Yorba Linda City Council
October 7, 2025

City of Yorba Linda
Public Works
9/16/2025
Black Gold Golf Course
Vicinity Map
Source: City of Yorba Linda, 2021 Vicinity Sites Page 397 of 574 SECTION 1.

Professional
Services
Agreement

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 1
Project Name/No.: Construction Management, Materials Contract No.:

Testing, and Inspection Services for
Black Gold Golf Course Storm Drain
Repair Project
Dept./Contract Rep: PW / Rick Yee Approved:

PROFESSIONAL SERVICES AGREEMENT

CONSTRUCTION MANAGEMENT, MATERIALS TESTING, AND INSPECTION

SERVICES FOR LAKEVIEW AVENUE WIDENING PROJECT
(ORIENTE DRIVE TO BASTANCHURY ROAD)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 16
th day of September, 2025 (“Effective Date”) by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and H. W. Lochner, Inc., a Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 2. 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.

2.1 Term of Services. The term of this Agreement shall begin upon execution of this agreement and shall end upon completion of the project 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.

2.2 Standard of Performance. 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 and to the sole satisfaction of the Contract Administrator.

2.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 2
of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

2.4 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.

2.5 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.

2.6 By executing this Agreement, Consultant represents that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

SECTION 3. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Four Hundred Sixtyeight Thousand and Nine Hundred and Twenty-Five Dollars ($468,925.00) 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 herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered 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.

3.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 3
the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

3.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

3.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute.

The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

3.4 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.

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.

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 4

3.5 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.

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

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

3.8 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 satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.

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

SECTION 4. 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. 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 5. 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 interinsured 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 5
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.

5.1 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.

5.2 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.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 6
(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.

5.3 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. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. 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.

5.4 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.

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 7
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: Construction Management, Materials Testing, and Inspection Services for Black Gold Golf Course Storm Drain Repair Project. 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; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, 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, including the insured’s general supervision 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 coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 8
self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. 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.

5.5 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. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 6. INDEMNIFICATION.

6.1 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, 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.

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 9

6.2 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.

6.3 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.

6.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 7. 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 10
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 8. LEGAL REQUIREMENTS.

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

8.2 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.

8.3 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.

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 11
(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. (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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 12
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.

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

8.5 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 13
“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.

8.6 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 9. TERMINATION AND MODIFICATION.

9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

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

9.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

9.4 Extension. City may, in its sole and exclusive discretion, 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. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

9.6 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 14
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.

9.7 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.

9.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement.

It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 15
understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

10.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

10.3 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.

10.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available 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 11. MISCELLANEOUS PROVISIONS.

11.1 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 16
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.

11.2 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.

11.3 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.

11.4 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.

11.5 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.

11.6 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.

11.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Zachary Wheeler, Principal-in-Charge (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. 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.

11.8 City Contract Administration. This Agreement shall be administered by a City employee, Rick Yee, Deputy Director of Public Works/Assistant City Engineer (“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.

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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 17
H.W. Lochner, Inc.

Attn: Zachary Wheeler
333 S. Anita Drive, Suite 800
Orange, CA 92868
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: Rick Yee, Deputy Director of Public Works/Assistant City Engineer
with a copy to:

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

11.10 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.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.11 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.

11.12 Integration. This Agreement, including the scope of services 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

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 18
construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

11.13 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.

11.14 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.

11.15 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.

11.16 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.

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

11.18 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.

11.19 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.

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 19

11.20 Consultant’s Personnel at Construction Site. The presence or duties of Consultant’s personnel at a construction site, whether as on-site representatives or otherwise, do not make Consultant or Consultant’s personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with he construction Contract Documents and any health or safety precautions required by such construction work.

Consultant and Consultant’s personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health of safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Consultant’s own personnel.

The presence of Consultant’s personnel at a construction site is for the purpose of providing the City a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the Construction contractor(s). Consultant neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor’s failure to perform work in accordance with the construction documents. [Signatures on Following Page]

2905/009410-1001
19412602.3 a09/29/25
Professional Services Agreement | 20
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF YORBA LINDA
Dated: By:

MARK A. PULONE

CITY MANAGER
_____________________________
Sunny Han
Finance Director
ATTEST: H.W. Lochner, Incorporated:

By:

Marcia Brown (Print)
City Clerk
(Signature)
APPROVED AS TO FORM:

RUTAN & TUCKER LLP Title: ____________________________
Dated:

Todd Litfin
City Attorney
By:
(Print)

(Signature)
Title: ____________________________
Dated:

NOTE: ALL SIGNATURES OF “CONTRACTOR MUST BE NOTARIZED. (IF CORPORATION, TWO NOTARIZED SIGNATURES – PRESIDENT OR VICE PRESIDENT AND SECRETARY –

AND CORPORATE SEAL OF CONTRACTOR REQUIRED)

2905/009410-1001
19412602.3 a09/29/25
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Construction Management, Materials Testing, and Inspection Services for Black Gold Golf Course Storm Drain Repair Project in the amount not to exceed Four Hundred Sixty-eight Thousand and Nine Hundred and Twenty-Five Dollars ($468,925.00) as further detailed in the following page(s).

City of Yorba Linda
Construction Management,
Materials Testing, and Inspection
Services for Black Gold Golf Course –
Storm Drain Improvement Project
Proposal
July 10, 2025

1 Black Gold Golf Course - Storm Drain Improvement Project

TABLE OF CONTENTS
SECTION A | COVER LETTER.................................................2 SECTION B | ORGANIZATIONAL CHART/STAFF RESUMES....4
Prime Firm Introduction
Subconsultants
Organizational Chart
Staff Resumes (Not Part of Page Count)
Detailed Resumes can be found in the Appendix
SECTION C | REFERENCES (Not Part of Page Count)
SECTION D | COMPENSATION/PAYMENT SCHEDULE ...........6
Submitted Separately
SECTION E | OVERVIEW AND APPROACH ............................7 SECTION F | SIGNED PROPOSAL FORMS (Not Part of Page Count) Addendum No. 1 (Not Part of Page Count)
Exceptions to the Professional Services Agreement (Not Part of Page Count) Appendix (Not Part of Page Count)

333 S. Anita Drive, Suite 800 • Orange, CA 92868
OFFICE 714.573.0317 • hwlochner.com
2 SECTION A | COVER LETTER
RE: Proposal for Construction Management, Material Testing, and Inspection Services for Black Gold Golf Course - Storm Drain Improvements Project
Dear Selection Committee,
H.W. Lochner, Inc. (Lochner), formerly KOA Corporation, appreciates the opportunity to submit our qualifications to the City of Yorba Linda for Construction Management, Materials Testing, and Inspection Services for Black Gold Golf Course – Storm Drain Improvement Project. Lochner, along with our trusted partners, Ninyo & Moore and RT Engineering & Associates (RTEA), we have licensed teams to provide turn-key construction management, materials testing, and inspection services to the City for this project. Lochner understands that the project includes improvements that will repair an existing damaged storm drain system with a new line between hole 10 Tee Box and hole 18, and install a new manhole at the practice putting green. Improvements will also include, but are not limited to, new parking lot improvements, replacing a concrete cart path, ADA Ramps, new sidewalk, retaining wall repairs and improvements, lake repairs, sheet piling, soil treatment, irrigation and landscape improvements, and reconstruction of various existing improvements on golf course property.

Lochner (formerly KOA Corporation) has over 36 years of specialization in civil engineering design, planning, construction management, and construction inspection work serving public agencies in the area. Our work for Southern California municipal agencies involves street improvements, pavement rehabilitation and resurfacing, bike lanes and bike paths, curbs, gutters, and sidewalks; pipelines and wet utilities including water main replacement, bio-swales, storm drains, sewer lines and pump stations, and pipeline relining; structures, including libraries, fire stations, community buildings, and building renovations; private residential development; park facilities including drainage, irrigation, and landscaping, buildings, lighting systems, sports fields, and artificial turf; as well as bridge replacements and rehabilitations. In order to provide the highest level of service and a deep bench of technical experts to support the City of Yorba Linda, we have again teamed up with Ninyo & Moore, Inc. Lochner and Ninyo & Moore have also worked with the City on various other past projects.

Mr. Kevin Higgins, Project/Construction Manager, has nearly 30 years of experience managing similar storm-drain, drainage, parking lots, interchanges and parks projects that have included ADA ramps, concrete, irrigation and landscape improvement projects on over 100 projects and will lead the team on your project. He worked with KB Home and Lewis development to build the Sierra Lakes Golf Course in Fontana and has successfully completed large scale to small improvement projects with every aspect or improvement that is included in your project and understands what it takes to complete this type of project on time and within budget.

Mr. Gordon Roberts, Inspector, will be the primary inspector on this project and he has over 40 years of experience on public works and private development projects as an inspector and a contractor and understands every aspect of this project and has inspected similar size and larger storm drain, concrete sidewalks, asphalt, and irrigation and landscape improvement projects for various agencies. We also have proposed alternate qualified inspectors to support if needed.

Ninyo & Moore, with nearly 36 years of experience in Geotechnical Engineering and Construction materials testing, will provide special inspection and construction materials testing as needed on this project, and can provide soils and materials testing and Geotechnical support as needed. Ninyo & Moore is currently on the City’s on-call list providing these services. Page 422 of 574 3 Our staff’s qualified resumes are available in the proposal appendix and additional project experience can be provided upon request as well.

Our Principal-in-Charge, Zachary Wheeler, PE has a strong background in soils and materials testing on geotechnical projects of various varieties and will oversee the project staff as needed.

RT Engineering & Associates (RTEA’s) Javier Barrientos, QSP, Office Engineer and Assistant RE is supporting our team to provide review and oversight for sheet piling and structural support.

Lochner’s proposed staff have recently successfully completed several other similar projects for various clients and agencies with the same types of improvements as this project. These projects have also included paving improvements, storm drain systems, sewer mainline and laterals, water lines, curb and gutter, sidewalk, ADA Ramps, median improvements, perimeter and retaining walls, fencing, utility improvements, parks with irrigation and landscape improvements, and various other related improvements and fully understands this project and its issues and challenges.

