Agenda packet — Yorba Linda City Council, September 16, 2025 (part 4 of 5)

City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
11 F. References
NCE’s continued collaboration and repeat work with these agencies demonstrate our reliability, technical excellence, and client-focused approach to pavement preservation and management. Feedback from agency staff consistently highlights NCE’s responsiveness, accurate deliverables, and attention to project schedules and budgets.

Christian Malpica, Associate Engineer
City of Diamond Bar Public Works Department
21810 Copley Drive
Diamond Bar, CA 91765
p: (909) 839-7042
e: [email protected]
Project Name: Street Rehabilitation and ADA Curb Ramp
Improvement
Lauren Sablan, City Engineer
City of Redondo Beach Public Works Department
415 Diamond Street
Redondo Beach, CA 90277
p: (310) 697-3150
e: [email protected]
Project Name: Pavement Evaluation/Design and Street
Rehabilitation Projects
Amber Shah, PE, Director of Public Works
City of San Marino Public Works Department
2200 Huntington Drive
San Marino, CA 91108
p: (626) 300-0787
e: [email protected]
Project Name: Street Rehabilitation Programs and PMS
Update Services
Robert Bias, Public Works Engineering Technician
City of Alhambra Public Works Department
Engineering Services Division
111 South First Street
Alhambra, CA 91801
p: (626) 570-5062
e: [email protected]
Project Name: Design Services for FY 23-24 Street
Rehabilitation
Rustom Tavitian, MS, PE, Civil Engineer II
City of Glendale Public Works Department
633 E Broadway Room 205
Glendale, CA 91206
p: (818) 937-8326
e: [email protected]
Project Name: Maintenance District 6 Phase II
Rehabilitation
NCE’s team was responsive, clearly communicated their progress, and tracked their expenditures to ensure they stayed within budget. NCE’s work product and deliverables were professionally prepared and submitted on time… Additionally, NCE staff were readily available to answer any questions and assist the City staff in running additional analyses even after completing their project. NCE has been and hopefully will continue to be an asset to the pavement management community and to the City of Diamond Bar.” Fabian Aoun, PE, Associate Engineer
City of Diamond Bar

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A
Appendix A
Project Team Resumes

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-1
Jim Bui, PE
Project Manager
Jim has 12 years of extensive transportation experience and serves as the Project Manager and/or Technical Lead on a variety of Public Works and Capital Improvement Projects that focus on transportation design for NCE’s Southern California region. He has expertise with civil and pavement design, Complete Streets, ADA compliance, bicycle and pedestrian safety improvement projects, and trails on municipal transportation infrastructure. His experience includes managing numerous citywide paving projects in California, many involving ADA compliance for curb ramps, pavement regrading, pavement recycling, as well as intersection design. Jim has led complex civil and pavement design-related tasks and has worked closely with NCE personnel and specialty subconsultants on these projects.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Project Manager. Jim used his extensive experience with annual roadway rehabilitation projects to manage the implementation of the PMP work plan into discrete projects and provide the appropriate pavement treatments, including slurry seals, cape seals, hot mix asphalt, and asphalt rubber hot mix paving for numerous roadway segments. He also managed the design of various standalone curb ramp projects, focusing on improvements to local schools and parks. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared all 3 CDBG curb ramp PS&E projects.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Project Manager. Jim managed the integrated design of numerous roadway rehabilitation streets improvements including the development of bicycle and pedestrian enhancements, as well as landscaping and irrigation design. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for the upcoming 3-year rehabilitation program (FY 2025/26–2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design Education
BS, Civil Engineering,
University of California, Irvine,
2013
Registration
Professional Engineer – Civil,
CA #86467
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Joined NCE
2013
Years of Experience
12 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-2
recommendations. They also collected curb and gutter
damage that will need to be addressed during construction.

The design also includes the development of new curb
ramps, bulb-outs as part of a Safe Routes to School initiative, intersection reconstruction, electrical work, sidewalk plaza regrading, and coordination with the City’s ongoing bicycle and pedestrian master plan improvements. NCE also helped update the City’s bid documents to the newer 2021
Greenbook Specifications and 2023 Caltrans Specifications.

NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Project Manager. Jim managed several projects with the
City, including pavement management, standalone CDBG
curb ramp projects, and various cycles of annual roadway pavement rehabilitation, increasing the City’s PCI and
improving accessibility across the City. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections. Innovative pavement solutions resulted in
significant cost savings, allowing more streets to be
improved. The project included comprehensive pavement
surveys, base repair markings, coring, subgrade testing, and sustainable treatment recommendations, with special
attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021 Greenbook technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Through its integrated design approach, NCE has helped the City improve its network PCI by 7 points, from a PCI of 65 in 2018 to a PCI of 72 in 2022, over a period of 4 years. This was achieved by creating a focused, multi-year plan that met the City's needs and optimized its capital improvement program budget.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Project Manager. Jim managed the development of costsaving pavement alternatives, including surface reconstruction and deep mill and overlays for various streets in poor and failing condition. The City of Alhambra selected NCE to design PS&E for the City's annual roadway
maintenance and rehabilitation projects. The project
covered $3.1 million in improvements across 20 streets
segments, approximately 3.6 miles of residential streets. NCE staff collected data on curb and gutter damage to address drainage problems, pavement cross slopes, existing utility covers, and base repairs. The project included pavement treatments ranging from shallow overlays with Asphalt
Rubber Hot-Mix to full-depth reconstructions, over 7,000 linear feet of curb and gutter repairs, the replacement of 73 driveways, the design of 18 new ADA-compliant curb ramps, and the design of 44 retrofit ADA-compliant curb ramps.

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
Project Manager. Jim managed the street rehabilitation, ADA curb ramp upgrades, and comprehensive regrading for various streets, including the implementation of innovative pavement maintenance alternatives to bridge an anticipated shortfall in construction funding for various streets. NCE was selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves rehabilitating 2.8 miles of residential streets in a historic neighborhood with
treatments ranging from ARHM overlays, surface
reconstruction, and innovative multi-layered asphalt-rubber aggregate membrane (ARAM) interlayers to reduce required pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam
underneath the asphalt pavement could be preserved or
removed, marked pavement base repairs, and design
numerous curb ramps and driveway aprons. We also
designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and
insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive
roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway aprons, including the adjustment of driveways and sidewalk to conform to the
grading. The total project cost is nearly $8.9 million.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-3
Vivek Jha, MS, PE
Principal-in-Charge
Vivek is an experienced Client/Project Manager and serves as a Principal and the Southern California Operations Manager at NCE. He is a Professional Engineer with over 15 years of extensive experience in the pavement field, with expertise in pavement design and evaluation, rehabilitation and maintenance, as well as overall asset and pavement management. Vivek is skilled in overseeing the complete project lifecycle. This includes schedules, budgets, tracking and documenting variances, preparing technical reports, ensuring QA/QC from all aspects, as well as leading and facilitating stakeholder meetings.

He has a wealth of experience in using non-destructive technology (such as automated distress data, GPR FWD for pavement evaluation and design. He is also well-versed with StreetSaver® and PAVER™, in addition to a range of industry standards and tools, including the American Association of State Highway and Transportation Officials 1993 guidelines, the Mechanistic-Empirical Pavement Design Guide, and PCI assessments.

Representative Projects
Pavement Management Program Updates
City of Yorba Linda, CA
Client/Project Manager. Vivek served as the Project Manager for the last two PMP updates for the City and is currently working on finalizing the multi-year plan for Zones 7 and 1. NCE has served the pavement management needs of the City of Yorba Linda through three consecutive cycles since 2020. In 2020, NCE transitioned the City’s PAVER™ database to the Metropolitan Transportation Commission (MTC) StreetSaver® platform and, as part of the 2020 and 2022 PMP updates, completed tasks such as converting databases, verifying street inventory, field-verifying pavement inventory, conducting distress/condition surveys using ASTM D6433 on 215 centerline miles, calculating PCI for each street section, performing budgetary analyses with three funding scenarios, developing seven-year and two-year maintenance and repair work plans, and preparing the final report for Orange County Transportation Authority (OCTA) submittal. NCE prepared the City’s PMP Update in 2023/24, with the final report submitted to OCTA in May 2024.

Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Client Manager and Pavement Design Lead. Vivek played a vital role in the City’s 2022 update of their PMP, overseeing a network comprising 145 centerline miles and 1,014 pavement segments. He was responsible for analyzing and ensuring the quality of pavement distress data, updating maintenance and rehabilitation decision trees, revising treatment unit costs, and developing budget scenarios and executive summary reports. Since 2014, our work with the City of Diamond Bar has exemplified how pavement management partnerships can evolve into full-service infrastructure delivery. Beginning with traditional PMP updates across their 145-mile network, we successfully guided their transition from PAVER™ to StreetSaver® while completing comprehensive condition assessments. Our proven planning capabilities naturally led to our current three-year PS&E contract, where we're now delivering $10.2M in actual roadway improvements—from residential maintenance to arterial rehabilitation—demonstrating the complete project lifecycle expertise that clients value most.

Education
MS, Civil Engineering, Rowan
University, 2009
BS, Civil Engineering, Sardar
Patel College of Engineering,
Mumbai, India, 2007
Registrations
Professional Engineer – Civil,
MD #52713
Professional Engineer – Civil,
NJ #24GE05734600
Affiliations
Advisory Board Member,
CREATEs
ACRP Panel Member
Automated Pavement
Condition Survey Practices at
Airports
Joined NCE
2022
Years of Experience
15 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-4
Pavement Evaluation/Design and Street Rehabilitation
Projects
City of Redondo Beach, CA
Client Manager. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations
for the upcoming 3-year rehabilitation program (FY
2025/26–2027/28) to save the City approximately $1.5
million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these
projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9
centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory
testing to develop project-specific pavement design
recommendations. They also collected curb and gutter
damage that will need to be addressed during construction.

NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
PMS Project Manager and Pavement Engineer. Vivek is
serving as Project Manager responsible for assisting the City in updating their PMS update, which will be used by the City to select the streets for the next annual rehabilitation project. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street
Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections. Innovative pavement solutions resulted in significant cost savings, allowing more streets to be improved. The project included comprehensive pavement surveys, base repair markings,
coring, subgrade testing, and sustainable treatment
recommendations, with special attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed.

Construction plans featured updated 2021 Greenbook
technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE
prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable construction cost
(PS&E) for the City’s annual road rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive pavement design was
conducted, including pavement conditions surveys, base
repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has assisted the City with PMS and pavement evaluation and design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement evaluation and design, and preparation of PS&E packages. Through its integrated design approach, NCE has helped the City improve its network PCI by 7 points, from a PCI of 65 in 2018 to a PCI of 72 in 2022, over a period of 4 years. This was achieved by creating a focused, multi-year plan that met the City's needs and optimized its capital improvement program budget.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Client Manager.

The City of Alhambra selected NCE to design PS&E for the City's annual roadway maintenance and rehabilitation
projects. The project covered $3.1 million in improvements across 20 streets segments, approximately 3.6 miles of
residential streets. NCE staff collected data on curb and gutter damage to address drainage problems, pavement
cross slopes, existing utility covers, and base repairs. The project included pavement treatments ranging from shallow overlays with Asphalt Rubber Hot-Mix to full-depth
reconstructions, over 7,000 linear feet of curb and gutter repairs, the replacement of 73 driveways, the design of 18 new ADA-compliant curb ramps, and the design of 44 retrofit ADA-compliant curb ramps.

Project Approval & Environmental Document (PA&ED)
City of Santa Maria, CA
Client Manager. The City has secured ATP-grant (State-only) funding, including a local match totaling $8.131 million ($0.5 million for PA&ED, $0.5 million for PS&E, $0.6 million for ROW, and $6.531 million for construction) for the Active Santa Maria Safe Routes to School Project. The City aims to enhance safety, connectivity, and mobility for active
transportation users by providing new or upgraded facilities such as bike lanes, sidewalks, crosswalks, curb ramps, traffic beacons, shared use path, signage, and striping. The
improvements will also directly benefit five local Santa Maria elementary and middle schools and Allan Hancock College.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-5
Franz Haidinger, PE
QA/QC Reviewer
Franz is a Principal and Chief Engineer at NCE responsible for overseeing, managing, and developing designs and PS&Es for roadway improvement projects, in addition to implementing sustainable technologies. He has expertise in pavement and roadway design, pavement rehabilitation, Complete Streets, sustainable pavement technologies, and lowimpact development features. Franz also provides QA/QC, develops engineering standards for NCE, and oversees the firm’s quality assurance program. He critically reviews projects for constructability and focuses on making construction documents practical and clear for bidding.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
QA/QC Manager. Franz provided design guidance and quality control review. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones.

Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared CDBG curb ramp PS&E projects.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Civil QA/QC Manager. Franz provided design guidance and quality assurance/quality control review. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multiyear work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for the upcoming 3-year rehabilitation program (FY 2025/26–2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design recommendations. They also collected curb and gutter damage that will need to be addressed during construction. The design also includes the development of new curb ramps, bulb-outs as part of a Safe Routes to School initiative, intersection reconstruction, electrical work, sidewalk plaza regrading, and coordination with the City’s ongoing bicycle and pedestrian master plan improvements.

