has become available that is applicable to the Revised Project and/or the City (Project site), was not known and could not have been known with the exercise of reasonable diligence at the time the 2022 Certified PEIR was certified and would alter the conclusions of the 2022 Certified PEIR.

1.3 Format and Content of this PEIR Addendum
The following components comprise the PEIR Addendum in its totality:
a. This Introduction (Section 1.0), the Environmental Setting (Section 2.0), and the Project Description (Section 3.0).
b. The environmental impact analysis(Section 4.0), which concludesthat implementation of the Revised Project would neither result in any new, significant environmental impacts that were not previously disclosed in the 2022 Certified PEIR nor substantially increase the severity of the significant environmental impacts beyond the levels disclosed in the 2022 Certified PEIR. c. Three (3) technical reports and other documentation that evaluate the Revised Project, which are attached as PEIR Addendum Technical Appendices A-B.

Appendix B Noise Impact Analysis
Appendix C1 Traffic Impact Analysis
Appendix C2 Vehicle Miles Traveled Analysis
d. The Draft and Final 2022 Certified PEIR, accompanying Mitigation Monitoring and Reporting Program (MMRP), Technical Appendices to the 2022 Certified PEIR, Findings and Statement of Facts, Statement of Overriding Considerations, as well as all associated staff reports, memoranda, public comments and other materials relating to the originally approved project and 2022 Certified PEIR, which are all herein incorporated by reference pursuant to CEQA Guidelines Section 15150 and are available for review at City of Yorba Linda Planning Division; 4845 Casa Loma Avenue, Yorba Linda, CA 92886.

2.0 ENVIRONMENTAL SETTING

Addendum to the
Yorba Linda HE Implementation Programs PEIR Environmental Setting Yorba Linda Housing Element Update 2-1

2.0 ENVIRONMENTAL SETTING

2.1 Project Location
The Project site encompasses the entire City of Yorba Linda, which is located in the northeast portion of Orange County, California. The City is located approximately 38 miles southeast of the City of Los Angeles and 12 miles north of the City of Santa Ana. It is bounded by the cities of Corona to the east, Brea to the north, Placentia to the west and southwest, and Anaheim to the south. Chino Hills State Park is located to the north. Regional access to the City is provided primarily via State Routes 90 (SR-90), which runs north‐ south through the center of the City, and 91 (SR-91), which runs east‐west along the southern boundary of the City. Local access is provided by various arterial highways that intersect the City, including Yorba Linda Boulevard and Bastanchury Road. See Figure 2-1, Regional and Vicinity Map, and Figure 2-2, Aerial Photograph.

2.2 Existing Land Use
Incorporated in 1967, the City of Yorba Linda is predominately a suburban, low‐density community. The City primarily consists of residential and open space uses. Residential uses comprise over 46 percent of the total acreage in the City, and open space and recreation uses comprise over 27 percent of the total acreage in the City. Open space is predominately located along the northern boundary of the City. Less than six percent of the land in the City is in public/institutional, commercial, office and industrial uses. Commercial corridors are focused along Imperial Highway, Yorba Linda Boulevard, and Savi Ranch. The majority of industrial uses are located in the Savi Ranch area in the southeastern portion of the City. Additionally, approximately 2,586 acres of vacant land is interspersed throughout the City (City of Yorba Linda, 2016b).

2.3 Geological Setting
The City is located within the central, northernmost portion of the Santa Ana Mountains, which are part of the Peninsular Ranges Geomorphic Province. It is in Santa Ana Canyon on a low rolling plain formed by streams that drain the Puente Hills. The Puente Hills extend beyond the City to the north and east while the Santa Ana River forms a natural southern boundary. Yorba Linda can be divided into three terrain provinces:
the eroded plain, the Santa Ana River floodplain, and the Puente Hills. The eroded plain area covers the majority of the City, extending from the edge of the Puente Hills to the Santa Ana River, and is characterized by low rounded ridges and knolls, separated by generally northeast‐and southeast trending gullies and ravines. The Santa Ana floodplain is the relatively flat area between the Santa Ana Mountains and the floodplain to the north and is covered by relatively recent deposits of course‐grained sand and gravel. The Puente Hills area is characterized by semi‐to‐well‐rounded hills with rather deeply gashed drainage channels.

The Puente Hills are mostly underlain by Cenozoic sedimentary bedrock formations consisting of sandstone, silt‐stone, and shale. The eastern Puente Hills are made up of marine sedimentary rock units overlain in some areas by terrestrial sediments. Reviews of geologic maps indicate that sediments from the Late Miocene Yorba and Sycamore Canyon Members of the Puente Formation, Quaternary landslides, and older and younger Quaternary Alluvium underlie the eastern Puente Hills. (City of Yorba Linda, 2016b)