A unique characteristic of our local team is that we are a full-service consulting firm that offers services in planning, civil and design engineering, in addition to our construction management and inspection lines. We have provided Cities with services from the beginning stages of project planning and conceptual design, assisting with obtaining project funding and grant writing, provided a high-quality PS&E package, provided construction support, and provided construction management/inspection services. We have the in-house technical expertise to provide value-based solutions and guidance to the City for whatever issues may arise over the course of a project.

Our team is the right team to count on to provide the City with comprehensive turn-key services for this and any other upcoming projects. Our team is very familiar with these types of projects and familiar with the City having provided On-Call traffic engineering and design services on several projects over the past 15 years as well as Design for HSIP Grant Funded Project - Citywide Pedestrian Signal Head Updates that included construction support and management.

Lochner’s Team will provide the requested Construction Management, Materials Testing, Construction Inspection, and Sub-consultant Management for this project.

Lochner has acknowledged and received, reviewed and signed Addendum No. 1 from the City. Our proposal is valid for a period of 180 days from the due date and may be extended with written authorization.

Zachary Wheeler, PE, will be the Management Contact for this contract. The contract is managed through the Orange County Office at 333 S. Anita Drive, Suite 800, Orange CA 92868 Phone: 540.239.2527; Email:
[email protected]. Thank you for this opportunity to again offer our services to the City.

Should you have questions, please contact Zachary at 540.239.2527.

Sincerely,
H.W. Lochner, Inc.

Zachary Wheeler, PE - Southern California CEI Lead
540.239.2527 | [email protected]

4 Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
1944
year founded
employees at Lochner
1200+ #98
on ENR’s Top 500
Design Firms
Ranked
22 Offices in
States
Organization Type
Corporation 4
Local SoCal
offices
50+

LOCHNER QUICK FACTS
SECTION B | ORGANIZATIONAL CHART/

STAFF RESUMES

PRIME FIRM INTRODUCTION
Lochner’s mission is to improve the lives of people and their communities. As a people-centric organization, our professionals are dedicated to transforming challenges into opportunities. Lochner leads in delivering planning, environmental, design, construction engineering and inspection, right-of-way, and drainage services for highway, bridge, rail, transit, municipal, and aviation clients across the United States.

Founded in 1944 and headquartered in Chicago, Lochner provides planning, environmental, design, construction engineering and inspection, and rightof-way services for surface transportation, aviation, rail and transit clients across the United States. With offices in 22 states, Lochner’s 1200+ employees are problem-solvers, driven by transforming transportation infrastructure challenges into opportunities. In December 2022, Lochner expanded its services and geographic footprint through the acquisition of California-based KOA Corporation and Colorado-based Armstrong Consultants. In May of 2023, Lochner acquired Texas-based K. Friese + Associates, establishing and growing water/wastewater and drainage services as a core component of their civil infrastructure offering. In 2024, Lochner acquired Triunity, expanding their transit and rail practice. In January of 2025, Green International Affiliates, Inc. joined Lochner.

Our team excels in adapting to project changes while maintaining exceptional standards. We collaborate closely with agencies to implement construction strategies that deliver schedule, budget, and end-user benefits. Focused on building lasting client relationships, we approach every project with an unbeatable attention to detail, combining proven methods with fresh ideas to ensure quality outcomes that consistently set us apart.

Lochner specializes in public works contracts and offers a deep, flexible pool of resources to provide cities with a choice of qualified Construction Managers (CMs) and Inspectors. Our CM and Inspection team has an average of over 20 years of experience on public works and private development projects, including Electrical and Lighting; Sewers and Storm Drain; Street Reconstruction, Rehabilitation, and Repairs; Traffic Signal Improvement; and Private Developments. We bring many years of accrued skills in partnering with contractors and ensuring projects stay on track for timely completion.

TYPES OF SERVICES
• Program & Construction
Management
• Public Works
• Engineering & Design
• Environmental
• Construction Engineering &
Inspection
• Alternative Delivery
• Planning

LEGAL ENTITY NAME
H.W. Lochner, Inc.

COMPANY STRUCTURE
Corporation

INCORPORATION STATE &
DATE
Wisconsin, May 1956

ADDRESS
225 West Washington Street,
12th Floor, Chicago, IL 60606

AUTHORIZED SIGNATORY
Zachary Wheeler, PE
Southern California CEI Lead
540.239.2527 |
[email protected]

5 Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes

SUBCONSULTANTS
Ninyo & Moore, an ENR Top 500 Design Firm, is a professional geotechnical and environmental sciences consulting firm providing services in geotechnical engineering, engineering geology, geophysics, hydrogeology, soil and materials testing, special inspection, soil and groundwater contamination assessment, site remediation, hazardous building materials, industrial hygiene, and occupational safety. Their geotechnical, environmental, and materials testing specialists provide services to clients in both the public and private sectors. With offices in California, Nevada, Arizona, Colorado, Texas and Utah, their firm is fully committed to being responsive, cost-efficient, and thorough in meeting the clients’ project needs and objectives.

RT Engineering & Associates, Inc. (RTEA) is an Architectural & Engineering firm providing professional engineering services in program management, construction management, design support - utility coordination, constructability review, value engineering; environmental mitigation measures and public outreach. RTEA assist local, state and federal agencies in delivering heavy civil and high profile projects within the transportation, water and infrastructure industry. RTEA is certified as a DGS Small Business Enterprise (SBE), CUPC Disadvantaged Business Enterprise (DBE), Woman Business Enterprise/ Minority Business Enterprise (WMBE) from the CPUC Supplier Clearinghouse, and WBENC certified WBE firm. KOA/ Lochner has successfully worked with RTEA on six projects over the last four years.

ORGANIZATIONAL CHART
The organizational chart below demonstrates our staffing plan for this contract. It is our full intent and ultimate goal to staff the project for the duration with Kevin and Gordon; however, we have provided alternate CM and Inspector resumes for your consideration, so that, in the event unforeseen circumstances necessitate a change, we can provide a seamless transition to the City. We have identified experts for each service who will be available to the City in a timely manner. Lochner’s Principal-inCharge, Zachary Wheeler, PE, and Project/Construction Manager, Kevin Higgins, will work with the City to ensure the project meets your needs. They will effectively coordinate and communicate with key staff to ensure project elements and time frames are met with optimum efficiency.

SENIOR PROJECT/

CONSTRUCTION MANAGER
Kevin Higgins, QSP (HWL)

PRINCIPAL-IN-CHARGE
Zachary Wheeler, PE (HWL)

ALTERNATE

CONSTRUCTION MANAGER
Kelli O’Connor, PE (HWL)

CONSTRUCTION INSPECTORS
Primary Inspector
Gordon Roberts (HWL)
Alternate Inspectors
Patrick Kerrigan (HWL)
Anthony English (HWL)

MATERIALS TESTING
Principal Engineer
Garreth Saiki, PE, GE (N&M)
Materials Technician
Paul Medina (N&M)

OFFICE ENGINEER/RESIDENT

ENGINEER (RE)
Javier Barrientos, QSP (RTEA)

OFFICE SUPPORT STAFF
Isis Soliman (HWL)
Subconsultant
(N&M) Ninyo & Moore
(RTEA) RT Engineering & Associates
Prime
H.W. Lochner (HWL)
Detailed Resumes can be found in the Appendix.

Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
Zachary Wheeler, PE
Principal-in-Charge/Southern California CEI Lead | 15 Years of Experience
Zachary is a licensed Professional Engineer, bringing more than 15 years of extensive experience providing services on major infrastructure projects throughout the western United States.

His diverse background includes specialized roles in inspection and materials testing for government agency projects, project management for capital improvement programs, QA/QC program development and implementation, structural design and forensic support, field operations, and technical expertise for major infrastructure improvement projects across Southern California.

Relevant Experience
Zachary has served as a Project Manager/Principal-in-Charge Manager on the following projects:
• City of Manhattan Beach | Santa Monica Bay TMDL HFCTTCD Project (No. SD-279)
• City of Indio | On-Call CM and Inspections
• City of Brea | On Call CM Inspection
• City of Glendale | On-Call CM and Inspection Services • City of Signal Hill | On-Call Services
• City of Laguna Beach | On-Call Construction Management • City of Pasadena | On-call Project Management Services • City of Long Beach | On-Call Construction Management
FIRM
Lochner

EDUCATION
BS, Civil Engineering, Virginia
Tech, Blacksburg, VA

REGISTRATIONS
Professional Civil Engineer:

CA (#89967)
Kevin Higgins
Senior Project/Construction Manager | 30 Years of Experience Kevin Higgins brings over 30 years of construction industry experience, working independently or collaboratively with engineers, contractors, designers, landscape architects, agency staff, and inspectors to resolve field issues. As a Project Manager, Supervisor, and Inspector, he has led large-scale projects exceeding $80 million and managed crews of up to 50 workers. His portfolio includes over 25 park sites, 25 roadway widening projects, and more than 50 land development infrastructure projects—including LMDs, CFDs, HOAs, Golf Courses, and public landscaped areas—for multiple cities and agencies across Southern California. A passionate golfer, Kevin played on his high school golf team and has in-depth knowledge of golf course construction and design.