NCE also helped update the City’s bid documents to the newer 2021 Greenbook Specifications and 2023 Caltrans Specifications. NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Education
Diplom-Ingenieur (DI), Civil
Engineering, University of
Natural Resources and Life
Sciences, Vienna, Austria
(Equivalent of an MS, Civil
Engineering), 1997
Registrations/Certification
Professional Engineer – Civil,
CA #64725
Professional Engineer – Civil,
NV #19430
Troxler Nuclear Testing
Equipment Certification
#079039
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Joined NCE
2004
Years of Experience
28 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-6
Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Civil QA/QC Manager. Franz provided design guidance and quality assurance/quality control review. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections. Innovative pavement solutions resulted in
significant cost savings, allowing more streets to be
improved. The project included comprehensive pavement
surveys, base repair markings, coring, subgrade testing, and sustainable treatment recommendations, with special
attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021 Greenbook technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
QA/QC Manager. Franz provided design guidance and
quality assurance/quality control review.

The City of Alhambra selected NCE to design PS&E for the City's annual roadway maintenance and rehabilitation
projects. The project covered $3.1 million in improvements across 20 streets segments, approximately 3.6 miles of
residential streets. NCE staff collected data on curb and gutter damage to address drainage problems, pavement
cross slopes, existing utility covers, and base repairs. The project included pavement treatments ranging from shallow overlays with Asphalt Rubber Hot-Mix to full-depth
reconstructions, over 7,000 linear feet of curb and gutter repairs, the replacement of 73 driveways, the design of 18 new ADA-compliant curb ramps and the design of 44 retrofit ADA-compliant curb ramps.

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
QA/QC Manager. Franz provided design guidance and
quality assurance/quality control review. NCE was selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves rehabilitating 2.8 miles of residential streets in a historic neighborhood with treatments ranging from ARHM overlays, surface reconstruction, and innovative
multi-layered ARAM interlayers to reduce required
pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam
underneath the asphalt pavement could be preserved or
removed, marked pavement base repairs, and designed
numerous curb ramps and driveway aprons. We also
designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and
insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive
roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway aprons, including the adjustment of driveways and sidewalks to conform to the grading. The total project cost is nearly $8.9 million.

Valley View Avenue Pavement Rehabilitation from
Imperial Highway to Rosecrans Avenue Project
City of La Mirada, CA
QA/QC Manager. Franz provided design guidance and
quality assurance/quality control review. NCE provided
pavement rehabilitation services for the City of La Mirada’s Valley View Avenue from Imperial Highway to Rosecrans
Avenue. This is a highly traveled commercial corridor nearly a mile long with heavily deteriorated pavement that requires significant rehabilitation or reconstruction. NCE determined appropriate treatments, addressing ADA compliance, and
providing PS&E along with design support during
construction. The City is in the middle of a multi-milliondollar infrastructure improvement program made possible through City general funds, state and federal grants, and passage of Measure I by City residents, which provided
additional sales tax revenue of approximately $4 million per year for five years.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-7
James Signore, PhD, PE
QA/QC Pavement Design
James specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, the California Department of Transportation, and for heavy vehicle loading applications at airfields and ports. He has spent years researching all types of pavement materials, having directed a state-of-the-art American Association of State Highway and Transportation Officials Materials Reference Laboratory-certified and Superpave mix design-equipped research laboratory. He is well-versed in state and local pavement practices and specifications.

James has taught the National Highway Institute and the American Society of Civil Engineers' “Techniques for Pavement Rehabilitation” seminars to practicing engineers for 20 years. He taught graduate courses in pavement engineering at San Jose State University, and many of his former students are civil engineers at Bay Area local agencies. He uses his practical and research experience, technical knowledge, and teaching skills to develop an understanding of client needs and the creation of design and rehabilitation strategies that offer the clientagency the leading edge in methods and materials for their pavements. James is a former Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, and a current member of AFD70-1, Pavement Interlayer Systems.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Pavement Design QA/QC Manager. James provided pavement design guidance and quality assurance/quality control review. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Pavement QA/QC Manager and Pavement Design Lead. James served as the pavement design leader and quality assurance/quality control reviewer. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory.

As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for the upcoming 3-year rehabilitation program (FY 2025/26–2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and Education
PhD, Civil Engineering,
University of Illinois, UrbanaChampaign, 1998
MS, Civil Engineering,
University of Illinois, UrbanaChampaign, 1994
Registration
Professional Engineer – Civil,
CA #62647
Affiliations
Member Transportation
Research Board Committee
AFD70, Pavement
Rehabilitation
Member Transportation
Research Board Committee
AFD70-1, Pavement Interlayer
Systems
Former Member Federal
Aviation Administration
Pavement Technical Working
Group
Joined NCE
2014 plus 1999-2001
Years of Experience
25 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-8
FY 2023 annual roadway maintenance and rehabilitation
catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core
samples, and carried out laboratory testing to develop
project-specific pavement design recommendations. They
also collected curb and gutter damage that will need to be addressed during construction. The design also includes the development of new curb ramps, bulb-outs as part of a Safe Routes to School initiative, intersection reconstruction, electrical work, sidewalk plaza regrading, and coordination with the City’s ongoing bicycle and pedestrian master plan improvements.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Pavement QA/QC Manager and Flexible Pavement Design.

James provided flexible pavement design and quality
assurance/quality control. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections.

Innovative pavement solutions resulted in significant cost savings, allowing more streets to be improved. The project included comprehensive pavement surveys, base repair
markings, coring, subgrade testing, and sustainable
treatment recommendations, with special attention to
Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021
Greenbook technical specifications and detailed cost
estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
Pavement Design QA/QC Manager. James provided
pavement design guidance and quality assurance/quality
control review. NCE was selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves
rehabilitating 2.8 miles of residential streets in a historic neighborhood with treatments ranging from ARHM overlays, surface reconstruction, and innovative multi-layered ARAM interlayers to reduce required pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam underneath the asphalt
pavement could be preserved or removed, marked
pavement base repairs, and designed numerous curb ramps and driveway aprons. We also designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway
aprons, including the adjustment of driveways and sidewalks to conform to the grading. The total project cost is nearly $8.9 million.

California Department of Transportation
Statewide, CA
Contract and Task Order Manager. Since 2015, James has
overseen NCE’s multi-year on-call contract. NCE is presently providing technical solutions and assisting with
implementing new strategies and policies that will improve the state’s highway network. Key elements included
concrete materials and pavements, asphalt and plasticasphalt materials, construction evaluation, laboratory testing, and pavement management. Thirty Task Orders
were finalized or are still underway on subjects ranging from material evaluations to forensic investigations to data collection and analysis of highway pavement sections
throughout California. Examples of these Task Orders
include: 1) Comparison of statewide rubber hot mix asphalt performance versus hot mix asphalt performance; 2) Pilot project investigating the use of plastic binders on SR 162 (District 3) in flexible pavements; 3) Developing a road map for the implementation of Balanced Mix Design, a new hot mix asphalt mix design process; 4) Design and testing of rapid strength concrete mixtures for improved long term
performance; 5) Quantifying impacts of pavement
smoothness; and 6) Incorporating continuously reinforced concrete pavements into PaveM through preparation of
priority matrices, decision trees and performance models.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-9
Mahmoud Samara, MS, EIT
Pavement Design Lead
Mahmoud began his engineering career as a Project Engineer specializing in pavements at NCE. He has extensive experience in a range of projects, including civil design, pavement design and evaluation, rehabilitation and maintenance, as well as asset and pavement management. Mahmoud has expertise in laboratory performance characterization of flexible pavement materials, pavement management systems, life cycle cost analysis of pavement structures, non-destructive testing, falling weight deflectometer assessments, and flexible pavement design. He has proficiency in PMS software such as StreetSaver® and PAVER™. Mahmoud has also authored several publications and has delivered presentations on the “performance of asphalt binders” at annual meetings of the Transportation Research Board.

Representative Projects
Pavement Management Program Updates
City of Yorba Linda, CA
Pavement Engineer. Mahmoud conducted pavement condition surveys, performed budgetary analysis, and developed multi-year pavement maintenance and rehabilitation work plans. NCE has served the pavement management needs of the City of Yorba Linda through three consecutive cycles since 2020. In 2020, NCE transitioned the City’s PAVER™ database to the MTC StreetSaver® platform and, as part of the 2020 and 2022 PMP updates, finalized tasks such as converting databases, verifying street inventory, field-verifying pavement inventory, conducting distress/condition surveys using ASTM D6433 on 215 centerline miles, calculating PCI for each street section, performing budgetary analyses with three funding scenarios, developing seven-year and two-year maintenance and repair work plans, and preparing the final report for OCTA submittal. NCE prepared the City’s PMP Update in 2023/24, with the final report submitted to OCTA in May 2024.

Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Pavement Engineer. Mahmoud conducted pavement condition surveys and performed budgetary analysis. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

Education
MS, Civil and Environmental
Engineering, Rowan
University, Glassboro, New
Jersey, 2022
BS, Civil Engineering/ Highway
and Bridges Engineering, AlBalqa Applied University, Salt, Jordan, 2017
Registration
Engineer-in-Training – CA
#181889
Affiliations
Associate member with the
American Society of Civil
Engineers
Student Member in Academy
of Pavement Science and
Engineering
Friend of Transportation
Research Board committee
AKM20
Member in Transportation
Research Board Young
Members Subcommittee
Joined NCE
2022
Years of Experience
3 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-10
Pavement Evaluation/Design and Street Rehabilitation
Projects
City of Redondo Beach, CA
Pavement Engineer. Mahmoud was responsible for
conducting pavement design, pavement coring, developing pavement rehabilitation recommendations, and preparing
the pavement technical specifications for the project. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement
engineers refined the PMP recommendations for the
upcoming 3-year rehabilitation program (FY 2025/26–
2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also
contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6
million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design
recommendations. They also collected curb and gutter
damage that will need to be addressed during construction.

NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Pavement Engineer. Mahmoud was responsible for
conducting pavement condition surveys, performing
pavement coring and laboratory analysis, developing
pavement design and rehabilitation recommendations, and preparing technical specifications for the project. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program,
covering nearly $6.1 million and 19 of the City’s most
deteriorated street sections. Innovative pavement solutions resulted in significant cost savings, allowing more streets to be improved. The project included comprehensive pavement surveys, base repair markings, coring, subgrade testing, and sustainable treatment recommendations, with special
attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021 Greenbook technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
Pavement Engineer. Mahmoud was responsible for
conducting pavement condition surveys, performing
pavement coring and laboratory analysis, developing
pavement design using the Caltrans Highway Design Manual, preparing rehabilitation recommendations, and drafting
technical specifications for the project. NCE was selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves rehabilitating 2.8 miles of residential streets in a historic neighborhood with treatments ranging from ARHM overlays, surface reconstruction, and innovative
multi-layered ARAM interlayers to reduce required
pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam
underneath the asphalt pavement could be preserved or
removed, marked pavement base repairs, and designed
numerous curb ramps and driveway aprons. We also
designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and
insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive
roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway aprons, including the adjustment of driveways and sidewalks to conform to the grading. The total project cost is nearly $8.9 million.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-11
Pedro Sánchez, PE
Civil Design Lead
Pedro has over 18 years of experience providing civil engineering services. His experience includes the design and construction of projects for private clients and public agencies. His civil and transportation engineering experience involves the design of vertical and horizontal control plans, grading and drainage, street design, sidewalk, ADA-compliant curb ramp and driveway design, parking facilities, storm drain and utility system, yard piping and hydraulics, and hydrology analysis. He prepares construction plans, contract specifications, and cost estimates, ensuring conformity with state, federal, and local requirements. He is proficient in computer-aided design and drafting using AutoCAD Civil 3D, Land Development Desktop, AutoCAD, MicroStation V8, as well as MS Word and Excel Bluebeam.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Civil Design Lead. Pedro was responsible for civil design, including ADA curb ramp improvements, and led the CDBG packages and design and coordination of the PS&E for 3 maintenance zones. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Civil Design Lead. Pedro was responsible for civil design for FY 22 & FY23, including ADA curb ramp improvements with details, roadway re-grading with plan and profile, sidewalk bulb-out designs, and coordination of the PS&E for both packages. NCE has partnered with the City of Redondo Beach since 2017 on PMP updates, multi-year work plans, and asset inventory. For the upcoming 3-year rehabilitation program (FY 2025/26–2027/28), NCE’s refinements to the PMP are projected to save the City about $1.5 million. In 2024, NCE was also contracted to provide PS&E design for the City’s FY 2022 and FY 2023 roadway maintenance and rehabilitation catch-up programs, preparing a $2.6 million PS&E package for 32 street segments over 5.9 centerline miles. NCE marked base repair locations, took pavement cores, performed lab testing, and developed pavement design recommendations.

The team also identified curb and gutter repairs, designed new curb ramps and bulb-outs for Safe Routes to School, and coordinated with the City’s bicycle and pedestrian master plan. NCE updated bid documents to the 2021 Greenbook and 2023 Caltrans Specifications and is finalizing the 100% PS&E for the FY 2023 program.