Relevant Experience
Kevin has served as a Project/Construction Manager on the following projects:
• City of Manhattan Beach | Santa Monica Bay TMDL HFCTTCD Storm Drain Project (Project No. SD-279)
• City of Signal Hill | Hillbrook Park Renovation Project • City of Hemet | McSweeny Farms Community Park Project • City of Claremont | Foothill Boulevard Master Plan Improvement • City of Murrieta | Clinton Keith Road / I-215 Interchange Landscape Improvement Project
• City of Fontana Sierra Lakes Master Planned Development and Golf Course
FIRM
Lochner

EDUCATION
BS, Business Management
California State Polytechnic
University

CERTIFICATIONS
Multiple Management, Project
Management, Landscape, and
SWPPP Training Courses
24-Hour and 8-Hour Caltrans
SWPPP Certified / Construction
Management
QSP/CPESC Trained
STAFF RESUMES (Detailed Resumes can be found in the Appendix)

Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
FIRM
Lochner

EDUCATION
MS, Civil Engineering, Colorado
State University
BA, Chemistry | BS, English,
Southern Oregon University

REGISTRATIONS
Professional Engineer (PE),
CO, 0047273
International Code Council
Commercial Building Inspector (B2),
8324829
ACI Field Testing Technician Grade
1, Number 01302403
10-Hour Cal OSHA, 1530482
FEMA Public Assistance Program
Project Specialist
FIRM
Lochner

EDUCATION
California State Contractor
Trade School & Licensing
– General (A)/Engineering
(B)/ plus Specialty Trades &
Certifications
Trade & College Courses
Drafting & Plan Design

CERTIFICATIONS
CSLB License (#301013)
Kelli O’Connor, PE
Alternate Construction Manager/Construction Engineer |
19 Years of Experience
Kelli O’Connor is a Colorado licensed PE. She has 19 years of combined resident engineer, mechanical inspection, and civil engineering experience working on pavement rehabilitation, sidewalk and ramp construction, and parks projects. She serves Lochner as a Construction Manager and Resident Engineer in water and wastewater infrastructure.

Relevant Experience
Kelli has served as a Construction Manager/Resident Engineer on the following projects, unless noted otherwise:
• Western Municipal Water District | La Sierra Pipeline and Sterling Reservoir Pump Station project
• City of Long Beach | Studebaker Road Complete Streets Engineering Review (SME)
• SBCTA | Metrolink Active Transportation Accessibility Improvements • City of Anaheim | Linda Vista Complex Pump Station Improvements, Phase 2
• City of Anaheim | La Palma Promenade and Parking Lot Improvements • City of Carson | Various Pavement and Roadway Improvement Projects • City of Jurupa Valley | Sunnyslope Area SR2S Sidewalk Gap Closure, Federal Project No. 5487(003) (Assistant CM)
Gordon Roberts
Primary Construction Inspector | 40 Years of Experience Gordon Roberts has over 40 years of energetic, reliable, strong commitment to professional work ethic, and diverse experience in progressively responsible positions. He has years of experience working with a paving and slurry contractor. Gordon interacts at top management levels with input into planning, safety, goal-setting, operations, policy decisions, and building code implementations. He has authoritative knowledge of building codes and regulations, plan reading and interpretation, multiple trades, and overall construction practices. He has excellent communication and interpersonal skills; interacts well with diverse groups; and easily gains confidence and cooperation from others. His construction/conversational Spanish is a strong asset in the field. He has hired, trained, managed, and developed crews of more than 30 people to work independently, prioritizing quality work, safety, and situational awareness.

Relevant Experience
Gordon has served as a Primary Inspector on the following projects:
• City of Claremont | Foothill Boulevard Master Plan Improvement • City of Corona | On-Call Foothill Parkway Sewer and Water Improvement Project
• Western Municipal Water District (WMWD) | La Sierra Pipeline and Sterling Pump Station and Reservoir Project
• City of South Gate | On-Call Imperial Highway Offsite Sanitary Sewer • City of Rancho Mirage On-Call Inspections Contract – Land Development Projects

Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
FIRM
Lochner

EDUCATION
Construction Work Certificate,
West Vallet Occupational
Center, Woodland Hills

CERTIFICATIONS
OSHA 10 Hour
Photovoltaic Technician 1, 2
& 3
Construction Work 1, 2 & 3
Patrick “Rick” Kerrigan
Alternate Construction Inspector | 30 Years of Experience Rick has over 30 years of experience in public works construction, including inspection and oversight on various sewer, water, storm drain, and street improvement projects. Rick was the lead inspector on a number of capital improvement projects for the Cucamonga Valley Water District. He has overseen small to large capital improvement projects, land development, and infrastructure improvement projects. Rick worked for the Cucamonga Valley Water District for nearly 30 years.

Relevant Experience
Patrick has served as a Primary Inspector on the following projects:
• City of Downey | Civic Center Drive and Hall Road Water System Improvement Project
• Western Municipal Water District (WMWD) | La Sierra Pipeline and Sterling Pump Station and Reservoir Project
• City of Jurupa Valley | Safe Routes to School Project • City of Corona | On-Call – Sierra Bella Development Project • City of South El Monte | On-Call Sewer Improvement Phase 1 Project on Fawcett Avenue and Lexham Avenue
• Cucamonga Valley Water District (CVWD) | Tapia Via Sewer Relining Project
• Cucamonga Valley Water District (CVWD) | Hellman Avenue Sewer Lining Project
FIRM
Lochner

EDUCATION
Public Works Construction Inspection
and Procedures
Water Distribution Operator
Collection System Technology
Water and Wastewater Treatment
Plant Operator
Basic Well and Booster Pumps Intro.

CERTIFICATIONS
Safety Management Specialist
Registrations
Certified Safety Management
Specialist CSMC
Certified Occupational Safety
Specialist COSS
Anthony English
Alternate Construction Inspector | 9 Years of Experience Anthony English entered the construction industry nine years ago as a plumbing journeyman. He has held positions in plumbing, electrical and construction. His work experience includes public schools, private development, and public works CIP projects.

Relevant Experience
Anthony has served as a Primary Inspector on the following projects:
• Manhattan Beach | Santa Monica Bay TMDL HFCTTCD Project (Project No. SD-279)
• City of La Habra A | Monte Vista Street Rehabilitation Project, Project No. 2-R-23
• City of Redondo Beach | Torrance Boulevard from Torrance Circle to Prospect Avenue, Job No. 41230, and Torrance Boulevard & Francisca Avenue Traffic Signal Modification Project, Job No. 41070 • City of El Segundo | Smoky Hollow Parking Pilot Project No. 23-05 • City of El Segundo | FY 21/22 Pavement Rehabilitation, Project No.

PW 22-01
• City of Redondo Beach | Residential Street Rehabilitation Project Cycle 2 Phase 3, Job No. 40190
• City of El Monte | Ramona Boulevard Rehabilitation STPL-5210(025)

Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
FIRM
Ninyo & Moore

CERTIFICATIONS
• ACI Adhesive Anchor Installation
Inspector
• ACI Concrete Field Testing
Technician Grade
• ACI Concrete Strength Testing
Technician
• Caltrans Beams and Concrete
• City of Newport Beach Concrete
and Masonry Inspector
• City of Los Angeles Deputy
Building Inspector
• City of Long Beach Epoxy
Inspector
Garreth Saiki, PE, GE
Materials Testing - Principal Engineer | 38 Years of Experience As a Principal Engineer for Ninyo & Moore, Garreth Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including water infrastructure, highways, railroads, airports, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications. Garreth also reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the Uniform Building Code (UBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construction (Greenbook).

Relevant Experience
• City of Anaheim | Logan Wells Memorial Skate Park
• City of Lawndale | Larch Park
• City of South Gate | South Gate Urban Orchard
FIRM
Ninyo & Moore

EDUCATION
MBA, 1998, University of California
Davis
MS, Geotechnical
Engineering,University of California
Berkeley
BS, Civil Engineering, University of
California Berkeley

REGISTRATIONS
PE 49665 (California)
GE 2509 (California)
Nuclear Gauge Operator
Certification
Paul Medina, ICC, DSA, ACI
Materials Testing - Lead Inspector | 12 Years of Experience As Lead Inspector, Paul Medina performs inspections of various project elements including concrete, prestressed concrete, post tensioned concrete, steel welding and bolting, masonry, sprayapplied fireproofing, high-strength bolts, shotcrete, and fiber reinforced polymer. Paul also performs inspection at fabrication plants for structural steel and precast concrete. He obtains or prepares representative specimens of these materials to be tested in our certified laboratory. He assures that representative samples are obtained in accordance with the approved project documents and minimum frequencies. His observations and inspections are documented in detailed daily inspection report that is provided at the end of each work shift. He is also the project liaison with the governing Building Department field representatives. Paul maintains clear communication with the Project Manager, Project Architect (design professional), Contractor and Building Department regarding all aspects of the inspections and non-conformance items. At project completion, a formal Final Inspection Report is provided to the Building Official and client for final close-out of the project.

Relevant Experience
• City of Yorba Linda | Yorba Linda Library and Art Center Project • City of Newport Beach | Newport Beach Country Club

Black Gold Golf Course - Storm Drain Improvement Project

SECTION B
Organizational Chart/Staff Resumes
Javier Barrientos, QSP
Assistant Resident Engineer/OE | 33 Years of Experience Javier Barrientos has over 33 years of construction experience in the public works infrastructure in Southern California. As a Construction Manager & Project Manager he has been involved with all facets of utility relocations, bridge, highway, and rail construction, and construction management. He is proficient in the areas of SWPPP inspection, traffic control, traffic signals, storm drains, water and sewer lines, pump stations, CIDH and sheet piles, roadway improvements (HMA/JPCP), sidewalk improvements, ADA improvements, utility coordination, contract administration, schedule control, cost control, design and constructability reviews, quality control and quality assurance, construction inspection, contract change order processing, and construction office management. He also has experience in processing payment requests, subcontractor payments, CPM schedule review and maintenance, and is
knowledgeable with Oracle, Primavera, and Expedition platforms.

Relevant Experience
• RCTC – I-15/SR-91 ELC, Express Lanes Connector
• RCTC – I-15 ELP, Express Lanes Project
• OCTA – Lakeview Avenue Grade Separation
• SBCTA – Duncan Canyon Road / Interstate 15 Interchange Improvements
FIRM
RT Engineering & Associates

CERTIFICATIONS
• CISEC Certificate No. 2165
• QSP Certified
• Primavera Certified
• Cal Osha 10 hr.
• Railroad Worker Certified
• Trench Excavation
Competent Person Certified
• Scaffolding Competent
Person Certified
• Roadway HMA / JPCP
• Utility Coordination, PIP &
Relocations

Black Gold Golf Course - Storm Drain Improvement Project

SECTION C
References

RELEVANT PROJECT EXPERIENCE
The following projects represent our recent experience providing similar services to public clients.

SECTION C | REFERENCES
The references provided below can attest to our high-quality services and project management. In the last five years, we have supported these clients with construction management and/or construction inspection services on many projects.

City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
Jesus Saldana, PE Project Manager
562.232.6808 | [email protected]
City of Hemet
445 E. Florida Avenue,
Hemet, CA 92543
Noah Rau, City Engineer
951.765.2360 | [email protected]
City of Murrieta
24601 Jefferson Avenue,
Murrieta, CA 92562
Bob Moehling, Public Works Director
951.304.2489 | [email protected]
City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277
Daniel Gruezo, Project Manager
310.697.3172 | [email protected]
City of Claremont
207 Harvard Avenue
Claremont, CA 91711
Vincent Ramos, Associate Engineer
909.399.5395 | [email protected]
City of Manhattan Beach
3621 Bell Ave.

Manhattan Beach, CA 90266
Eduardo Pech, PE, Project Manager
310.802.5340 | [email protected]
Santa Monica Bay TMDL HFCTTCD Storm Drain
City of Manhattan Beach , CA
Lochner provided Construction Management and inspections on this project for the City. The cities of Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance and the Los Angeles County Flood Control District (LACFCD) have jointly developed an Enhanced Watershed Management Program (the Beach Cities EWMP). The overall Project consisted of the improvements that included a combination of HFCTTCDs and catch basin/inlet implementation. The Project is comprised of six HFCTTCDs on six different storm drains (located on 1st Street, 14th Street, 24th Street, 27th Street, 32nd Street, and 39th Street) along with implementation at 28 different catch basins or inlets. The MS4s are designated by the streets where they are located and include the following locations and drainage systems: 1st Street – LACFCD Bond Issue (BI) Project No. 9815, 14th Street – City storm drain, 24th Street – LACFCD Project No. BI 5452 Line I, 27th Street – LACFCD Project No. BI 5452 Line G, 32nd Street - City storm drain, 39th Street – City storm drain.

The proposed locations are on MS4s draining the West Watershed of the City and into Santa Monica Bay.

Each HFCTTCD had a weir type diversion structure to divert the one-year, one-hour flow rate into the HFCTTCDs. The Project includes the following: Construction/installation of HFCTTCDs on the storm drains before the outlet, tie-in to local City and County of LA storm Drain systems, Installation of Connector Pipe Screens (CPS) and filter inserts at several catch basins and inlets within smaller drainage systems.

Black Gold Golf Course - Storm Drain Improvement Project

SECTION C
References
Lochner provided Construction Management project support to the City of Hemet and the Developer – Raintree Corporation on the management of this 7-acre park-site. This project consisted of mass grading, underground drainage, retention basins, pickleball courts, basketball courts, boche ball courts, horse shoe pits, 12’ high chain link fencing, block walls, vinyl fencing at DG walkway trails and surrounding two dog park areas, concrete walkways, asphalt parking lot and entry, flagpole, park lighting and all electrical, landscape lighting and electrical, a booster pump for water and all electrical upgrades, irrigation systems for grass area rotors and drip irrigation for planters, 97 trees, over 2,500 plants, community garden areas, graded landscape slopes and open grass areas, picnic benches, trash cans, drinking fountains, a large windmill structure, wrought iron fencing, decorative cobble, and other amenities. Mr. Kevin Higgins, Construction Manager, was responsible for RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, City and Developer coordination, weekly statements of working days, project reports, daily inspection reports, change order management, staff coordination, project files and final reports, extended maintenance for 6 months.

McSweeny Farms Community Park Project
City of Hemet, CA
Lochner provided Construction Management project support to the City of Hemet on this project that consisted of completing Phase 2 of the McSweeny Parkway Crossing. The work included mobilization and demobilization, traffic control, site preparation and street improvements, channel improvements and construction of triple arch culvert bridge, construction of McSweeny Parkway over Cactus Valley Channel and the Cactus Valley Channel crossing McSweeny Parkway with 48” and 60” RCP storm drain, 832 Tons of 1.5” AC Pavement (C2-PG 64-10), 1,287 Tons of 2.5” AC Pavement (B3/4-PG 64-10), installation of 1,650 cubic yards of 9.5” of Class 2 Aggregate base, construct 2,790 linear feet of 6” curb and gutter (Type A), construct 2,790, linear feet of 6” Curb Only (Type D), install 20,200 square feet of 4” thick PCC Meandering sidewalk, install 15,240 square feet of 3” Decomposed Granite over 6” of 95% compacted native at Access Road, installation of 7 street lights, storm water and erosion control, public notification, and other miscellaneous work, labor, materials, equipment and transportation necessary for the project as described in the project specifications. The project cost wasapproximately $4.1 million and the project duration was also 180 working days. This project required multi-agency coordination with MWD and EMWD.

CIP 5698- McSweeny Farms – Phase 2 McSweeny Parkway Crossing City of Hemet, CA
Lochner provided Construction Management, Resident Engineer, Construction inspection to the City of Murrieta and completed improvements to construct landscape improvements at the Clinton Keith Road and Interstate 215 interchange. Improvements included rock blanket, gravel mulch, concrete mow curbs, concrete, drainage, City gem monument, irrigation systems including drip applications, planting including trees, shrubs, ground covers, and hydroseed; wood mulch, lighting and other electrical improvements. Lochner was responsible for constructability review, bid and selection assistance, RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, Caltrans coordination, weekly statements of working days, project reports, daily inspection reports, change order management, invoice review, staff coordination, project files and final reports, extended maintenance for three years until 2023.

Clinton Keith Road / I-215 Interchange Landscape Improvement Project City of Murrieta, CA

Black Gold Golf Course - Storm Drain Improvement Project

SECTION C
References
Lochner provided Construction Management and Inspections on this recent project consisted of 2.8 miles to construct numerous improvements and widening of the Foothill Boulevard Master Plan which included traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and Class 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, conventional and ARHM asphalt pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio-retention basins, drywell underground storage, 6 new traffic signalized intersections, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. Lochner oversaw the construction management and inspections on the entire project for the City and provided construction inspections, daily reports, labor compliance, contractor compliance, utility coordination, conducted / attended weekly project meetings, negotiated, approved, quantities, and extra work, maintained project photos and records, met with City officials and town residents, verified quantities, coordinated any soils testing, provided daily inspections, managed 7 funding sources, and coordinated with the contractor while assisting in re-design of numerous survey errors on the plans for this $15 Million project.

Foothill Boulevard Master Plan Improvement
City of Claremont, CA
Lochner provided Construction Management project support to the City of Signal Hill On-Call contract for this park renovation project that just completed and had its Grand Opening. The existing park was outdated and was demolished and reconstructed to include concrete patio areas with steel shade structures, concrete walkways, playground equipment with a rubberized play surface, block walls, block columns with veneer stone, concrete stairs, wrought iron fencing, Contech underground storage tanks and filtering systems, park lighting and electrical improvements, drinking fountains for both humans and pets, decorative large seat boulders, trash cans, concrete picnic benches and other amenities, a community signage shade structure, river rock beds for water infiltration and cleaning, green belt grass area for children to play, ADA Ramp improvements, asphalt paving, signing and striping, irrigation system and controller cabinet with all electrical, numerous trees and over 1,300 plants and groundcover.

Lochner’s Construction Manager, Mr. Kevin Higgins was responsible for RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, coordination with the Landscape Designer, Architerra Design Group, weekly statements of working days, project reports, daily inspection reports, change order support, project files and final reports, extended maintenance for 3 months.

Hillbrook Park Renovation Project
City of Signal Hill, CA

6 Black Gold Golf Course - Storm Drain Improvement Project

SECTION D
Compensation/Payment Schedule
SECTION D | COMPENSATION/PAYMENT SCHEDULE
We have provided our cost proposal as a separate attachment, as requested. Our cost proposal clearly states whether proposed rates are guaranteed for the agreement term or subject to adjustments, including the frequency and methodology for any adjustments.

7 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
SECTION E | OVERVIEW AND APPROACH

PROJECT OVERVIEW
Lochner understands that the City of Yorba Linda – Public Works Department (DPW) is requesting a qualified consultant team to provide comprehensive Construction Management, Materials Testing, and Inspection services for the Black Gold Golf Course – Storm Drain Improvement Project. Lochner understands that the identified services are requested for eight months during the construction activities and another month for Pre and Post Construction activities. Lochner’s project Construction Manager, Mr. Kevin Higgins worked on the development of the Sierra Lakes Golf Course in Fontana with KB Home and Lewis Development and understands golf courses as an avid golfer who played in high school and plays regularly. He has also overseen numerous park-site construction on sites from 1 acre to 15 acres.

He has visited this site on multiple occasions to review the project and present condition of the project area and spent some time speaking with the golf course General Manager, Rich Cessna. He understands through these conversations the history of what occurred during the rain events in 2023 that caused the existing 48” polyethylene storm drain pipe to collapse and fill up with sediment that blocked the pipe from working properly. He also understands that the City implemented temporary repairs by cleaning out the pipe, bulkheading the inlet structure and backfilling the sinkhole. In discussions with Rich Cessna, it was explained that the golf course has also constructed a temporary smaller 6” drain line and a grated channel drain to try to remove water from the area when it collects until the problem is resolved. It is understood that the golf course staff has to set up temporary pumping operations during the wet season at the 10th Tee Box to help alleviate more water issues. We also understand the urgency to repair these issues to create a safer and golf friendlier environment for the golf course patrons as the current condition does not provide this at the 10th tee area.