Education
BS, Civil Engineering, Instituto
Tecnológico y de Estudios
Superiores de Monterrey,
Monterrey Nuevo León,
México, 2001
Asphalt Engineering,
Universitat Politècnica de
Catalunya, Barcelona, Spain,
2000
Registration
Professional Engineer – Civil,
CA #84649
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Joined NCE
2018
Years of Experience
18 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-12
Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Project Engineer and Civil Design Lead. Pedro was
responsible for civil design for FY 2020 & 2021, FY 2023-2024 Street rehabilitation, including ADA curb ramp
improvements, and Project Manager for FY 2024-25 CDBG
Curb ramp project. FY 2022 & FY 2023 Annual Street
Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Civil Design Lead. Pedro was responsible for civil design, including roadway re-grading to correct ponding with plan and profile and ADA curb ramp improvements, and
coordination of the PS&E. The City of Alhambra selected NCE to design PS&E for the City's annual roadway maintenance and rehabilitation projects. The project covered $3.1 million in improvements across 20 streets segments, approximately

3.6 miles of residential streets. NCE staff collected data on curb and gutter damage to address drainage problems,
pavement cross slopes, existing utility covers, and base repairs. The project included pavement treatments ranging from shallow overlays with Asphalt Rubber Hot-Mix to fulldepth reconstructions, over 7,000 linear feet of curb and gutter repairs, the replacement of 73 driveways, the design of 18 new ADA-compliant curb ramps, and the design of 44 retrofit ADA-compliant curb ramps.

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
Civil Design Lead. Pedro was responsible for civil design, including roadway re-grading with plan and profile, sidewalk and curb and gutter repairs, and ADA curb ramp
improvements, and coordination of the PS&E. NCE was
selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves rehabilitating 2.8 miles of residential streets in a historic neighborhood with
treatments ranging from ARHM overlays, surface
reconstruction, and innovative multi-layered ARAM
interlayers to reduce required pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam underneath the asphalt
pavement could be preserved or removed, marked
pavement base repairs, and designed numerous curb ramps and driveway aprons. We also designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway
aprons, including the adjustment of driveways and sidewalks to conform to the grading. The total project cost is nearly $8.9 million.

Design and Construction Management Services for Street
Enhancement Project CIP 2020-01 and CIP 2023-01
City of Huntington Park, CA
Civil Design Lead. Pedro was responsible for civil design, including roadway re-grading with plan and profile, sidewalk and curb and gutter repairs and ADA curb ramp
improvements and coordination of the PS&E. NCE provided engineering design services for PS&Es for SB1-funded street enhancements across the City for their CIP 2020-01 and
2023-01 projects, including pavement rehabilitation, AC and PCC pavement design, curb ramp details, and updated
striping plans. The project involved developing engineering plans, helping the City update Greenbook Specifications from 2015 to 2018 and then to 2021, creating a utility
contact list, and incorporating cost-effective pavement recycling alternatives. NCE also managed construction
management and inspection through a subconsultant.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-13
Patricia Oelkers
Staff Engineer
Patricia began her engineering career as a Staff Engineer at NCE and provides engineering and design support on civil engineering projects, including roadway rehabilitation and reconstruction, ADA curb ramp design, pedestrian safety improvement, on-street bicycle facilities, and shared-use trails. She has experience in AutoCAD Civil 3D for roadway regrading and realignment. She assists in the preparation of plans and estimates and conducts site visits for proposed design improvements.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Staff Engineer. Patricia is responsible for marking repairs (e.g., curb and gutter, cross gutter, and curb ramps) in the field, preparing improvement and striping plans, and assisting with the engineer’s cost estimate for the design. In addition, Patricia is also assisting in the data gathering and design of the curb ramps package. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Staff Engineer. Patricia is responsible for coordinating data collection efforts and collecting curb ramp data to design ADA-compliant curb ramps. She's also creating improvement plans and striping plans, the engineer's cost estimate, and the template and payment items for technical specifications. She is also assisting with the design and 3D grading of multiple bulbouts. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multiyear work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for the upcoming 3-year rehabilitation program (FY 2025/26–2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design recommendations. They also collected curb and gutter damage that will need to be addressed during construction. The design also includes the development of new curb ramps, bulb-outs as part of a Safe Routes to School initiative, intersection reconstruction, electrical work, sidewalk plaza Education
BS, Civil Engineering,
California State University
Polytechnic, Pomona, 2022
AS, Engineering, Orange Coast
College, Costa Mesa, 2019
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Joined NCE
2022
Years of Experience
3 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-14
regrading, and coordination with the City’s ongoing bicycle and pedestrian master plan improvements. NCE also helped update the City’s bid documents to the newer 2021
Greenbook Specifications and 2023 Caltrans Specifications.

NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Staff Engineer. Patricia is responsible for marking repairs (e.g., curb and gutter, cross gutter, and curb ramps) in the field, preparing improvement plans and pavement crosssection details, and assisting with the engineer’s cost estimate for the design. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program, covering nearly $6.1 million and 19 of the City’s most deteriorated street sections.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Staff Engineer. Patricia is responsible for collecting and marking concrete repairs, verifying ADA-compliant curb
ramps, preparing the basemap for the plans, creating
improvement and striping plans, and designing curb ramps.

She is also assisting with the engineers' cost estimate and updating bid items and payment clauses within the technical specifications. The City of Alhambra selected NCE to design PS&E for the City's annual roadway maintenance and
rehabilitation projects. The project covered $3.1 million in improvements across 20 streets segments, approximately

Maintenance District 6 Phase II Rehabilitation
City of Glendale, CA
Staff Engineer. Patricia is responsible for marking repairs (e.g., driveways, sidewalks, cross gutters) in the field and translating them into the plans. She's also creating striping plans and assisting with the engineer’s cost estimate. NCE was selected by the City of Glendale to provide the design of PS&E for the Maintenance District 6 Phase II Rehabilitation Project. The project involves rehabilitating 2.8 miles of residential streets in a historic neighborhood with
treatments ranging from ARHM overlays, surface
reconstruction, and innovative multi-layered ARAM
interlayers to reduce required pavement thickness. As part of this project, NCE evaluated the existing pavement to determine feasible rehabilitation alternatives, including whether the existing macadam underneath the asphalt
pavement could be preserved or removed, marked
pavement base repairs, and designed numerous curb ramps and driveway aprons. We also designed new curb and gutter systems along the entirety of every street due to aging concrete infrastructure and insufficient drainage capacity, totaling over $3.5 million in curb and gutter construction alone. Due to extensive roadway re-grading for every street, NCE had to analyze vertical clearance at 274 driveway
aprons, including the adjustment of driveways and sidewalks to conform to the grading. The total project cost is nearly $8.9 million.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-15
Timothy Lee
Staff Engineer
Tim joined NCE as a Staff Engineer and has been involved in civil design and field data collection for road infrastructure improvements such as curb ramps, shared use paths, signage, and striping. He has experience in EverFE and AutoCAD Civil 3D. Tim served as the Vice President, External for the ASCE Cal Poly Pomona Student Chapter, where he developed technical tours and professional development workshops for student members.

Representative Projects
Pavement Management Program Updates
City of Yorba Linda, CA
Staff Engineer. Timothy assisted in recording maintenance and rehabilitation history into the StreetSaver database as well as developing the street section database by providing ArcGIS support. NCE has served the pavement management needs of the City of Yorba Linda through three consecutive cycles since 2020. In 2020, NCE transitioned the City’s PAVER™ database to the MTC StreetSaver® platform and, as part of the 2020 and 2022 PMP updates, completed tasks such as converting databases, verifying street inventory, field-verifying pavement inventory, conducting distress/condition surveys using ASTM D6433 on 215 centerline miles, calculating PCI for each street section, performing budgetary analyses with three funding scenarios, developing seven-year and two-year maintenance and repair work plans, and preparing the final report for OCTA submittal. NCE prepared the City’s PMP Update in 2023/24, with the final report submitted to OCTA in May 2024.

Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Staff Engineer. Timothy aided the street rehabilitation plan production by mapping out pavement treatments as well as pavement quantities; marking base repair locations and translating them into CAD; and finally collecting curb ramp field data & producing curb ramp improvement plans. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones. As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Staff Engineer. Timothy conducted field measurement surveys assessing the existing slope conditions and ADA compliance of curb ramps. He also helped with the production of the curb ramp improvement plans. FY 2022 & FY 2023 Annual Street Rehabilitation Program:

Education
BS, Civil Engineering,
California State Polytechnic
University, Pomona, 2024
Affiliations
American Society of Civil
Engineers
Joined NCE
2024
Years of Experience
6 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-16
NCE provided civil and pavement design for the City’s FY 2022 & FY 2023 Annual Street Rehabilitation Program,
covering nearly $6.1 million and 19 of the City’s most
deteriorated street sections. Innovative pavement solutions resulted in significant cost savings, allowing more streets to be improved. The project included comprehensive pavement surveys, base repair markings, coring, subgrade testing, and sustainable treatment recommendations, with special
attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021 Greenbook technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Staff Engineer. Timothy assisted in packaging deliverables for e-transmittal. The City of Alhambra selected NCE to design PS&E for the City's annual roadway maintenance and rehabilitation projects. The project covered $3.1 million in improvements across 20 streets segments, approximately

Pavement Evaluation/Design and Street Rehabilitation
Projects
City of Redondo Beach, CA
Staff Engineer. Timothy contributed to developing the cost estimate and quantities for curb ramps, creating curb ramp exemption memos, and assisting in striping improvement
plans. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for
the upcoming 3-year rehabilitation program (FY 2025/26– 2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also
contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6
million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design
recommendations. They also collected curb and gutter
damage that will need to be addressed during construction.

PA&ED Safe Route to School Corridor Improvements
City of Santa Maria, CA
Staff Engineer. Timothy assisted in developing striping and signage improvement plans and their quantities; basemap preparation; as well as addressing city comments in plan production. The City has secured ATP-grant (State-only) funding, including a local match totaling $8.131 million ($0.5 million for PA&ED, $0.5 million for PS&E, $0.6 million for ROW, and $6.531 million for construction) for the Active Santa Maria Safe Routes to School Project. The City aims to enhance safety, connectivity, and mobility for active
transportation users by providing new or upgraded facilities such as bike lanes, sidewalks, crosswalks, curb ramps, traffic beacons, shared use path, signage, and striping. The
improvements will also directly benefit five local Santa Maria elementary and middle schools and Allan Hancock College.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-17
Cindy Nguyen, EIT
Staff Engineer
Cindy recently began her engineering career as a Staff Engineer at NCE and has been assisting in creating plan sheets that will be used for curb ramp and striping improvements.

She also has experience in field data collection for roadways, ramps, and pavement distresses. Cindy has experience drawing in both AutoCAD Civil 3D and MicroStation.

Representative Projects
Street Rehabilitation and ADA Curb Ramp Improvement
City of Diamond Bar, CA
Staff Engineer. Cindy is responsible for utility data field collection, preparation of improvement and striping plans, and utility coordination. The City of Diamond Bar has approximately 145 centerline miles divided into 7 maintenance zones. Beginning in Spring 2023, NCE was contracted for 3 years to provide the design of PS&E for the City’s annual arterial, collector, and residential maintenance and rehabilitation programs, as well as standalone annual CDBG curb ramp improvement projects for up to 3 maintenance zones.

As part of the first cycle, NCE designed $3.5 million of slurry seals, cape seals, and ARHM paving for 104 residential and collector roadway segments. In addition, NCE also designed over $6.7 million or 4 miles of 4-lane divided arterial pavement rehabilitation, concrete repairs, bus stop relocations, and curb ramp improvements. NCE also provided striping and signage plans on the arterials to implement the City’s bicycle master plan, adding new Class 2 bike lanes with buffers where no bicycle facilities previously existed and upgrading miles of Class 2 bike lanes to include buffers and green conflict striping. For the second cycle, NCE designed over $1.5 million for residential rehabilitation and maintenance and nearly $1.9 million for 1 mile of divided and undivided arterials, including coordination with Caltrans to execute an encroachment permit for work within their right of way. Lastly, NCE prepared 3 CDBG curb ramp PS&E projects.

PA&ED Safe Route to School Corridor Improvements Project City of Santa Maria, CA
Staff Engineer. Cindy is responsible for verifying quantities and assisting with striping plans.

The City of Santa Maria has secured Active Transportation Plan-grant (State-only) funding, including a local match totaling $8.131 million ($0.5 million for PA&ED, $0.5 million for PS&E, $0.6 million for ROW, and $6.531 million for construction) for the Active Santa Maria Safe Routes to School Project. The primary purpose of this project is to deliver the PA&ED for the project along the following corridors: 1) Fesler Street from Blosser Road to Bradley Road (~2 miles); 2) S. Bradley Street from Main Street to Stowell Road (~1 mile) and from Fesler Street to Chapel Street (~0.1 miles) and 3) E. Jones Street from College Drive to Suey Road (~0.9 miles). The City aims to enhance safety, connectivity, and mobility for active transportation users by providing new or upgraded facilities such as bike lanes, sidewalks, crosswalks, curb ramps, traffic beacons, shared use path, signage, and striping. The improvements will also directly benefit five local Santa Maria elementary and middle schools and Allan Hancock College.
2025 and 2026 Street Resurfacing and Rehabilitation Design City of Dublin, CA
Staff Engineer. Cindy is responsible for preparing improvement and striping plans. NCE is preparing pavement design recommendations and construction design documents for the City of Dublin's 2025 and 2026 street resurfacing and rehabilitation projects. The street list

Education
BS, Civil Engineering,
California State Polytechnic
University, Pomona, 2023
Registration
Engineer-in-Training – CA
#181596
Joined NCE
2024
Years of Experience
1 year

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-18
includes approximately 4.4 miles (18 sections) of cape seal and 44.5 miles (262 sections) of slurry seal candidate streets on arterial, collector, and residential streets, and
approximately 0.7 miles (3 segments) of rehabilitation on arterial streets. The scope of work includes 1) pavement design, 2) construction design PS&E for two programs, 3) implementation of various bicycle and pedestrian facility improvements identified by the City, and 4) support services during bidding and construction.
2025 Richmond Citywide Curb Ramp Project
City of Richmond, CA
Staff Engineer. Cindy is responsible for portions of the field measurements, curb ramp recommendations, layout, and
providing the client with quantities. NCE is preparing
construction documents for the City of Richmond Citywide Curb Ramp Project for more than 100 corner upgrades
throughout the City. Field data was collected and used for ADA curb ramp recommendations per Caltrans standards
and to provide the City with a footprint for bidding support, by detailing out each layout and adjusting per the field conditions.

Paving Project
East Bay Municipal Utility District, CA
Staff Engineer. Cindy is responsible for preparing
improvement plans. NCE is preparing pavement design
recommendations and construction design documents for
the East Bay Municipal Utility District’s facilities, such as distribution and supply reservoirs, water facilities, recreation areas, and pumping stations. The Year 1 List includes
multiple facilities throughout Alameda and Contra Costa Counties that require pavement resurfacing and
reconstruction, as well as ADA accessibility improvements.

The scope of work includes 1) pavement design, 2)
construction design PS&E, and 3) support services during bidding and construction.

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-19
Joseph DeLeon
Engineering Technician
Joseph joined NCE in 2017 as a pavement management technician and is experienced in collecting distress data for pavement management systems. Apart from conducting field inspections, he has performed all functions related to data collection and is an active participant in the quality control process. As part of this process, he performs cross-checks of data in the Pavement Management Program database. Joseph has performed quality control checks of field-collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports needed to help perform his crosschecks of the data collected. Joseph has completed the Orange County Transportation Authority’s PAVER™ ‘Distress Identification’ course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector’s knowledge of the distress procedures once a year. The Pavement Inspector Certification/Testing covers both American Society for Testing and Materials D6433 for PAVER™ and StreetSaver® modified American Society for Testing and Materials D6433 distress types.

Representative Projects
Pavement Management Program Updates
City of Yorba Linda, CA
Engineering Technician. Joseph provided GIS database management, Field PCI inspections, and QA/QC. NCE has served the pavement management needs of the City of Yorba Linda through three consecutive cycles since 2020. In 2020, NCE transitioned the City’s PAVER™ database to the MTC StreetSaver® platform and, as part of the 2020 and 2022 PMP updates, prepared tasks such as converting databases, verifying street inventory, field-verifying pavement inventory, conducting distress/condition surveys using ASTM D6433 on 215 centerline miles, calculating PCI for each street section, performing budgetary analyses with three funding scenarios, developing seven-year and two-year maintenance and repair work plans, and preparing the final report for OCTA submittal. NCE prepared the City’s PMP Update in 2023/24, with the final report submitted to OCTA in May 2024.

Pavement Evaluation/Design and Street Rehabilitation Projects City of Redondo Beach, CA
Engineering Technician. Joseph provided GIS database management, Field PCI inspections, and QA/QC. NCE has partnered with the City of Redondo Beach since 2017 with their PMP, multi-year work plan, and asset inventory. As part of the recent multi-year work plan, NCE pavement engineers refined the PMP recommendations for the upcoming 3-year rehabilitation program (FY 2025/26–2027/28) to save the City approximately $1.5 million in overall project costs. Beginning in 2024, NCE was also contracted by the City to provide the PS&E design for the City’s FY 2022 and FY 2023 annual roadway maintenance and rehabilitation catch-up programs. As part of these projects, NCE prepared the PS&E package for approximately $2.6 million, covering 32 street segments across 5.9 centerline miles. NCE staff marked out base repair locations, took pavement core samples, and carried out laboratory testing to develop project-specific pavement design recommendations. They also collected curb and gutter damage that will need to be addressed during construction. The design also includes the development of new curb ramps, bulb-outs as part of a Safe Routes to School initiative, intersection reconstruction, electrical work, sidewalk plaza regrading, and coordination with the City’s ongoing bicycle and pedestrian master plan Education
Mendocino College
Certifications
OCTA PAVER™ Certification
MTC StreetSaver® Rater
Certification Program
Joined NCE
2017
Years of Experience
8 years

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
A-20
improvements. NCE also helped update the City’s bid
documents to the newer 2021 Greenbook Specifications and 2023 Caltrans Specifications. NCE is currently finalizing the 100% PS&E for the FY 2023 program.

Street Rehabilitation Programs and PMS Update Services
City of San Marino, CA
Engineering Technician. Joseph provided GIS database
management, Field PCI inspections, and QA/QC. FY 2022 & FY 2023 Annual Street Rehabilitation Program: NCE provided civil and pavement design for the City of San Marino’s FY 2022 & FY 2023 Annual Street Rehabilitation Program,
covering nearly $6.1 million and 19 of the City’s most
deteriorated street sections. Innovative pavement solutions resulted in significant cost savings, allowing more streets to be improved. The project included comprehensive pavement surveys, base repair markings, coring, subgrade testing, and sustainable treatment recommendations, with special
attention to Macadam Road base areas. Over 10,000 linear feet of curb and gutter repairs and more than 130 ADA curb ramps were designed. Construction plans featured updated 2021 Greenbook technical specifications and detailed cost estimates. FY 2020 & FY 2021 Annual Street Rehabilitation Program: NCE prepared the civil and pavement design plans, specifications, and engineer’s estimate of probable
construction cost (PS&E) for the City’s annual road
rehabilitation program totaling nearly $5.8 million and about 66 street sections. This also included the identification of hundreds of curbs and gutter repairs. A comprehensive
pavement design was conducted, including pavement
conditions surveys, base repair markings, pavement coring, and subgrade laboratory testing. Since 2015, NCE has
assisted the City with PMS and pavement evaluation and
design services. In 2020, the City selected NCE to provide integrated design services, including PMS, pavement
evaluation and design, and preparation of PS&E packages.

Design Services for FY 23-24 Street Rehabilitation
City of Alhambra, CA
Engineering Technician. Joseph provided GIS database
management, Field PCI inspections, and QA/QC.

Pavement Management and Pavement Condition
Inspections
Various Cities and Counties, CA
Senior Field Technician. Below is a collection of agencies for which Joseph has performed condition inspections. These projects have included various forms of inspections for pavement distress data collection, such as walking,
windshield, and/or automated.
 Aliso Viejo
 Anaheim
 Baldwin Park
 Beaumont
 Beverly Hills
 Buena Park
 City/ County
 Corona
 Dana Point
 Diamond Bar
 Garden Grove
 Hawaiian Gardens
 Lake Forest
 Manhattan Beach
 Mission Viejo
 Monterey Park
 MTC and OCTA
 Newport Beach
 Orange City/County
 Redondo Beach
 San Bernardino
 San Clemente
 San Diego County
 Santa Barbara
 Santa Maria
 Thousand Oaks
 Torrance
 Whittier
 Wildomar
 Yorba Linda

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B
Appendix B
Required Forms and Addenda

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B-1

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B-2

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B-3

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B-4

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City of Yorba Linda – Design Services for Annual Pavement Preservation Program (Zone 7B) and Americans with Disabilities Act Ramp Improvements
B-5

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COMMUNITY DEVELOPMENT DEPARTMENT
DATE: SEPTEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH T&B PLANNING, INC FOR CEQA REVIEW SERVICES

RECOMMENDATION
It is recommended that the City Council authorize Amendment No. 1 to the Professional Services Agreement (PSA) with T&B Planning, Inc. increasing the not-to-exceed amount from $75,000 to $168,200 to provide for increased CEQA review services.

BACKGROUND
On June 26, 2025, the City retained the services of T&B Planning, Inc. to provide CEQA review services for the proposed “builder’s remedy project” in the Bryant Ranch Center submitted on November 21, 2024. The City has informed the applicant multiple times that their application for the proposed housing development project for the Bryant Ranch Center is not consistent, not in compliance, and not in conformity with multiple applicable local and state requirements. The City also determined on April 28, 2025, that even if there was a valid project, based on the information submitted and known at that time and applicable legal standards the proposed project was not exempt from CEQA.

On May 13, 2025, the applicant appealed the City’s CEQA determination; however, on May 30, 2025, the City informed the applicant that their application to appeal this CEQA determination is not subject to appeal pursuant to Yorba Linda Municipal Code Section

18.36.810.

On May 30, 2025, the City received an AB 1633 written notice from the applicant (citing Government Code Section 65589.5(h)(6)(D) later corrected to Government Code Sections 65589.5(h)(6)(I) and 65589.5.1(a)) stating that the proposed project is exempt from CEQA under the statutory exemption implemented by CEQA Guidelines § 15183 and that the City had 90 days from the date of the notice to make a lawful written determination regarding the Project’s CEQA compliance.

On June 6, 2025, the City posted a public notice with the Orange County Clerk-Recorder’s Office and on the City’s website in compliance with all legal requirements informing the public of the opportunity to provide public comment on the proposed CEQA exemption for a period of 60 days. However, on June 18, 2025, the City received a letter from the applicant stating that

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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH T&B

PLANNING, INC FOR CEQA REVIEW SERVICES
P a g e | 2
it had provided an “outdated” statutory reference in its May 30, 2025 written notice and requested that the City update the posted CEQA public notice to reflect the correct Government Code Section. On July 9, 2025, the City updated the CEQA public notice and reposted the public hearing notice with the Orange County Clerk-Recorder’s Office and on the City’s website.

The initial CEQA public notice has now been posted for 60 days. To date, the City has received nearly 300 public comments citing a wide variety of significant environmental impacts for further analysis, including, but not limited to, public safety, emergency response, wildfires, traffic, evacuation, impacts on local services and public utilities, air quality/greenhouse gas emissions, potential soil contamination, noise, etc. Pursuant to Government Code Section 65589.5.1(a)(5)(C), the City is required to consider all objections, comments, evidence and concerns about the project or the applicant’s written notice. The City has spent significant time, resources, and money to prioritize and complete its preliminary review within the initial 90-day notice period; however, an additional 90 days is necessary to determine if there is substantial evidence in the record that the project is eligible for the exemption sought by the applicant, which is still the City’s independent obligation under CEQA.

Due to the overwhelming number of comments and the complexity of the issues that have been raised, the City has determined that it will extend the time period pursuant to Government Code Section 65589.5.1(a)(5)(D) to determine if there is substantial evidence in the record that the housing development project is eligible for the proposed exemption. The City’s compliance with Government Code Section 65589.5.1 is a separate and distinct statutorily required process than the City’s prior determination on April 28, 2025, that the proposed project was not exempt from CEQA.

DISCUSSION
The initial contract with T&B Planning was in the amount of $75,000 and was authorized by the City Manager on June 26, 2025. T&B Planning is recommending the following additional studies to determine whether the proposed project could potentially be determined as exempt from CEQA despite the other inconsistencies with state and local laws:
 Biological survey specifically targeting Burrowing Owl and Crotch’s Bumblebee  Traffic Studies
• Traffic Study Peer Review (TS)
• Focused Level of Service Based Traffic Study (TA)
• Safety Evaluation (SE)
• Sight Distance (SD)
• Construction Management Plan (CMP)
• Parking Evaluation (PE)
• On-site Circulation (CE)
 Fire Protection Planning Evacuation Analysis

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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH T&B

PLANNING, INC FOR CEQA REVIEW SERVICES
P a g e | 3
T&B Planning has provided scopes of work from three separate subconsultants to assist in this process, which are included as Exhibit A of this Amendment. Staff is requesting that the contract be amended to increase the contract amount from $75,000 to $168,200 to complete these studies.

FISCAL IMPACT
The applicant has submitted a deposit to process their entitlement application and is responsible for covering all costs associated with processing their application. The total cost for this CEQA analysis will be charged against the applicant’s deposit.

ALTERNATIVES
The City Council could determine that certain technical studies are not necessary and could authorize only a portion of the recommended items.

ATTACHMENTS

1. Amendment No. 1 to Professional Services Agreement with T&B Planning Inc.

2. Exhibit A – First Amendment to T&B Planning Inc Contract Scope of Work

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 16
th day of September 2025, by and between the
City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal organization organized under the laws of the State of California ("City") and T&B Planning, Inc., a California Corporation ("Consultant").

WITNESSETH
Whereas the City and Consultant entered into an agreement for professional services dated June 26, 2025 ("original agreement") for services related to CEQA review for the proposed Bryant Ranch Center proposal as described in the original agreement; Whereas the City and the Consultant desire to enter into an amendment to the original agreement; Now, therefore, the City and the Consultant agree that the maximum contract amount shall be increased from $75,000 to $168,200. Moreover, the General Scope of Services shall be amended to include the management and preparation of the following additional technical studies which are more particularly described in Exhibits “A”, “B”, and “C” attached hereto and incorporated by reference as follows:
 Biological survey specifically targeting Burrowing Owl and Crotch’s Bumblebee (Noreas Yorba Canyon Legacy Project dated August 5, 2025)
 Traffic Studies (Urban Crossroads Bryant Ranch Technical Studies Proposal dated August 8, 2025)
• Traffic Study Peer Review (TS)
• Focused Level of Service Based Traffic Study (TA)
• Safety Evaluation (SE)
• Sight Distance (SD)
• Construction Management Plan (CMP)
• Parking Evaluation (PE)
• On-site Circulation (CE)
 Fire Protection Planning Evacuation Analysis (CR Associates dated August 29, 2025) Except as amended pursuant to this Amendment No. 1, all provisions of the agreement shall remain in full force and effect, and shall govern the services provided under the original agreement and this Amendment No. 1.