The Lochner team understands that the project will construct permanent repairs to the storm drain facilities between Tee Box No. 10, Hole 18, and the practice putting green. The proposed work and scope of improvements include the following:
• Providing traffic control and protection to Golf Course patrons and staff, • Providing temporary golf facilities and more accessible parking facilities as needed, • Installing deep sheet pile shoring to be partially abandoned-in-place, • Removing sediment and debris from the existing 48” Storm Drain, • Minor clearing and grubbing, excavation, earthwork, etc., • Installing new 48” RCP storm drain pipe and drainage appurtenances, • Installing a new manhole, shaft, and collar per Orange County Public Works standards, • Adjusting the manhole to grade at the practice putting green area, • Draining the existing golf course lake; removing and salvaging portions of the clay liner, • Removing cement treated soil in the lake as needed to provide access to the wall that needs to be partially reconstructed and for in-lake stockpile area and equipment storage, • Removing split rail vinyl fencing at current parking area, relocating about 75’ of parking and installing two (2) ADA ramps, restoring fence and landscaping after work is completed, • Restoring the Golf Course parking lot area and re-striping after the work is completed, • Restoring Tee Box 10, the practice putting green area, and other golf course facilities, • Removing and replacing the 10th hole cart path that was damaged by construction, • Installing and maintaining water quality BMP’s especially with rainy season coming soon, • Landscape and irrigation system restoration, establishment and maintenance.

8 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
The Lochner team understands that the Golf Course operations will remain operational throughout construction, including special event venues and golf tee times. We understand that the contractor must adhere to the ingress/egress path of travel, facilitate access, and stage construction activities to minimize any disruption to the golf course operations. This will be important since the 10th Hole will be modified and shortened to approximately 40 yards and still in use to patrons.

The Lochner Team also understands that the damaged storm drain at the 10th tee box is directly adjacent to one of the golf courses 60 plus wells and this well will need to be protected during construction. We will ensure that the contractor takes care to protect this area. We are aware that there is also a pump station down the hill to the left of the 10th Tee box that will need to be accessed during construction. The team also understands that the storm drain at the practice putting green is some 22’ – 32’ deep where the manhole is to be constructed.

This will be a large excavation and we will need to ensure that the contractor has all safety, shoring and materials in order during construction of this item. This is also where the MWD facilities are at the inlet and these MWD structures will need to be verified and protected in place during construction. We will ensure any needed coordination with the Metropolitan Water District (MWD) takes place as well.

The Lochner team also understands that there will be added safety and environmental concerns during construction since this area is heavily populated with “Rattle Snakes” and there is typically a Tarantula mating season during construction.

The Lochner team understands that the project will start in late October or November and may overlap with the current construction of the solar canopy installation project that may be completed in November. If the project is still in construction during this project, our team will coordinate with the contractor and the GM, Rich Cessna to ensure that both projects are running smooth. The project is expected to be completed within eight (8) months or approximately 160 working days after the NTP and construction start. Currently, there are NO completed project specifications as they are still in DRAFT.

All covered work on the project is required to comply with the published California DIR prevailing wage and the California Labor Code. The working hours are from 7:30 AM to 4:00 PM weekdays. Liquidated damages are not yet known as the specifications are still in draft status. We understand that the project construction estimate is $4.1 million and funded by the City’s Drainage Fund and we will work within parameters and any timelines. Our team has
done the research and has experience with golf course work, storm drain, parking lots, concrete, parks with landscaping and irrigation, walls, grading, amenities and all other related improvements that your project has. Lochner will show why we are the right choice for your project.

A. PROJECT COORDINATION AND CORRESPONDENCE
• Lochner’s Construction Manager, Kevin Higgins will plan, schedule, and conduct a pre-construction meeting to review issues pertaining to project implementation and administration. Prepare and distribute meeting minutes within five calendar days of the meeting. • Lochner’s staff will document existing site conditions prior to construction. Provide a video/ photo record to the City of all facilities within the project footprint prior to the start of construction. We will document any damages to the Golf Course improvements during construction operations and meet with the General Manager, Rich Cessna immediately following discovery of any damage to resolve repair requirements and responsibilities.

9 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
• Lochner’s staff along with the contractor will communicate and coordinate with Golf Course staff, contractor(s), the city, MWD, and all stakeholders by creating written notifications and responding to written questions and/or concerns.
• Lochner’s Construction Manager, Kevin Higgins, will communicate and coordinate with MWD, or utility companies by creating written notifications and responding to questions and/or concerns. • Lochner’s Construction Manager, Kevin Higgins, will receive, log, track, and respond to all / any claims or project issues.
• Lochner’s Construction Manager, Kevin Higgins, will coordinate with the City and the designer to ensure that all Requests for Information, Change Order Requests and other similar inquiries are processed and coordinated in a timely manner.

Approach Discussion
The City of Yorba Linda is a very resident sensitive City; our team understands this and has experience working and
coordinating with impacted residents and businesses during and before construction to ensure that impacts are kept to a minimum and they are aware of and informed of upcoming
work, potential closures and project issues as the project moves forward. While our Inspectors and Construction
Managers have extensive experience working to inform the public and assuage concerns, if needed, we can pull from our planning staff to provide assistance to the City for Public Outreach and Awareness to the golf course patrons and community to keep them informed of any / all impacts prior to and during the project construction activities. RFI’s and submittals will be coordinated with the city and designer for quick responses and approvals so that when the construction starts, the contractor will be ready to perform and materials can be on hand or ordered. Our team understands the issues and concerns with this project and is ready to implement our time-tested management of projects with similar improvements to your project.

B. SCHEDULE MANAGEMENT, PROGRESS MEETINGS, AND REPORTS
• Lochner’s Construction Manager, Kevin Higgins will schedule and conduct weekly construction project progress meetings. He will provide meeting agendas and discuss the schedule, near-term activities, clarifications and problems which need resolution, coordination, status of change orders, submittals and RFIs, safety issues, and other topics. He will also identify action items and assign responsibility for the action and date action is to be completed, prepare minutes of the meetings and include identified action items, review the meeting minutes with the Contractor and obtain the Contractor’s concurrence with the content. After each meeting, he will distribute the minutes to the attendees within five calendar days of the meeting.
• Lochner’s Construction Manager, Kevin Higgins, will oversee the schedule including review of contractor’s schedule and provide a weekly statement of working days and if needed, will make suggestions to get the contractor back on schedule as necessary. • Lochner’s Construction Manager, Kevin Higgins, will coordinate with the Golf Course staff, the City staff, and MWD staff on utility works as necessary.

Approach Discussion
For this project, coordination will be a key aspect of the project scheduling and will require coordination with utility agencies, (MWD) to ensure that they are aware of any and all issues that will impact the storm

10 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
drain inlet connection that is part of these plans. Also, with the Golf Course staff that will be functioning as normal during construction to maintain the flow of constant activities and events that take place daily.

Our Construction Manager, Kevin Higgins, will work with the Golf Course and the City prior to the project start and pre-construction meeting to coordinate with these agencies to get an early start on preparation of the work, permits and ensure that fees are clear and paid by the contractor. These agencies will be invited to the project kick-off meeting as well and stay in constant contact with the CM team to ensure there is no confusion or slip in scheduled work. There will also be the solar project that is ongoing until possibly the end of this year that will require coordination for work in and on the golf course parking lot. Kevin Higgins will coordinate with the contractor, inspector, and the Golf Course staff to ensure a smooth process and manage any impacts to the golf course property. These stakeholder meetings and discussions will be documented, logged, and shared with the project team so that all parties are kept aware of any / all issues.

C. PROGRESS PAYMENTS AND CHANGE ORDERS
• Lochner’s Construction Manager, Kevin Higgins, along with the project construction inspector will coordinate the review of the Contractor’s monthly progress payment request with City staff and prepare a recommendation stating the proper amount of payment. Kevin Higgins will prepare detailed monthly progress reports to the satisfaction of the City and on a monthly basis, review the Contractor’s updated progress payment as compared to the progress reports. These will then be submitted for the City’s final approval.
• Lochner’s Construction Manager, Kevin Higgins will prepare, log, and monitor Contractor or City initiated changes to the work, extra work and change orders and request cost proposals from the Contractor for extra work and negotiate a cost for City’s approval. He will then prepare written justification and cost estimates for each extra work or change item and justification shall include a statement of the extra work or change; schedule impacts; background leading to the issue; resolution alternatives and resolution recommendation for action by the City. He will prepare and submit change orders in the City’s format to the City for written approval within seven calendar days of the finalization of negotiations. In addition, he will identify which project change orders are due to design errors and omissions, unforeseen conditions, and owner related changes and ensure that everything is processed in a timely manner.
• Lochner’s Construction Manager, Kevin Higgins will conduct monthly schedule and progress payment meetings with the Contractor and coordinate and verify the updated record drawings at this meeting.

The construction progress shall be based on an agreement between the Construction Manager and the Contractor of the physically installed bid item quantities. The result of these meetings shall be the update of the construction schedule and the progress payment estimate. • Lochner’s Construction Manager, Kevin Higgins, will ensure that contractors submit certified payroll reports with monthly progress payment requests. Review reports as applicable for compliance with federal and state prevailing wage regulations. Ensure that labor and hours reported by contractor’s match inspector’s daily diaries and inspection reports. Take employee interviews for verification of payroll compliance as applicable with state and federal regulations.

11 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
Approach Discussion
We believe that the key to a successful project is performing each task with a realistic and clear understanding of the intent of the project – a quality project delivered on time and within budget.

Setting clear agendas, identifying milestones, and holding the contractor accountable. Our team is very familiar with the entire main-stream scheduling software utilized by the public works contracting industry, including, but not limited to Primavera, Sure Trak, and Microsoft Project®. We will review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-times. Lochner will implement its time-tested claims management process to minimize changes to the project and avoid claims such that the project can be quickly and successfully closed out. Our collective team has done so on over 400 public projects valued at approximately $1 billion with no unresolved claims. Most importantly, we will not defer difficult issues and will process only change issues that have been analyzed and determined to have merit. Those items will only be recommended for consideration when the most reasonable cost and time has been negotiated and all alternatives to avoid the impact have been resolved.

D. MATERIAL AND SHOP DRAWING SUBMITTALS
• Lochner’s Construction Manager, Kevin Higgins, will review each submittal received from the Contractor for conformance with the requirements of the drawings and specifications, check each submittal against the Contractor’s schedule for potential resubmittals that may cause schedule impacts, coordinate required reviews of submittals with the design engineer and the City, and respond to non-design team related submittals (e.g. schedule, schedule of values, traffic management plan). • Lochner’s Construction Manager, Kevin Higgins, will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the Contractor, update the submittal log as items are received and responses given. He will also prepare weekly exception reports identifying outstanding submittals and reviews and review with the Contractor the status of submittals at the weekly construction meeting using the submittal log and the master submittal list. He will ensure a timely response of submittals including corrections and resubmittals. He will then coordinate evaluation of “or-equal” or product substitution requests with the design engineer, the City, vendors, manufacturers, and others and if needed, prepare evaluation and recommendation for “or-equal” or product substitution request.