CITY OF YORBA LINDA
By:

Janice Lim
Mayor

CONTRACTOR
By:

Name: Tracy Zinn___________________
Title: President
Date:

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Attest:

By:

Marcia Brown
City Clerk
By:

Name: Nicole Morse
Title: Secretary
Date:

Approved as to form:

By:

Rutan & Tucker, LLP
City Attorney

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FIRST AMENDMENT TO CONTRACT
This First AMENDMENT TO CONTRACT constitutes a legal agreement solely between T&B Planning, Inc. and CLIENT herein named as:

CLIENT NAME: CITY OF YORBA LINDA
JOB NUMBER: 1157-002
PROJECT NAME: YL CEQA REVIEW FOR BRYAN RANCH CENTER SITE DATE: September 9, 2025
All provisions of the original Agreement (Agreement) shall remain in force and in effect except as modified herein.

DETAILS/COMMENTS: This First Amendment to Contract provides additional budget for services that were not accounted for as part of the original Agreement. Specifically, this First Amendment to Contract provides for the following changes.
• Task 1.1, CEQA Strategy and Peer Review. T&B Planning coordinate with the Project’s technical consultants to verify that technical reports (Biological Technical Report, Safety Analysis, and Fire Evacuation Analysis) address all required environmental issues in a manner consistent with CEQA and City of Yorba Linda’s requirements. In addition, as draft technical reports are made available, T&B Planning will review each technical report for accuracy and suitability for use in support of the CEQA strategy memorandum. Accordingly, the budget for Task is increased as part of this First Amendment to Contract by $10,000.00, increasing the total budget for this Task from $25,000.00 to $35,000.00, including prepaid expenses.
• Task 1.2, Technical Reports. The memorandum will be supported by technical reports, which will be billed under this task. T&B Planning will sub-consultant with Noreas for Biological Resources, Urban Crossroads for Traffic Reports (including but not limited to peer review, focused traffic study, safety evaluation and site distance), and CR Associates for an Evacuation Analysis. The scope of work for this task is included as Attachment A. Accordingly, the budget for Task is increased as part of this First Amendment to Contract by $83,200.00, increasing the total budget for this Task from $50,000.00 to $133,200.00.

These additional services shall be provided for an estimated fee of $93,200.00, which shall increase the total Agreement budget from $75,000.00 to $168,200.00. This budget shall be valid for a period of 60 days from the date of this Amendment, after which T&B Planning reserves the right to adjust its budget and/or service delivery schedule pursuant to its current billing rates and capacity in effect at the time CLIENT authorizes the Amendment.

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First Amendment to Contract
YL CEQA Review for Bryan Ranch Center Site
September 9, 2025
CLIENT hereby authorizes T&B Planning to proceed with the work herein described and T&B Planning agrees it shall provide such services in a timely and efficient manner. If the job is canceled prior to completion, CLIENT agrees to pay for that portion of work performed prior to cancellation.

IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of the date and the year first above written.

T&B PLANNING, INC. CITY OF YORBA LINDA
a California Corporation
By: By
___________________________ _________________________________ Nicole Morse, Esq.

Its: Vice President Its:
_________________________________
Dated: Dated:

September 9, 2025 _________________________________

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First Amendment to Contract
YL CEQA Review for Bryan Ranch Center Site
September 9, 2025

ATTACHMENT A
SUB-CONSULTANTS’ SCOPE OF WORK

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YORBA CANYON LEGACY PROJECT

SCOPE OF WORK & FEE PROPOSAL
1 | Page 16361 Scientific Way, Irvine, CA 92618
August 5, 2025
T&B Planning
Ms. Tracy Chu, Project Manger
3200 El Camino Real, Suite 100
Irvine, CA, 92602
(714) 505 - 6360
Via email - [email protected]
SUBJECT: YORBA CANYON LEGACY PROJECT – SCOPE OF WORK & FEE PROPOSAL Ms. Chu,
NOREAS Inc. (NOREAS) is pleased to provide this scope of work (SOW) and fee proposal to assist T&B Planning (T&B) with the Yorba Canyon Legacy Project (hereafter referred to as the “Project”). For the purposes of this SOW, the proposed “study area” is limited to ≤ 15-acres – located at 23621 La Palma Ave, Yorba Linda, California 92887.

The following task will be completed on a time and materials basis:

TASK 1. BIOLOGICAL SURVEY, ANALYSIS & BIOLOGICAL TECHNICAL REPORT NOREAS will conduct a review of resource databases, local resource management plans, aerial imagery, and other available data to identify and characterize biological resources within the Project’s study area and surrounding region. This literature review will provide the foundation for all deliverables outlined in this SOW. To complement the desktop analysis, NOREAS will conduct the following fieldwork activities:
• Pedestrian-based biological surveys to assess onsite conditions; • Vegetation mapping to document land cover types; and
• Habitat assessments to evaluate the potential for special-status species occurrence (specifically targeting Burrowing Owl and Crotch’s Bumblebee).

Fieldwork will focus on documenting habitat conditions, identifying sensitive vegetation communities, and estimating the approximate acreage of various land cover types within the Project’s boundaries.

These findings will help determine the likelihood of both common and special-status species and their habitats occurring within the study area. The results of this analysis will be compiled into a Biological Technical Report (BTR), which will detail the findings of the literature review, field surveys, and data analysis. This standalone report will include:
• Methods - A detailed description of the methods used to identify and assess biological resources, including dates involved, agency contacts (if applicable), and any limitations encountered during data collection;
• Environmental Setting - A description of the biological and physical features within and adjacent to the study area; and
• Results - A summary of findings, including the presence or absence of special-status species habitats, riparian areas, and other sensitive natural communities.

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YORBA CANYON LEGACY PROJECT

SCOPE OF WORK & FEE PROPOSAL
2 | Page 16361 Scientific Way, Irvine, CA 92618
This approach safeguards a thorough and accurate assessment of biological resources within the study area pursuant to California Environmental Quality Act (CEQA) guidelines, and informs Project decisionmaking.

ASSUMPTIONS
• Our team will be provided with the physical limits / boundaries of the Project (temporary and permanent disturbance footprints) within GIS or CAD.
• Our team anticipates that two (2) administrative draft and one (1) final version of work products will be provided via email. Drafts will be revised in accordance with two rounds of formally submitted comments.
• T&B will provide authorization and assist NOREAS in arranging access to the Project, if necessary.
• SOW includes no focused protocol level surveys for amphibians, reptiles, riparian birds, invertebrates, or mammals.
• The services to be performed by our team will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to T&B either expressed or implied, and no warranty or guarantee is included or intended.

FEE ESTIMATE
Consulting services described herein are effective August 05, 2025 and are expected to extend to December 31, 2025. NOREAS will provide the scope of services described herein on a time and materials basis, and will not exceed the level of effort estimate provided below without written authorization from T&B.

Activity Cost
TASK 1. BIOLOGICAL SURVEY, ANALYSIS &
BIOLOGICAL TECHNICAL REPORT $9,000.00
Total $9,000.00
If you have any questions about the scope or fee estimate, please contact me at your earliest convenience.

PRESENTED BY:

Lenny Malo, Vice President – 8/5/25
NOREAS, Inc.

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YORBA CANYON LEGACY PROJECT

SCOPE OF WORK & FEE PROPOSAL
3 | Page 16361 Scientific Way, Irvine, CA 92618
2025 NOREAS RATE TABLE
NOREAS Inc. Job Titles Hourly Rates
Principal-in-Charge $240.00
Biological Resources & Permitting Technical Lead $185.00 Project Manager $170.00
Consulting - Ecologist / Botanist / Ornithologist / Arborist / Biologist / Permitting Specialist $150.00
Senior - Ecologist / Botanist / Ornithologist / Arborist / Biologist / Permitting Specialist / GIS Designer $140.00 Professional - Ecologist / Botanist / Ornithologist / Arborist / Biologist / Permitting Specialist / GIS Designer $135.00 Associate - Ecologist / Botanist / Ornithologist / Arborist / Biologist / Permitting Specialist / GIS Designer $115.00 Technical Editor $80.00
Environmental Technician $60.00
Clerical $45.00
Intern $25.00

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260 East Baker Street | Suite 200 | Costa Mesa, CA 92626 | (949) 660-1994 | urbanxroads.com

BRYANT RANCH

TECHNICAL STUDIES PROPOSAL
August 8, 2025
Ms. Nicole Morse
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Ms. Nicole Morse,
Urban Crossroads, Inc. is pleased to submit this proposal agreement to T&B Planning, Inc. (Client) to provide technical studies in support of the proposed Bryant Ranch Project (Project), which is located on the northeast corner of La Palma Avenue and Via Lomas De Yorba Eastin the City of Yorba Linda. It is our understanding that the project is to consist of 274 four-story apartment dwelling units, 30 second-story apartment dwelling units, 20 three-story townhome dwelling units, and 7,200 SF of retail shops use. The following master proposal includes a scope of work (see Exhibit A) and cost estimate (see Exhibit B). • Traffic Study Peer Review (TS)
• Focused Level of Service BasedTraffic Study (TA)
• Safety Evaluation (SE)
• Sight Distance (SD)
• Construction Management Plan (CMP)
• On-going Coordination (OC)
• Meeting (MA)
• Parking Evaluation (PE) Optional Task
• On-site Circulation (CE) Optional Task
Urban Crossroads, Inc. will meet the Client’s schedule to the extent feasible.

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16765-01 Bryant Ranch Proposal 2 Bryant Ranch
If you have any questions, please contact me at (949) 660-1994.

Respectfully submitted,
URBAN CROSSROADS, INC.

Aric Evatt
President

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16765-01 Bryant Ranch Proposal 3 Bryant Ranch
EXHIBIT A – SCOPE OF WORK
TS-1: TRAFFIC STUDY PEER REVIEW (FIXED FEE)
The following tasks include review of a traffic study and its contents and does not include any design or analytical tasks (although these additional services can be accommodated via a contract amendment).

TS-1.1 Review the current Traffic Study provided by the applicant to determine technical adequacy and identify any relevant deficiencies. Urban Crossroads will provide comments on the current version of the Traffic Impact Analysis titled Traffic Impact and Circulation Assessment for the Proposed Bryant Ranch Residential Mixed-Use Project, which was prepared by LLG on May 26, 2023.

TS-1.2 Compare the LOS results to the Yorba Linda Housing Element Update Traffic Analysis (prepared by Urban Crossroads, April 12, 2024) and the Esperanza Hills Traffic Impact Analysis Report (prepared by LLG on March 18, 2013).

TS-1.3 Summarize the findings of the Traffic Study Peer Review in a letter.

Any review of alternatives (e.g., Project Phasing) to the initial Traffic Study peer review can be provided in a separate contract. Urban Crossroads will not provide opinions on improvement requirements without an updated Traffic Study. Additionally, any fee evaluations are not included in this proposal and can also be completed under a separate contract.

TA-2: FOCUSED LEVEL OF SERVICE (LOS) BASED TRAFFIC ASSESSMENT No formal traffic study scoping document will be submitted to any City staff for review and approval prior to commencement of the focused traffic assessment.

TA-2.1 Consistent with the City of Yorba Linda traffic study guidance, project-related vehicle trips will be based on the Institute of Transportation Engineers (ITE) Trip Generation Manual 11th Edition (2021) trip generation rates for the proposed uses based on the latest site plan. Determine project trip distribution patterns based on existing and planned land uses in the area along with the planned circulation system (verify against existing traffic counts). Identify known cumulative development projects and ambient growth patterns.

TA-2.2 Conduct new weekday morning (7am-9am) and weekday evening (4pm-6pm) peak hour turning movement count data at the following 11 intersections and 24- hour tube counts on up to 2 roadway segments:

Intersections
1) Yorba Linda Boulevard & La Palma Avenue
2) Yorba Linda Boulevard & Savi Ranch Parkway
3) Yorba Linda Boulevard/Weir Canyon Road & SR-91 Westbound Ramps 4) Weir Canyon Road & SR-91 Eastbound Ramps

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16765-01 Bryant Ranch Proposal 4 Bryant Ranch
5) Weir Canyon Road & East Santa Ana Canyon Road
6) Via Lomas De Yorba East & Pso De Toronto
7) Via Lomas De Yorba East & La Palma Avenue
8) Via Lomas De Yorba East & Bryant Ranch Center Driveway 1 9) Via Lomas De Yorba East & Bryant Ranch Center Driveway 2 10) Gypsum Canyon Road & La Palma Avenue
11) Gypsum Canyon Road & Featherly Park/ SR-91 Westbound Ramps Roadway Segments
1) Via Lomas De Yorba East – north of La Palma Avenue
2) La Palma Avenue – east of Via Lomas De Yorba East
Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments.

NOTE: This task will take 7-9 business days to complete from the time local schools are in session (Bryant Ranch School first day of school is August 26) and traffic is operating under normal conditions.

TA-2.3 Estimate trip generation and trip distribution for other (cumulative) development based on the latest ITE Trip Generation Manual (11th Edition 2021). It is estimated that up to 25 individual cumulative development projects may need to be included in this traffic analysis. As such, this scope of work assumes that this number of cumulative projects will need to be modeled as part of the future year cumulative traffic forecasting process. Calculate cumulative near-term future ADT and peak hour turning movement volumes for up to 1 study area intersection.

TA-2.4 Prepare future long-range traffic forecasts for With Project conditions based the Orange County Transportation and Analysis Model (OCTAM) with updated socioeconomic data (SED) reflecting the updated housing element sites (updating the model to include proposed zoning changes). Review the initial estimates of the raw peak hour turning movement volumes for reasonableness, including the review of traffic flow conservation and peak-to-daily volume ratios. Adjust the initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes through post-processing. Calculate Horizon Year future ADT and peak hour turning movement volumes for up to 11 study area intersections.

TA-2.5 Assess intersection capacity and level of service (LOS), for up to 11 study area intersection plus Project driveways for each of the following traffic conditions, based on the ICU methodology for signalized intersections and the HCM methodology (7th Edition) for unsignalized intersections:
• Existing
• Existing Plus Project
• Opening Year Without Project
• Opening Year With Project

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16765-01 Bryant Ranch Proposal 5 Bryant Ranch
• HorizonYear Without Project
• HorizonYear With Project
TA-2.6 Perform traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios described in Task TA-1.4. Recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in Task TA-1.4.

TA-2.7 Conduct a queuing analysis at Project access points. The analysis will identify the necessary lengths of turn pockets with storage and appropriate turn pocket transitions which adhere to the General Plan roadway classifications for the site adjacent roadways.

TA-2.8 Prepare a draft technical memorandum that incorporates the findings and all supporting calculations.

Schedule – First submittal; 10 working days after receipt of traffic counts (see Task TA-1.2 above).

TA-3: TA RESPONSE TO COMMENTS
TA-3.1 Revise the draft traffic study report based on comments provided by the Client for up to 1 review cycle.

SE-4: SAFETY EVALUATION
SE-4.1 Meet with the Client to discuss the Safety Evaluation parameters and requirements.

SE-4.2 Review all entitlement, Focused Traffic Assessment, and construction documents provided by the Client.

SE-4.3 Prepare the Safety Evaluation. This memo will include, but is not limited to the following:
a. Request and obtain collision data from the California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS) for the site adjacent roadway. Collision data will be reviewed, and applicable improvements will be recommended to reduce specific collision types.
b. Review of pedestrian and bicycle activity in the Project vicinity. c. Review of potential increase to vehicular speeds and impacts to schools. d. Review the AM and PM peak hour traffic counts roadways adjacent to the Project and peak hour queues from the Focused Traffic Assessment. At a minimum, queues will be evaluated for opening year cumulative without Project and opening year cumulative with Project. Determine if based on the 95th percentile queues whether any improvements are needed to address potential queuing issues.

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16765-01 Bryant Ranch Proposal 6 Bryant Ranch
e. Evaluate peak hour operations at the site access points for the same aforementioned analysis scenarios. Provide a thorough review of the site access including potential truck turns into and out of the site. Identify any potential access restrictions and whether the driveway will serve passenger cars, trucks, or both.
f. Summarize findings in a letter report.

SE-5: SAFETY EVALUATION RESPONSE TO COMMENTS
SE-5.1 Respond to Comments and update the Safety Evaluation as necessary (2 review cycles anticipated).

SD-6: SIGHT DISTANCE EXHIBIT
SD-6.1 Review the existing roadway plans, street improvements, and site plan along the Project frontage as provided by the Civil Engineer or the City of Yorba Linda staff.

Interface with project team by teleconference, as necessary.

SD-6.2 Prepare a horizontal and vertical Sight Distance Evaluation for two (2) Project driveways at La Palma Avenue. Plans prepared in AutoCAD at a scale of 1” = 40’.

The plan will be plotted on recent aerial photography showing existing striping and recommended clear zones.

SD-7: SIGHT DISTANCE EXHIBIT RESPONSE TO COMMENTS
SD-7.1 Respond to up to two (2) sets of comments by the Client.

CMP-8:CONSTRUCTION MANAGEMENT PLANS (FIXED FEE)
CMP-8.1 At this time, the Client has requested Urban Crossroads, Inc. provide a Construction Traffic Management Plan (CTMP). It is generally understood that meetings with the City of Yorba Linda staff may be required to achieve the City’s objective. The plan shall feature methods to minimize disruption to the neighboring uses to the fullest extent that are reasonable and practicable. The plan shall include construction parking and vehicle assessment and specifying staging areas and delivery and hauling truck routes. Concept plans will be provided as part of the CTMP. The plan should mitigate disruption during construction. The truck route plan shall preclude truck routes through residential areas and major truck traffic during peak hours. Specific work tasks and deliverables needed to achieve the Client’s objective will be directed by the Client.

NOTE: construction traffic control plans are not included in this proposal task.

CMP-9:CONSTRUCTION MANAGEMENT PLANS RESPONSE TO COMMENTS (TIME AND MATERIALS) CM-9.1 Respond to plan check comments/questions and revise CM (up to three submittals).

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OC-10:ON-GOING DESIGN COORDINATION
OC-10.1 At this time, the Client has requested Urban Crossroads provide on-going coordination, support, and concept engineering design services. Although the total scope of work is not currently known at this time, it is generally understood that meetings with the Client and City design staff may be required to achieve the Client’s objective. Specific work tasks and deliverables needed to achieve the Client’s objective will be directed by the Client. This task is budgeted approximately for 40 hours. This task will be billed on a time and materials basis.

MA-11:MEETING ATTENDANCE &PUBLIC HEARINGS (T&M)
MA-11.1 Attend external team or agency coordination meetings and calls as directed.

MA-11.2 Preparation and attendance at up to two public hearings/meetings.

OPTIONAL TASKS
PE-12: PARKING EVALUATION
PE-12.1 Review the parking policies in the City of Yorba Linda Municipal Code and General Plan Circulation Element.

PE-12.2 Calculate the parking requirements and peak parking demand based on the City of Yorba Linda Municipal Code and ITE Parking Generation Manual. Determine if Project meets City and ITE requirements.

PE-12.3 Determine if adequate parking supply is available to support the proposed uses.

PE-12.4 Summarize the findings of the Parking Evaluation in a letter report.

PE-13: PARKING EVALUATION RESPONSE TO COMMENTS
PE-13.1 Revise the draft Parking Evaluation based on comments provided by the Client for up to two (2) review cycles.

CE-14:ON-SITE CIRCULATION EVALUATION
CE-14.1 Review the Project site plan provided by the Client.

CE-14.2 Evaluate vehicle turning movements of the predominant users entering from and exiting to La Palma Avenue.

CE-14.3 Evaluate on-site circulation.

CE-14.4 Provide concept traffic flow plan and recommendations plotted on site plan provided by Client.

CE-14.5 Summarize our methodology and findings in a letter report.

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CE-15:ON-SITE CIRCULATION RESPONSE TO COMMENTS
CE-15.1 Revise the exhibit based on comments provided by the Client for up to 1 review cycle.

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16765-01 Bryant Ranch Proposal 9 Bryant Ranch
EXHIBIT B – PROFESSIONAL FEE
The fixed fee to accomplish the Scope of Work outlined in Exhibit A is as follows, all “Not to Exceed” fees will be billed on a time and materials basis:

DESIGN
TS Traffic Study Peer Review $5,600
TS Response to Comments (Not to Exceed) $1,800
TA Focused Level of Service Based Traffic Study $21,100 TA Response to Comments (Not to Exceed) $4,800
SE Safety Evaluation $12,800
SE Response to Comments (Not to Exceed) $2,800
SD Sight Distance $5,000
SD Response to Comments (Not to Exceed) $1,800
CMP Construction Management Plan $7,500
CMP Response to Comments (Not to Exceed) $1,800
OC On-going Coordination $10,000
MA Meetings $10,000

BRYANT RANCH TOTAL WITHOUT OPTIONAL TASKS
$85,000

OPTIONAL TASKS
PE Parking Evaluation $5,800
PE Response to Comments (Not to Exceed) $1,800
CE On-Site Circulation Evaluation $4,800
CE Response to Comments (Not to Exceed) $1,800

BRYANT RANCH TOTAL WITH OPTIONAL TASKS
$99,200
Urban Crossroads, Inc. reserves the right to shift funds among individual task budgets according to specific needs.

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DELIVERABLES/TIMING
It is estimated that the technical studies will be completed in approximately 20 working days from the date of Client’s authorization. All requested data essential to complete the studies, including the final site plan and project description shall be provided by the Client prior to the start of work. Additionally, any delays resulting from circumstances beyond our control, such as environmental occurrences, changes in the project description, and/or modifications in public/private policy may extend the time schedule. In the event this occurs, Urban Crossroads, Inc. will make the Client aware of such issues and adjust expectations accordingly. A PDF (electronic) version of each technical report will be provided for the Client’s use.

PAYMENT/TERMS
If agreeable, this letter serves as our mutual, contractual agreement and authorization to proceed. The Client agrees to compensate Urban Crossroads on a Task Progress Basis (percentage of job completed) as work is completed. We are looking forward to serving you on this project. This proposal offer is valid for 60 days. Please sign one copy of this scope of work and return it to us for our files or send us the agreements utilized by your company.

Urban Crossroads, Inc.
1133 Camelback St. #8329
Newport Beach, CA 92658

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16765-01 Bryant Ranch Proposal 11 Bryant Ranch

CONTRACT APPROVAL
Name: Ms. Nicole Morse
Signature:

Firm/Job Number: T&B Planning, Inc.

Date:

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16765-01 Bryant Ranch Proposal 12 Bryant Ranch
EXHIBIT C - BILLING RATES FOR URBAN CROSSROADS, INC.

Position Hourly Rates
Principal $225-335
Senior Associate $175-260
Associate $150-220
Senior Analyst/Engineer $120-180
Analyst/Engineer $90-160
Assistant Analyst $80-130
Administrative Support $75-125
General
(1) Reimbursable direct costs, such as reproduction, supplies, and messenger service will be billed at cost.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Monthly billing statements are due within thirty (30) days of receipt.

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3900 5th Avenue, Suite 310  San Diego, CA 92103  619-795-6086 www.CRAmobility.com
August 29, 2025
Nicole Morse
T&B Planning
3200 El Camino Real, Suite 100
Irvine, CA 92602
Re: Yorba Canyon Legacy Project – Transportation Engineering Services Dear Nicole
Chen Ryan Associates, Inc., dba CR Associates (CRA) is pleased to submit this letter proposal to T&B Planning (the “client”) to provide transportation engineering services for the Yorba Canyon Legacy Project (the “Project”).

SCOPE OF SERVICES
CRA will provide the following services:

CRA will conduct an evacuation analysis based on the anticipated number of vehicles that need to leave the evacuation area. The following tasks will be conducted:

A. Coordinate with the Client and the project team to determine the worst‐case scenario(s) (scenario with the highest traffic volumes) to be analyzed and the areas considered safe. It is assumed that several evacuation scenarios will need to be analyzed. CRA will coordinate with the project team to determine the analysis scenarios required. The scope below assumes the following five (5) scenarios:

1. Existing

2. Project Opening Year

3. Project Opening Year with Project

4. Cumulative Year

5. Cumulative Year with Project
CRA will collaborate with the project team to establish an appropriate evacuation timeframe.

The evacuation analysis will consider both a worst-case scenario, in which all residents are at home and the project is fully operational, as well as a reasonably foreseeable scenario that reflects typical operations. Beyond the worst-case scenario, the selection of a reasonably foreseeable timeline will be informed by a review of historical wildfires in the area, recent wildfire evacuation orders, and other factors that may be developed in coordination with the Orange County Fire Authority.

Additional evacuation scenarios can also be analyzed at the request of the Client. The cost associated with the additional scenario is provided below as an optional task.

B. Review applicable documents, including the County of Orange Emergency Operation Plan, City of Yorba Linda Emergency Operation Plan, County of Orange Multi-Jurisdictional Local Hazard Mitigation Plan, County of Orange Emergency Management Plan, recent fire history, and other

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applicable documents. CRA will provide a list of documents to the Project team for review prior to starting this task.

C. Determine the available evacuation routes. CRA will provide a list of evacuation routes to the Project team for review prior to conducting analysis.

D. Develop the number of vehicles anticipated to evacuate under the Existing and Cumulative scenarios. The number of vehicles evacuating will be calculated based on the following factors:

1. Determine the number of nearby households and businesses that need to evacuate during an emergency. The number of households will be determined based on parcel data from Parcel Quest, and validated using data from US Census and rooftop counts (via aerial imagery from Nearmap) of existing households within the study area.

2. Determine the average vehicle ownership and the number of vehicles anticipated to be evacuated.

3. Cumulative projects from the Traffic Study (if applicable) or in coordination with the City of Yorba Linda.

4. Additional supporting data such as previous studies and the Institute of Transportation Engineer (ITE) Parking Generation Manual.

E. Develop an evacuation model for the proposed Project using Vissim microsimulation software.

F. Conduct an evacuation analysis using the network developed in Step E.

G. Review the findings with the Client and revise the analysis as appropriate. Up to two (2) rounds of revisions are assumed as part of this task. Additional analyses/revisions will require a scoping amendment.

H. Document the findings in a draft technical memorandum and respond to comments (from the Client or the project team), as requested.

I. Attend up to three (3) project‐related in-person meetings.

J. Attend up to two (2) public hearings.

K. Prepare a final technical memorandum incorporating comments and direction.

L. Assist the project team with incorporating the findings into an environmental document, as appropriate.

M. Assist the project team with responding to public comments. It is assumed up to twenty (20) hours to address public comments. Technical comments requiring more time to address may require additional budget, and a scope augmentation will be submitted at a later time.