E. REQUEST FOR INFORMATION (RFI)
• Lochner’s Construction Manager, Kevin Higgins, will develop and maintain the RFI log, track, review and respond to the Contractor RFI’s, distribute RFI’s to appropriate staff and/or architect and coordinate timely response, review answers and prepare formal response to Contractor within five calendar days of receipt of response, or as needed to meet the schedule requirements. He will also respond in writing to Contractor with questions from a reasonable review of drawings and specifications for clarification items and validate changes in the record specifications and plans. • Lochner’s Construction Manager, Kevin Higgins, will review and respond to requests for design revisions by the Contractor. He understands that responses to requests for design revisions require prior approval from the City and/or engineer of record and these revisions in design may take the form of value engineering and shall require extensive research, evaluation, and any recommendation from the design engineer. He will provide written recommendations, as required. • Lochner’s Construction Manager, Kevin Higgins, will initiate and review field orders and schedule requirements when a change in the work is required and issue the field order to the contractor and monitor the work for compliance. He will track the issued field orders in a log, validate the changes in the record specifications and plans. If required, He will follow-up with a change order within seven calendar days of mutual agreement with Contractor on pricing and conditions.

12 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
Approach Discussion
The project specifications are currently in DRAFT status and were not available for this proposal, so for this project, Kevin Higgins researched the soils report for any outstanding conditions or issues, spoke with the golf course General Manager, Rich Cessna, and tracked down the MWD plans for the storm drain inlet and has a great understanding of this project and its intricacies that exist. It is important to have these reports to understand the historical data of the site to better understand what we are dealing with as construction begins and progresses. This information will assist in responding to RFI’s and questions that arise during construction. Our team will perform the coordination and expediting between the contractor, design team, the CITY and Golf Course Staff to clarify interpretations of the construction documents. Timely, firm and fair determinations will be processed to minimize project cost and time impacts. Complete and current project files shall be kept current and shall be available to the city at all times. The files will consist of the contract, correspondence related to the contract, proposal requests, clarifications, permits, logs, and reports. Upon receipt, we will log, distribute and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. However, in the event that the design engineer or DPW staff are required to answer questions, the construction manager will coordinate a timely resolution. Project material submittals will also be logged, tracked for response, and turned around to the contractor for approval or revisions with 5 days so not to hinder the materials ordering process or slow the project down.

For this project, since there was no detail on the sheet piling, we felt that it was important to bring in an experienced RE / SME to oversee the submittals and installation of the Sheet Piling to ensure that these critical sheet piling activities are performed to the highest standard of care. So, we are utilizing the experience of Javier Barrientos, QSP, from RT Engineering & Associates (RTEA) to ensure the ultimate goal of a safe environment since we understand the importance of the installation of this excavation and possibly permanent retaining structure. Javier brings decades of experience managing and overseeing the installation of piles, sheet pilings, and various other types of retaining structures and will be a value to the project team during this construction activity. He will also assist with Office Engineering duties.

F. CONSTRUCTION OBSERVATION/INSPECTION SERVICES
• Lochner will provide inspection personnel to ensure that materials and workmanship are following the contract documents, review reports prepared by the contractor for construction activities including weather conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, noting delays in work and reasons for delays, and deficiencies which may impact the schedule. • Lochner staff will prepare daily inspection records and weekly status reports, prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. Lochner’s Construction Manager, Kevin Higgins, will advise the City and the Contractor of deviations in the work and document any deviations. He will record deviations that are not corrected and immediately deliver a Notice of Non-Compliance to the Contractor, perform necessary follow-up to resolve Notices of Non-Compliance, and include unresolved Notice of NonCompliance on substantial completion punch lists. • Lochner has proposed a combination of inspection and construction management level of effort that will provide sufficiency in overseeing the daily construction activity while at the same time demonstrating efficiency and maximizing the complementary efforts of the two (2) positions. • Lochner will provide the inspection of water quality best management practices (BMPs) for the project.

Responsibilities will include but not be limited to coordination with our Qualified SWPPP Practitioner or Developer (QSP/QSD) to ensure that BMPs are installed correctly, in good repair, and functional in

13 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
conformance with the Storm Water Pollution Prevention Plan (SWPPP), Erosion and Sediment Control Plan, and all General Construction Permit requirements. Lochner staff will inform the City of any potential violations and coordinate with the QSP/QSD to correct all deficiencies to ensure that the project is in compliance with all water quality regulations. • Lochner has again teamed with Ninyo & Moore on this project and will provide material testing for the project, including but not limited to soil compaction, asphalt pavement testing, concrete strength testing, deputy inspections for retaining structures, and any other required material testing to perform quality assurance and quality control for the scope of the project. Lochner staff will be responsible for coordinating with the contractor and testing lab/personnel to ensure that testing resources are utilized efficiently throughout the course of the project. Ninyo & Moore is currently on the City’s on-call list and has performed on various other projects in the city and understands the city requirements for QA/QC materials testing.

Approach Discussion
Our Inspectors bring decades of experience in public works inspection to the table, many working on the contractor side prior to Lochner. We approach each day with the understanding that our observations are the gauge through which success is calculated and our reports are the legal proof that work was performed per the contract. Our knowledgeable staff understand the importance of their role to the project’s success and assume their duties with the appropriate level of professionalism. Our qualified team of construction managers, inspectors have worked on golf courses and numerous parks and understand, storm drain systems, drainage, ADA facilities, parking lots, concrete sidewalks and paths, contouring, irrigation, landscaping, walls and fencing, among other improvements. Our qualified SWPPP QSP’s will review the SWPPP BMP’s with our inspector and construction manager to ensure that they meet the General Construction Permit requirements and that the contractor continually maintains these BMP’s during construction and any rain events throughout the project duration. Our team will ensure that the contractor meets the requirements of the special provisions and provides certified staff to create the Water Quality Control Plan for the project and oversee the SWPPP guidelines identified in the special provisions. As for materials testing, as indicated above, we have partnered again with Ninyo & Moore to provide quality materials testing and special inspection services for this project. We have worked with Ninyo & Moore on several past projects and they are very familiar with the City’s QA/QC testing program.

G. PRE/POST CONSTRUCTION SERVICES
• Lochner’s staff will provide other pre-construction coordination tasks needed among affected stakeholders and provide assistance with on-boarding of the contractor. • Lochner’s staff will ensure that the contractor provides and delivers any/all of the Operations and Maintenance Manuals and any spare parts and equipment upon acceptance of the project by the City. • Lochner’s Construction Manager, Kevin Higgins, will recommend final payment in the form of a release of retention to the Contractor in accordance with the contract requirements, verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released, obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment, and certify final payrolls as needed.
• Lochner’s team will coordinate with the contractor and provide red-lines to the City for as-builts.

Approach Discussion
Lochner will review the “as constructed” plans and prepare “as-constructed” reports, coordinate with the contractor to maintain a field set of updated “as-constructed” on our own plans, continually document changed field conditions and not rely on the contractor to document “as- constructed” conditions. We will report and photograph field condition changes. Discrepancies will be discussed, resolved, and recorded.

Completed “as-constructed” plans will be submitted to DPW. We will provide a final project report, detailing all relevant aspects of the project, including budget, reasons for bid price variations, schedule information, as-built plans, and technical details, including a compilation of project photographs.

To implement a timely project close-out, staff will enforce the implementation of the Construction Contract documents. If needed, training will be conducted prior to transferring responsibility to DPW. All construction management and inspection records will be provided to DPW for their records. Lochner will

14 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach
ensure full compliance with all pre-construction, construction, and post-construction requirements for all pertinent project permits. Our team will perform closeout duties including final organization of project files in binder and electronic format, (CD-ROM or thumb drive) and submit to DPW for final approval, and assist with the filing of the notice of completion and release of retention.

PROJECT CONTROLS
Our staff will coordinate with the City to develop the cost and schedule information and archiving system to provide information regarding the project schedule, budgets, expenditures, and change orders to the Construction Managers, contractors, and City staff. Our staff is familiar with Virtual Project Manager (VPM), ProCore and EDOC Document Control systems and have used them all on recent projects. These systems are easy to navigate and upload documents to so that the project parties and personnel can share information and review real time data as the project progresses. Project submittals and Requests for Information (RFI’s) can be uploaded to the systems and date sensitive tracking can be placed on each item to get the proper responses back from the designer, City and Construction management team to the contractor so they can proceed with ordering the correct materials in a timely fashion in order to keep the project flowing.

The Project Controls System (PCS) master schedule will enable critical activities and interrelationships between the contractors, suppliers, the City, the City’s Project Manager, design engineers, utility companies, and construction manager, including our sub-consultants, to be monitored continually throughout construction. The master schedule will identify permit constraints, work area restrictions and other known work and/or coordination constraints. The master schedule will be created by the contractor, submitted and reviewed by the project team prior to approval of the schedule. Careful consideration will be placed on any long lead time items that can take anywhere from 18 – 27 weeks to order and fabricate. This will need to be figured into the schedule as well as the review time and inspection time required to inspect the materials at the fabrication site (if required). This process can also be uploaded to the shared site along with emails folders that can be created to track the chains of communication between multi-Agencies, suppliers, and the project team to keep the contractor honest and help to maintain schedule control. The schedule will include primary Contractor work tasks; submittals; CM and other responsible party work tasks; utility identification, protection, and relocation (if needed); task relationships/ workflow/ critical path; milestones; coordination and major meetings; substantial and final completion.

The cost-monitoring element of the PCS will enable project-wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the project. Monthly reporting will enable accurate cost forecasting at any time. Project invoices and quantity verifications can also be uploaded and tracked on the shared site as well as Change Order Requests and approved change orders. Force account work can be tracked and project cost tracking and burn rates can also be tracked via the shared site so that invited parties can review these items during the project as it moves forward.

The project cost and schedule information will provide for timely analysis, intervention, and decision making for effective management of the construction phase of the project. Along with this information, the Design Engineer can also upload and share plan revisions and any changes to the project that may occur and certain items can be controlled or limited to a list of viewers/users that have to be granted permissions in certain areas that can be deemed private to limit access to invitees only or public for all parties to access information.

The project files will also be maintained electronically and in paper format by the our team according to the Caltrans Local Assistance Procedures Manual (LAPM) for all categories that apply that can be copied to electronic devices or uploaded to the Document Control System at the end of the project and turned over to the City. We have found that maintaining clean, accurate and thorough documentation helps to provide accurate documentation for any post audits so that any funding is never placed in jeopardy or the city is not at risk for claims or liability.

15 Black Gold Golf Course - Storm Drain Improvement Project

SECTION E
Overview and Approach

QUALITY CONTROL / QUALITY ASSURANCE
Lochner has developed Construction Management procedures that are used as a baseline for capital improvement construction projects. Since every project is unique, we will tailor our procedures to our clients’ needs for each project. Procedures for these projects will include a full review of the plans and specifications, and funding source requirements, to develop complete checklists of requirements for construction operations, documentation, and reimbursement requests. Lochner staff will coordinate QA/ QC activities on a daily basis per the project specifications and provisions and review activities as they happen, to make sure that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner. The CM will maintain a chronological log of all records. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of DPW.

The primary objective of Lochner’s quality control program is to ensure that every aspect of the work is constructed in accordance with the contract documents and approved submittals, in compliance with the applicable code and to industry standards. In addition, that this work is performed consistent with the owner’s expectations. Regular quality control checks include but, are not limited to:
• Obtaining subcontractor input regarding materials, means and methods; • Management of contract documents to ensure that only the most current documents are used; • Management of submittals and approvals to ensure complete contract compliance; • Management of samples and all associated approvals to ensure contract compliance; • Verification of site conditions to ensure that all preparatory work required to be performed is complete and that the work areas are safe;
• Monitoring of all contract work-in-progress to ensure that quality standards are consistent with contract documents, which includes testing and deputy inspection; • Documentation of quality procedures, checklists, test and inspections; • Maintain detailed written and photographic records to protect DPW against spurious claims.

Lochner’s quality control plan is written for every aspect of construction management and design.

The issues addressed include: Adherence to budget; generating a forecast of all potential expenses to maximize time for financial decisions; monitoring and addressing schedule issues; safety monitoring; quality monitoring; progress reporting; documentation control; construction management budget; and morale check of the team. Lochner’s main objectives are to construct a project that meets or beats the project requirements with the most economical cost and with minimal frustration for your DPW. We also strive to fully close-out projects quickly and efficiently with no remaining issues to resolve.

Ninyo & Moore has developed a specific project approach for administering its QA/QC testing services for public agencies. This approach allows their project manager to remain as the single point-of-contact throughout the duration of the contract, ensuring that our work product is consistent and meets the agencies requirements. If necessary, he will utilize their pool of experienced and qualified task managers to assist the task order assignments should multiple task orders be assigned concurrently. Their large pool of staff engineers, geologists, field/laboratory technicians and inspectors enables them to provide their personnel on-site when requested without delay. Their approach has resulted in many satisfied public agency clients including the City of Yorba Linda and other city and public agencies.

TRAFFIC CONTROL
Lochner will review construction traffic control based on the approved contractor’s submitted traffic control plans to ensure the optimum situation with regard to the protection of the traveling public and the golf course community during the construction operation; oversee the traffic control so that there is minimal disruption to traffic and access to the golf course operations; provide safe access for pedestrians and vehicles during the construction operation; and make sure that the contractor provides for optimal traffic control phasing and safety to patrons to efficiently facilitate the completion of the construction operation.

APPENDIX

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Kevin Higgins
Kevin Higgins
Senior Project/Construction Manager
Kevin Higgins has nearly 30 years of Public Works, Capital Improvement and Private Construction, Purchasing, Project Management, Field Construction Management and Inspection experience. He has participated in numerous street/highway widening projects, development of over 100 communities in land development including right of way, NOI’s, encroachment permits, mass grading, grade separations, storm drain, box culverts, sewer collection systems, drainage systems, mainline water systems, ductile iron water lines, public/private street improvements, flood control channels, public landscaping, several park-sites, bond exoneration work and city acceptance on over 100 projects that included curb and gutter removals and replacement, asphalt grinding, trench repairs, cap paving, full section paving, and striping, BMP recommendations, traffic signals, sound walls, street lighting, and dry utilities. Ensures and maintains agency standards and specifications per approved plans while ensuring projects remain on schedule and within budget.

Maintained BMPs for SWPPP, WQMP and NPDES compliance, wrote daily, weekly reports and coordinates with all departments. Has Overseen many public/private land development, infrastructure, & street improvement projects with Developers, Cities, County Flood, Caltrans, various Water Departments, Los Angeles, Riverside and San Bernardino Counties, and Parks and Recreation Departments, Redevelopment Agencies, and Various Cities.

Relevant Experience
City of Manhattan Beach Santa Monica Bay TMDL HFCTTCD
Project (Project No. SD-279)
Construction Manager. Lochner provided Construction Management and inspections on this project for the City. The cities of Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance and the Los Angeles County Flood Control District (LACFCD) have jointly developed an Enhanced Watershed Management Program (the Beach Cities EWMP). The overall Project consisted of the improvements that included a combination of HFCTTCDs and catch basin/inlet implementation. The figure also illustrates existing City and LACFCD storm drains. The Project is comprised of six HFCTTCDs on six different storm drains (located on 1st Street, 14th Street, 24th Street, 27th Street, 32nd Street, and 39th Street) along with implementation at 28 different catch basins or inlets. The MS4s are designated by the streets where they are located and include the following locations and drainage systems: 1st Street – LACFCD Bond Issue (BI) Project No. 9815, 14th Street – City storm drain, 24th Street – LACFCD Project No. BI 5452 Line I, 27th Street – LACFCD Project No. BI 5452 Line G, 32nd Street - City storm drain, 39th Street – City storm drain. The proposed locations are on MS4s draining the West Watershed of the City and into Santa Monica Bay. Each HFCTTCD had a weir type diversion structure to divert the one-year, one-hour flow rate into the HFCTTCDs. The Project includes the following: Construction/ installation of HFCTTCDs on the storm drains before the outlet, tiein to local City and County of LA storm Drain systems, Installation of Connector Pipe Screens (CPS) and filter inserts at several catch basins and inlets within smaller drainage systems.

FIRM
Lochner

EDUCATION
BS- Business Management
California State Polytechnic
University

REGISTRATIONS/

CERTIFICATIONS
Multiple Management,
Project Management,
Landscape, and SWPPP
Training Courses
Certified Construction
Manager
24-Hour and 8-Hour
Caltrans SWPPP Certified /
Construction Certified
CPESC and QSP Trained

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Kevin Higgins
City of Signal Hill Hillbrook Park Renovation Project
Construction Manager: Kevin provided support to the City of Signal Hill on this park renovation project that just completed and had its Grand Opening. The existing park was outdated and was demolished and reconstructed to include concrete patio areas with steel shade structures, concrete walkways, playground equipment with a rubberized play surface, block walls, block columns with veneer stone, concrete stairs, wrought iron fencing, Contech underground storage tanks and filtering systems, park lighting and electrical improvements, drinking fountains for both humans and pets, decorative large seat boulders, trash cans, concrete picnic benches and other amenities, a community signage shade structure, river rock beds for water infiltration and cleaning, green belt grass area for children to play, ADA Ramp improvements, asphalt paving, signing and striping, irrigation system and controller cabinet with all electrical, numerous trees and over 900 plants and groundcover. Kevin was responsible for RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, weekly statements of working days, project reports, daily inspection reports, change order management, staff coordination, project files and final reports, extended maintenance for 3 months.

City of Hemet McSweeny Farms Community Park Project
Construction Manager: Kevin provided support to the City of Hemet and the Developer – Raintree Corporation on the management of this 7-acre park-site. This project consisted of mass grading, underground drainage, retention basins, pickleball courts, basketball courts, boche-ball courts, horse shoe pits, 12’ high chain link fencing, block walls, vinyl fencing at DG walkway trails and surrounding two dog park areas, concrete walkways, asphalt parking lot and entry, flagpole, park lighting and all electrical, landscape lighting and electrical, a booster pump for water and all electrical upgrades, irrigation systems for grass area rotors and drip irrigation for planters, 97 trees, over 2,500 plants, community garden areas, graded landscape slopes and open grass areas, picnic benches, trash cans, drinking fountains, a large windmill structure, wrought iron fencing, decorative cobble, and other amenities. Kevin was responsible for RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, City and Developer coordination, weekly statements of working days, project reports, daily inspection reports, change order management, staff coordination, project files and final reports.

City of La Habra – Monte Vista Street Improvement Project, City Project No. 2-R-22 FY 2022-2023 Construction Manager. Kevin provided part-time construction management for this mile long street improvement project in la Habra. This project consisted of concrete sidewalks, driveways, local depressions, 8 ADA ramps, 1,000 tons of grind and overlay, deep AC dig-outs and replacement, 32 manhole adjustments, valve can adjustments with water and Gas departments, railroad coordination, cable company coordination, landscape restoration, mailbox improvements, traffic signal loops and other related work. Kevin completed monthly reports, reviewed daily inspection reports, managed submittals and RFI’s, completed field measurements and quantity verification for invoice approvals, coordinated with the City, Construction Inspector, the Contractor and muti-agency work. He maintained project files, WSOWD’s, reviewed certified payrolls, materials tickets and all related project documents.