PROJECT SCHEDULE
All tasks are assumed to begin upon execution of the contract or receipt of a Notice to Proceed (NTP) from the Client.
• Evacuation Analysis will require approximately six (6) weeks to complete. This task will include data review, analysis, and documentation of evacuation timeframes and roadway performance.

DELIVERABLES
Technical analysis of roadway capacities, evacuation timeframes, and traffic constraints during emergency conditions.

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FEE PROPOSAL
CRA will provide the service listed above for a time-and-materials cost not to exceed $25,000 (Twenty-Five Thousand Dollars).

ADDITIONAL SERVICES
Any mutually agreed to Additional Services beyond the Scope of Services will be performed by Chen Ryan Associates, Inc. upon written notice from the Client.

Additional Services will be compensated on the basis of the hourly rates of all personnel engaged on the Project plus expenses as defined above. Examples of Additional Services are:
• Providing any other services not expressly included in this Agreement or not customarily furnished in accordance with generally accepted practices in the industry. • Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with approvals of instructions previously given, or are due to causes not solely within control of Chen Ryan Associates, Inc.

TERMS AND CONDITIONS
a. Time of Acceptance. Unless otherwise agreed to in writing by both parties, this proposal shall expire after sixty (60) days from the proposal date unless it has been accepted in writing by the Client or the parties have executed a separate contract. CRA reserves the right to modify this proposal prior to execution by both parties. If the parties enter into a separate contract, this proposal shall be an attachment to such contract, and the terms and conditions of this proposal shall be incorporated as material terms of such contract. The terms and conditions of this proposal shall override any conflicting terms of any separate contract. If the parties attempt to negotiate in good faith the terms of a separate contract, and CRA decides in its sole discretion that the parties’ progress has stalled, CRA may cancel this proposal and the Client shall not have any recourse against CRA from its earlier reliance on said TA. CRA agrees that CRA shall provide services hereunder in a manner that does not put the interests of other parties ahead of the Client; in the event of a conflict with another party, CRA shall immediately disclose such conflict to the Client in writing.
b. Standard of Care. CRA will perform its services using that degree of skill and care ordinarily exercised under similar conditions by reputable members of its profession practicing in the same or similar locality at the time of performance. No other warranty, express or implied, is made or intended.
c. Additional Services. Subject to CRA’s acceptance, CRA will provide additional services under this proposal as requested by the Client in writing. The Client will be invoiced for such additional services at CRA’s standard rates or as mutually agreed upon by the parties. The terms and conditions of this proposal shall apply to any additional services performed by CRA. d. Invoices and Payment. CRA shall submit invoices to the Client monthly and a final bill upon completion of its services. The Client shall withhold no retainage unless otherwise agreed to by the parties in writing. Payment is due to CRA within thirty (30) days after the Client’s receipt of CRA’s invoice. Interest, at the rate of one percent (1%) per month, will begin to accrue fortyfive (45) days after the Client’s receipt of CRA’s invoice. The Client agrees to pay such interest

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charge on late amounts owed. If CRA incurs any attorneys’ fees or other collection fees or costs in collecting any late amounts from the Client, the Client shall pay such fees to CRA. e. Limitation of Liability and Risk Allocation. In recognition of the relative risks, rewards, and benefits of the Project to both the Client and CRA, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, CRA’s total liability to the Client, if any, for all injuries, claims, losses, expenses, damages, or claim expenses arising out of CRA’s services, from any cause or causes, shall not exceed the greater of (i) the total amount of fees for services due CRA pursuant to this proposal or (ii) CRA’s available general liability insurance, only if applicable and coverage is afforded for the liability (such insurance shall in no event be less than $1,000,000, and shall at a minimum cover professional errors and omissions). Such causes include, but are not limited to, CRA’s negligence, errors, omissions, strict liability, breach of contract, and/or breach of warranty. In no event will CRA be liable for any lost profits, lost savings, incidental damages, indirect damages, or other consequential damages, even if it has been advised of the possibility of such damages. f. Termination. Either party may terminate this proposal upon written notice if the other party materially breaches its terms through no fault of the initiating party. Even after termination, the terms of this proposal shall apply to any services performed, payments made, events occurring, costs charged or incurred, or obligations arising before the termination date. Upon written notice to CRA, the Client may, without cause, terminate this Agreement. In the event of such termination, CRA shall be paid for services performed to the date of termination. g. Venue and Choice of Law. This proposal was made in San Diego, California. The venue for all controversies or claims arising from or relating to the subject matter of this proposal shall be San Diego, California. In any litigation or alternative dispute resolution process between the parties, the laws of the State of California shall govern.

CONTRACT
Thank you for the opportunity to provide this proposal for consulting services, and we look forward to assisting you on this Project! If the terms of this proposal are acceptable to you, please sign below and this letter will serve as our contract. If you prefer to provide your own contract, please send us a copy to review at your earliest convenience.

Sincerely,
Phuong Nguyen, PE
Vice President
Authorization to Proceed
_________________________________________________________ Name, Title Date
_________________________________________________________ Representing

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ADMINISTRATION DEPARTMENT
DATE: SEPTEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER
SUBJECT: APPROVAL OF AGREEMENT WITH CIVICPLUS, LLC FOR WEBSITE

HOSTING, SUPPORT, AND MAINTENANCE

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to approve a three-year agreement with two (2), one-year renewal options with CivicPlus, LLC to provide website hosting, support, and maintenance services.

BACKGROUND
CivicPlus, LLC has provided website design, hosting, maintenance, and annual support services for the City’s website since 2017. The City’s initial agreement with CivicPlus commenced on June 6, 2017, and expired on June 30, 2022. Since that time, the City has continued services under a Statement of Work (“SOW”) specifically for services related to website hosting, support, and maintenance services. The Statement of Work notes that the Master Agreement will automatically renew for successive one-year periods until either party provides written notice of termination at least 60 days prior to the end of the initial term or any subsequent renewal term. Pursuant to the terms of the current agreement and SOW, CivicPlus provides the following services associated with website hosting, support, and maintenance services:
 CRT (Request Tracker) User Licenses (5–10 Users): Provides user accounts for the CivicPlus CRT system, allowing staff to log, track, and manage support requests or internal tickets related to the website.
 CivicMedia Standard Annual Fee – Includes Live Streaming + 10GB Storage:

Covers annual media hosting and streaming, including 10GB of storage for archived videos, recordings, and media files.
 Additional Notify Me SMS Subscribers: Expands the CivicPlus “Notify Me” communication tool by adding 500 SMS subscribers beyond the base package, allowing more residents to opt in for text and email alerts.  Platinum Security Package Upgrade Annual Fee: Provides enhanced website security, including advanced firewalls, DDoS mitigation, continuous monitoring, and compliance support.

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APPROVAL OF AGREEMENT WITH CIVICPLUS, LLC FOR WEBSITE HOSTING, SUPPORT,

AND MAINTENANCE
P a g e | 2
 CivicPlus Website Annual Fee for Hosting and Support: Covers website hosting on CivicPlus servers, staff technical support, routine updates, uptime monitoring, and backups.
 CivicSend Communication Platform Annual Fee: Supports community outreach through CivicPlus’s email and messaging platform, including alerts, subscriber list management, engagement tracking, and multi-channel delivery (email, text, and social media).
 36-Month Redesign Ultimate Annual – Municipal Websites Central: Ensures a complete website redesign on a scheduled 36-month cycle under the “Ultimate” package, which includes enhanced design features, accessibility compliance, and modern templates, structured as an annual fee for budgeting purposes.

DISCUSSION
Staff is recommending approval of a three-year agreement with two (2) one-year renewal options with CivicPlus for continued website maintenance and hosting services. The annual cost is $17,500 for the first year, with a five percent (5%) increase applied to each successive year of the agreement. Over the potential five-year term, the total contract amount shall not exceed $96,700.

Cost Breakdown (Website Hosting, Maintenance, and Support):

Year Annual Cost
Year 1 $17,500
Year 2 $18,375
Year 3 $19,294
Year 4 (Renewal 1) $20,258
Year 5 (Renewal 2) $21,271
Total (5 years) $96,700
Pursuant to Administrative Policy A-F-5, Purchasing, Bidding, and Contracting Policy, a Request for Proposals (RFP) process is unnecessary, as CivicPlus is the sole provider of these services. In accordance with the City’s Sole Source/Sole Brand Purchases guidelines, commodities and services available from only one manufacturer or vendor are exempt from competitive bidding. Because the CivicPlus platform is proprietary and compatible only with its own maintenance services, CivicPlus qualifies as a sole source provider. This designation ensures the continuity, security, and integrity of the City’s website.

FISCAL IMPACT
Over the potential five-year term, the total contract amount will not exceed $96,700. Funding for this agreement has already been appropriated in the approved FY 2025/26 and FY 2026/27 budgets (1010130-431890).

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APPROVAL OF AGREEMENT WITH CIVICPLUS, LLC FOR WEBSITE HOSTING, SUPPORT,

AND MAINTENANCE
P a g e | 3
Future costs will be included in subsequent budget cycles as appropriate. Should staff pursue any additional services, a mid-year budget adjustment will be brought forward for Council consideration.

ALTERNATIVES
Do not approve the agreement and direct staff to pursue other alternatives.

ATTACHMENTS

1. Agreement with CivicPlus, LLC for Website Hosting, Support, and Maintenance

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Professional
Services
Agreement

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2905/009410-1001
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Professional Services Agreement | 1

PROFESSIONAL SERVICES AGREEMENT

WEBSITE HOSTING, SUPPORT, AND MAINTENANCE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 16th day of September, 2025, by and between the City of Yorba Linda, a California municipal corporation, (“City”) and CivicPlus, LLC, a Kansas limited liability company hereinafter referred to as "Consultant". City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on September 16, 2025 and shall end on July 1, 2028 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole and reasonable discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder. Notwithstanding the foregoing, Consultant will not be liable or responsible for any delay in the time or completion of the Services due to the action or inaction of City.

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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 Omitted.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ninety-six thousand seven hundred dollars ($96,700), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth in the SOW attached at Exhibit A. The payments specified in Exhibit A shall be the only payments from City to Consultant for the Services pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices at the start of the subscription services and each anniversary thereof during the term of this Agreement. Invoices shall contain the following information:
a. The beginning and ending dates of the billing period; b. the subscription services purchased; and
c. Invoices shall be submitted to:

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

2.2 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Omitted.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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In no event shall Consultant 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.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

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

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services s and for reimbursable expenses.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. With the exception of its internet service provider and necessary hardware to run the Services, in no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover interPage 509 of 601 2905/009410-1001
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insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant 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 Consultant 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, Consultant 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 Consultant, 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.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, 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 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, 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. No endorsement shall be attached limiting the coverage.

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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) Any failure of Consultant 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. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate.
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) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
(iii) 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, Consultant 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 Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. (iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant 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: Website Hosting, Support, and Maintenance Services. 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 Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; or (2) the limits of any of the required polices are reduced.. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. 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 Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement.

The insurance provided to City as an additional insured must apply on a primary and noncontributory 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.
e. 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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4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant 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 Consultant’s breach:
a. 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, Consultant 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 of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant 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 Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant 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, Consultant 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

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5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of and to the extent of City’s 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.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant 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. Consultant 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 the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant 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, Consultant 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.

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. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant 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. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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7.3 Prevailing Wages. Consultant 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. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of 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 Consultant’s failure to pay prevailing wages.
b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof. (i) In accordance with Sections 1773 and 1773.2 of the 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. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to 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.

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(v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant 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 Labor Code. (vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement. (vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant 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 Consultant or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to 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.
d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant 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 Consultant 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 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 Consultant or any party performing the Services to provide any required disclosure or identification as required by 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. Consultant represents, warrants, and covenants to City that Consultant 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

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Services. Consultant represents, warrants, and covenants to City that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant 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 Consultant’s obligations and responsibilities under this Agreement.

Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3.

In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 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. Consultant 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.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon 60 day prior written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination for convenience by the City, Consultant shall be entitled to retain any amounts already paid.

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8.4 Extension. City may, in its sole and exclusive discretion and in agreement with Consultant, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’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 Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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 Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, and after providing notice of such breach and 30 day opportunity to cure, Consultant does not cure the breach City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement; or
b. Retain a different consultant to complete the Services described in Exhibit A.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.2 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available

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for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. 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.

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 Orange 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 Consultant 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 Consultant Representative. All matters under this Agreement shall be handled for Consultant by the assigned Customer Success Manager or Account

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Manager, who will be introduced to City upon launch of the Services (“Consultant’s Representative”). The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by the Administration Department (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. 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, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

CivicPlus, LLC
Attn: Megan Schindler
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Email: [email protected]
Any written notice to City shall be sent to the Contract Administrator at:

City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Administration Department/City Manager’s Office
with a copy to:

City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 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.

10.12 Integration. This Agreement, including the scope of services, which includes the CivicPlus Master Services Agreement and associate product and solution terms, attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant 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.

10.13 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.

10.14 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.

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

10.16 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.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which

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may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant 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 Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 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]

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Professional Services Agreement | 17
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF YORBA LINDA
Mark Pulone, City Manager
Attest:

Marcia Brown, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
Amy Vikander, CivicPlus

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include website hosting, support, and maintenance services in the amount not to exceed ninety-six thousand seven hundred dollars ($96,700), as further detailed in the following page(s).CivicPlus provides a range of specialized services and tools designed to ensure reliable hosting, secure operations, and effective community engagement. The following services are included:

1. CRT (Request Tracker) User Licenses (5–10 Users): Provides user accounts for the CivicPlus CRT system, allowing staff to log, track, and manage support requests or internal tickets related to the website.

2. CivicMedia Standard Annual Fee – Includes Live Streaming + 10GB Storage:

Covers annual media hosting and streaming, including 10GB of storage for archived videos, recordings, and media files.

3. Additional Notify Me SMS Subscribers: Expands the CivicPlus “Notify Me” communication tool by adding 500 SMS subscribers beyond the base package, allowing more residents to opt in for text and email alerts.

4. CivicSend Communication Platform Annual Fee: Supports community outreach through CivicPlus’s email and messaging platform, including alerts, subscriber list management, engagement tracking, and multi-channel delivery (email, text, and social media).

5. 36-Month Redesign Ultimate Annual – Municipal Websites Central: Ensures a complete website redesign on a scheduled 36-month cycle under the “Ultimate” package, which includes enhanced design features, accessibility compliance, and modern templates, structured as an annual fee for budgeting purposes. CivicPlus Project Development Services & Scope of Services for CP Basic Redesign include:
• New design for all items originally contracted for (main site, department headers and subsites)
• Redevelop banner and redevelop navigation method (may choose top dropdown or other options) • Design setup – wireframe
• Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) • Project Management, Testing and Review
• Content Migration – Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. • Site styles and page layouts will be touched so all pages match the new design and migrate cleanly.
• Spelling and broken links will be checked and reported if unable to correct.

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6. CivicPlus Website Annual Fee for Hosting and Support: Covers website hosting on CivicPlus servers, staff technical support, routine updates, uptime monitoring, and backups. The website features include:
a. Modules and Functionalities:

Modules Functionality
• Agenda Center
• Alerts Center & Emergency Alert Notification
• Archive Center
• Bid Postings
• Blog
• Business/Resource Directory
• Calendar
• Carousel Widget
• Citizen Request Tracker™ (5 users)
• Community Connection
• Community Voice™
• Departmental Home Pages
• Document Center
• ePayment Center
(NOTE: Requires additional fee as a thirdparty service) • Emergency Homepage Notice
• Facilities & Reservations
• Frequently Asked Questions
• Forms Center
• Job Postings
• Intranet
• Maps
• My Dashboard
• News Flash
• Notify Me® email and 500 SMS subscribers
• Opinion Poll
• Photo Gallery
• Quick Links
• Real Estate Locator
• Spotlight
• Staff Directory
• Action Items Queue
• Active Directory Authentication
• Audit Trail / History Log
• Automated PDF Converter
• Automatic Alt Tags
• Automatic Content Archiving
• Content Library (Content Templates)
• Content Creation (WYSIWYG)
• Content Scheduling
• Content Versioning
• Dynamic Breadcrumbs
• Dynamic Layout and Sitemap
• Dynamic Page
• Expiring Items Library
• Graphic Link Administration
• History Log
• Integration/Interfacing
• Levels of Permission
• Links Redirect and Broken Links Finder
• Live Editing and Page Creation
• Menu Management
• Mouse-over Menu Structure
• MuniMobile (Mobile Website Browsing)
• Online Editor for Editing and Page Creation (WYSIWYG) • Online Web Statistics
• Printer Friendly/Email Page
• Responsive Design
• RSS
• Rotating Content
• Search Engine Registration
• Site Layout Options
• Site Search & Entry Log
• Slideshow
• Social Media Integration (Facebook, Twitter, Instagram, Next Door)
• Supported Browsers
• Text Size
• Translation
• User & Group Administration Rights
• Web Page Upload Utility
• Website Statistics, Visitor Profile, and Administrative Log b. Content Management System (“CMS”): The new website must include a full-featured, modern Content Management System software package.

The most important CMS feature is ease of use. CMS should offer periodic upgrades and support and be accessible via external access at no extra cost to the City. The Consultant will be responsible for procuring, installing, and configuring the CMS software.

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c. Compatibility: All pages on website must be HTML valid, based on W3C best practices, and compatible to display equally well in most common browsers such as: Internet Explorer (version 11+), Mozilla Firefox, Google Chrome, and Apple Safari. Must also perform well on PC and MAC platforms. The site should also be developed using responsive design that allows an even more tailored experience for any mobile users. Must be able to fully deliver web content to mobile devices and tablets so that it produces a size optimal for the screen device and fully integrate with existing City applications/third-party tools.
d. Support and Maintenance: Consultant’s on-site support team is available from 7:00am to 7:00pm central standard time (CST) to assist clients with any questions, concerns or suggestions regarding the functionality and usage of Consultant’s GCMS® and associated applications. The support team is available during these hours via Consultant’s toll-free support number and e-mail. Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within two hours; action will be taken on e-mails within four hours), and if City’s customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24 hours a day for designated, named City points-of-contact, with members of both Consultant’s project management and support teams available for urgent requests. Emergency support is provided free-of-charge for true emergencies (i.e.: website is down, applications are malfunctioning, etc.), though City may incur support charges for non-emergency requests during off hours (i.e. basic functionality/usage requests regarding system operation and management). The current discounted rate is $175/hour. Consultant maintains a customer support website that is accessible 24-hours-a-day with an approved client username and password.

In the event that Consultant’s support team is unable to assist City with a request, question or concern, the issue is reported to the appropriate Consultant department.

City requests for additional provided services are forwarded to Consultant’s Client Care personnel. City concerns/questions regarding GCMS® or associated application errors are reported to Consultant’s technical team through Consultant’s issue tracking and management system to be addressed in a priority order to be determined by Consultant’s technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within Consultant’s organization at the discretion of the customer support liaison. Included services can be found on the next page.

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Included Services:

Support Maintenance of CivicPlus GCMS®
7 a.m. – 7 p.m. (CST) Monday – Friday
(excluding holidays)
Install Service Patches
for OS System
Enhancements
24/7 Emergency Support Fixes
Dedicated Support Personnel Improvements
Usability Improvements Integration
Integration of System Enhancements Testing
Proactive Support for Updates & Fixes Development
Online Training Manuals Usage License
Monthly Newsletters
Routine Follow-up Check-ins
CivicPlus Connection

7. Platinum Security Package Upgrade Annual Fee: Provides enhanced website security, including advanced firewalls, DDoS mitigation, continuous monitoring, and compliance support. This includes:

Data Center • Highly Reliable Data Center
• Managed Network Infrastructure
• On-Site Power Backup & Generators
• Multiple telecom/network providers
• Fully redundant Network
• Highly Secure Facility
• 24/7/365 System Monitoring
Hosting • Automated GCMS® Software Updates
• Server Management & Monitoring
• Multi-tiered Software Architecture
• Server software updates & security patches
• Database server updates & security patches
• Antivirus management & updates
• Server-class hardware from nationally recognized provider • Redundant firewall solutions
• High performance SAN with N+2 reliability
Bandwidth • Multiple network providers in place
• Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack)
• 45 Gb/s burst bandwidth

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Disaster
Recovery
• Emergency After-hours support, live agent(24/7)
• On-line status monitor at data center
• Event notification emails
• Guaranteed recovery TIME objective (RTO) of 4 hours
• Guaranteed recovery POINT objective (RPO) of 4 hours
• Pre-emptive monitoring for disaster situations
• Multiple data centers
• Geographically diverse data centers
DDoS Mitigation • Defined DDoS Attack Process
• Identify attack source
• Identify type of attack
• Monitor attack for threshold engagement
• DDOS Advanced Security Coverage
• Continuous DDoS mitigation coverage
• Content Distribution Network support
• Proxy server support
• Live User Detection service
Service Letter Agreement (SLA)
Consultant, herein referred to as CivicPlus, will use commercially reasonable efforts to make the GCMS® available with a Monthly Uptime Percentage (defined below) of at least

99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event CivicPlus does not meet the Service Commitment, the City of Yorba Linda will be eligible to receive a Service Credit as described below. • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below).
• “Unavailable” and “Unavailability” mean:
o The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200.
o Notwithstanding the above, connectivity and network issues affecting the CivicPlus headquarters causing HTML of the home page of the site not being delivered in 10 seconds or less 3 times in a row will not be considered “unavailable” or “unavailability” under this Service Level Agreement. o The Main page of the site returns to a status other than 200 or 302 3 times in a row.

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• A “Service Credit” is a dollar credit, calculated as set forth below, that we will credit back to an eligible account.

Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by the City of Yorba Linda (excluding one-time payments such as upfront payments) for the month accordance with the schedule listed below.

Uptime Percentage in Calendar Month Service Credit as Percentage of Monthly Fee

99.9% or Greater None
Less than 99.9% 1%
CivicPlus will apply any Service Credits only against future payments otherwise due from the City. Service Credits will not entitle City to any refund or other payment from CivicPlus.

A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the City Agreement, the City’s sole and exclusive remedy for any unavailability, non-performance, or other failure by CivicPlus to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this written SLA.

Credit Request and Payment Procedures
To receive a Service Credit, City must submit a claim by opening a case with Support. To be eligible, the credit request must be received by CivicPlus by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;

2. the dates and times of each Unavailability incident that you are claiming;

3. the affected Site domains; and

4. Any documentation that corroborate your claimed outage.

If the Monthly Uptime Percentage of such request is confirmed by CivicPlus and is less than the Service Commitment, then Civic Plus will issue the Service Credit to the City within one billing cycle following the month in which the request is confirmed by CivicPlus.

The City’s failure to provide the request and other information as required above will disqualify the City from receiving a Service Credit.

SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS® performance issues: (i) that result from a suspension; (ii) caused by factors outside of CivicPlus’ reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus;

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(iii) that result from any actions or inactions of the City or any third party; (iv) that result from City equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within CivicPlus’ direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from CivicPlus’ suspension and termination of the City’s right to use the GCMS® in accordance with the Client Agreement (collectively, the “SLA Exclusions”)..

Disaster Recovery Feature Service Commitment
CivicPlus will use commercially reasonable efforts to insure that in the event of a disaster that make the Primary data center unavailable (defined below), the City’s site will be brought back online at a secondary data center (the “Service Commitment”). In the event CivicPlus does not meet the Service Commitment, the City will be eligible to receive a Service Credit as described below.
• “Datacenter availability” is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access.
• A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
• Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online in the event of a data center event. • Recovery Point Objective (RPO) the amount of data lost that is considered acceptable.

Recovery Time Objective: 4 Hours
Service Credit Percentage: 10% of one month’s fee
Recovery Point Objective: 4 Hours
Service Credit Percentage: 10% of one month’s fee

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COST BREAKDOWN
(Website Hosting, Maintenance, and Support):

Year Annual Cost
Year 1 $17,500
Year 2 $18,375
Year 3 $19,294
Year 4 (Renewal 1) $20,258
Year 5 (Renewal 2) $21,271
Total (5 years) $96,700

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CIVICPLUS MASTER SERVICES AGREEMENT
This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the customer entity identified on the SOW (“Customer”). This Agreement governs the use and provision of any Services purchased by Customer, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer. CivicPlus and Customer referred to herein individually as “Party” and jointly as “Parties”.

Recitals
I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general management software solutions, platforms and associated services (the “Services”); and
II. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW;
NOW, THEREFORE, Customer and CivicPlus agree as follows:

Agreement
Term & Termination

1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”).

Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer’s non-payment. Upon termination for Customer’s breach, Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data.

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2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and this Agreement terminates due to material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid. Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement.

3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services.

Invoicing & Payment Terms

4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW.

Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer’s request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee to be added to the mailed invoice.

5. Each SOW will state the amount of days from date of invoice payment is due.

Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation of Services for non-payment.

6. During the performance of Project Development, if Customer requests a change

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that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses.

CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer.

Ownership & Content Responsibility

7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.

8. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services.

Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.

9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used

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format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services.

10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus.

CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.

12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be

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accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed. Customer shall not copy, download, distribute, or make derivatives of the Documentation.

13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services.

14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services.

Indemnification

15. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court.

CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement. CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CivicPlus sole control of the defense or settlement of the claim. The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Customer Content.

Responsibilities of the Parties

16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer.

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17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.

18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions. Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s intellectual property rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes.

19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Customer Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information; and (f) use the Services only in accordance with applicable laws and regulations.

20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property.

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21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with.

22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period.

Data Security

23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization.

Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer’s accounts are past due and unpaid as set forth in this Agreement.

24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Customer’s Data.

Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings.

25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Customer. In connection with any such third-party application agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the

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third-party providers access to Customer Data as required for the interoperation of such third-party application with the Services. The use of a third-party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Customer's use of such third-party application.

26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.

CivicPlus Support

27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new).

28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves.

29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW.

30. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible.

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Marketing

31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Customer’s instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld.

Limitation of Liability

32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability.

33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement.

34. The liabilities limited by Section 32 and 33 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Customer’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible.

Warranties and Disclaimer

35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer’s billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound.

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36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus.

37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;

NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS

AND CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING.

38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A

LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF

DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY

CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS

SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Force Majeure

39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control.

Taxes

40. The amounts owed for the Services exclude, and Customer will be responsible

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for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their taxexempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses.

Yorba Linda City CouncilSeptember 16, 2025

Yorba Linda City Council
September 16, 2025