City of Claremont Foothill Boulevard Master Plan Improvement Project Construction Manager: The recent project consisted of 2.9 miles to construct numerous improvements of the Foothill Boulevard Master Plan which included traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and Class 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio-retention basins, drywell underground storage, 6 new traffic signalized intersections, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, monuments signage, and full landscaping. Kevin oversaw the construction management and inspections on the entire project for the City and provided construction inspections, monthly reports, labor compliance, contractor compliance, utility coordination, conducted / attended weekly project meetings, negotiated, approved, quantities, and extra work, maintained project photos and records, met with City officials and town residents, verified quantities, coordinated any soils testing, provided daily inspections, managed 7 funding sources, and coordinated with the contractor while assisting in re-design of numerous survey errors on the plans for this $15 Million project.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Kevin Higgins
City of West Covina – Orangewood Park Soccer Improvements Project No. SP-16018 Kevin provided Construction Management and Inspection services for this nearly $4,000,00.00 Soccer park conversion project that consists in general of providing construction management and inspections for the demolition of the existing baseball complex and parking lot, survey, temporary facilities, grading and import fill material, new asphalt parking areas, concrete curb and gutter, storm drain, various drainage inlets, masonry block walls, poured in place concrete walls, decorative pavers, concrete and decomposed granite walking trails, tubular steel fencing and posts, concrete flatwork, asphalt parking improvements, decomposed granite, playground equipment and amenities, bike racks, trash enclosures and receptacles, BBQ amenities, aluminum bleachers, field turf, irrigation, landscaping, signage and striping, lighting and electrical, picnic shelters, and a large building that includes concessions, restrooms, lockers, office, and storage areas.

City of Corona – On-Call Construction Management and Inspection Contract Kevin was the Construction Manager on this ongoing On-Call contract for the City of Corona which has included the City Park Reclaimed Water and Street improvements, Smith Avenue Water Line Project, Rincon Water Line Upgrade and Installation, Palisades Apartment Complex onsite and offsite improvements, Renaissance Tract Development, Encanto Apartment Infrastructure project, Excel Business Park, and other projects since July of 2012. The projects consisted of ductile iron water and sewer lines, underground storage tanks, storm drain systems, cross gutter, curb and gutter and sidewalk improvements, trails and pocket parks, irrigation and landscaping, trench repair, grind and overlay, street lighting and traffic signals, and other rehabilitation improvements of public and residential streets throughout the City. Kevin was responsible for reviewing plans and specs, pre-construction meetings, weekly project meetings, providing construction inspectors, approving quantities and invoicing, direct communication with City staff for project details, project documentation and close-out reports.

City of Fontana Sierra Lakes Master Planned Development and Golf Course - Lewis Homes / Kaufman & Broad / KB Home
Construction Manager. Oversee the mass grading and all infrastructure improvements on over 20 of the housing developments in this1,000 plus single-family golf course home community. Responsible for plan approval process, supervising quality assurance, scheduling, inspections, controlling cost, maintaining BMPs. Responsible for supervision and inspection of mass grading, infrastructure, box culvert construction, retaining and block walls, 8 miles of CFD landscaping areas, landscaped retention basins, storm drain system, sewer systems, several miles of street improvements including curb and gutter, sidewalk, and asphalt paving and related improvements. Also managed SWPPP BMP’s and reports, street light system and Rule 20 underground work, dry utility relocation, and bond work including asphalt grinding, removals and cap paving. Worked with the city inspectors, Fontana Water, civil and soils engineers and planning to ensure timely schedules, adherence to approved plan standards and specifications and staying within budget on costs. Project also involved coordinating with Lewis Homes and Webb Engineering for the development of Sierra Lakes Golf Course and landscaping. Also included street widening of Sierra Avenue, Citrus Avenue, Summit Avenue and Sierra Lakes Parkway.

City of Rancho Cucamonga Mountain View Park – 5 Acre Park Project Kevin provided construction management services for this $4.5 Million park-site project that consisted of a community baseball / softball field, soccer field, basketball courts, tot lots, restroom building, open fields for activities, shelter structures, exercise stations, trash enclosures, contour grading, RCP and PVC storm drain, sewer, water, nearly a mile of meandering sidewalk trail and bike path, decorative concrete paver walkways, decomposed granite walkways, lighting and parking lot area with ADA signage and ramps, hard-scape and landscaping improvements.

City of Fontana Summit Heights Community 10-Acre Park Project Kevin provided the Construction Management for the Construction of Summit Heights 10 Acre Park that consisted of a community baseball / softball field, soccer fields, large turf areas, irrigation, basketball courts, tot lots, restroom building, trails, green belt areas, shelter structures, exercise stations, bar-bque stands, trash enclosures, storm drain, sewer and water, meandering sidewalks, lighting and parking lot area with ADA with ADA signage and ramps, block walls, wrought iron fencing, hard-scapes and landscaping improvements. Kevin was responsible for RFI’s, Submittals, schedule review, invoice review and approval, meetings, project and agency coordination, City and HOA coordination, weekly statements of working days, project reports, review daily inspection reports, change order management, contractor coordination, project files and final reports, extended maintenance for 6 months.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Kelli O’Connor, PE
Kelli O’Connor, PE
Alternate Construction Manager/Construction Engineer |
19 Years of Experience
Kelli O’Connor is a Colorado licensed PE. She has 19 years of combined resident engineer, mechanical inspection, and civil engineering experience working on pavement rehabilitation, sidewalk and ramp construction, and parks projects. She serves Lochner as a Construction Manager and Resident Engineer in water and wastewater infrastructure.

Relevant Experience
Western Municipal Water District, La Sierra Pipeline and Sterling Reservoir Pump Station Project
Resident Engineer (La Sierra Pipeline Project) and Construction Manager (Sterling Reservoir Pump Station Project). The La Sierra Pipeline involves the construction of over four miles of 30” welded steel pipeline. The Sterling Reservoir Pump Station project involves the construction of a 1.1 million gallon (MG) concrete reservoir and a pump station with six 700 hP vertical turbine pumps, a surge tank, welded steel yard piping, ammonium sulfate and sodium hypochlorite chemical building, and a generator. Both projects involve a construction management team. For the pipeline project, Ms. O’Connor responsibilities include assisting the construction management team through change order review, pay application review, and meeting support. Kelli’s responsibilities included assisting the construction management team with change order and pay application reviews, meeting support, SRF grant funding requirement reporting, and closeout support. For the pump station project, Kelli’s responsibilities included site coordination, pay application review, change order review, construction inspection and documentation, and grant funding requirement reporting.

City of Anaheim Construction Management/Resident Engineer Services for the Design-Build Large Water Valve Replacements/ Additions and Water Vault Rehabilitations Project
Construction Manager. Lochner provided construction management services for the construction and closeout phases of the D/B Large Water Valve Replacements/Additions and Water Vault Rehabilitations project. Upgrades were made to water valve vaults a five sidewalk/ street locations, at a nature center location, and at a water tank location. Work included traffic control, BMPs, excavation and backfill, replacement or installation of gate or pressure relief valves, installation of piping and appurtenances, vault demolition and replacement/re-construction, highlining, and night work. At the nature center, work included arborist observation to protect protected and stressed trees. At the tank location, work included replacement of an altitude valve, controls improvements (install and start-up new panels, new level sensor in tank, and telemetry equipment), and vault upgrades (and remove and re-construct vault top with castin-place hatch, install light, and install and start-up sump pump and vent blower), and soil stabilization. Lochner`s construction services included coordinate between multiple City department and Contractor; schedule, prepare agendas and minutes, and lead FIRM
Lochner

EDUCATION
MS, Civil Engineering,
Colorado State University
BA, Chemistry, Southern
Oregon University
BS, English, Southern Oregon
University

REGISTRATIONS/

CERTIFICATIONS
Professional Engineer (PE),
CO, 0047273
International Code Council
Commercial Building
Inspector (B2), 8324829
ACI Field Testing Technician
Grade 1, Number 01302403
10-Hour Cal OSHA, 1530482
FEMA Public Assistance
Program Project Specialist

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Kelli O’Connor, PE
meetings (weekly progress meetings, multiple pre-construction meetings given the different types of sites, and startup meetings); assist with coordination for final design and permits; review construction notices; perform submittal review and coordinate responses; review and recommend pay applications, review schedules;, coordinate RFI resolutions; evaluate change orders for merit and for completeness; prepare closeout documentation; and verifying labor compliance and performing labor interviews.

City of Anaheim Linda Vista Complex Pump Station Improvements, Phase 2 Construction Manager. Lochner provided full-time construction management and inspections services for this 18-month project. The worked involved extensive upgrades to one of the City’s main water supply facilities, including the demolition and removal of abandoned on-site facilities, replacement of existing pumps, replacement and reconfiguration of high voltage electrical equipment, facility controls and instrumentation enhancements, construction of a new building for the pump station electrical and controls equipment, site security upgrades; and other various site improvements. Kelli’s responsibilities included construction management and inspection; preparing daily project summaries; coordinating daily inspections; scheduling special testing and material testing service; monitoring contractor’s progress schedule; document control for daily inspection reports and material delivery tickets; verifying pay quantities; overseeing site safety; and ensuring updated as-built plans.

City of Downey Civic Center Drive and Hall Road Water System Improvement Project Construction Manager. This project included replacement or installation of 40 water meters, replacement and refurbishment of fire hydrants, and abandonment and installation of 4-inch to 8-inch ductile iron pipe. Kelli’s responsibilities included field-client coordination, inspector subcontractor invoice review and budget management, construction meeting support, and project closeout documentation submission.

City of Anaheim CM Services for the Dwyer Drive, Lincoln Avenue & Dahlia Drive Water Main Replacement
Construction Manager. The scope was primarily for construction management and Resident Engineer (RE) services, which included monitoring the project schedule and tracking delays, RFIs, changes, field directives, time and materials, and inspection tickets. The RE reviewed shop drawings and provided recommendations. The RE reviewed and executed change order and delay claims from the contractor.

The Construction Manager/RE supported and assisted the APU inspector. The design build was approximately 5,076 LF of 8” DIP and 6” DIP, with new water services and apertures. This involved traffic control, improvements, excavation, backfill, shutdowns, dewatering, temporary highlining of water service, hydrant installation, coordination with water service customers, chlorination, de-chlorination, pressure testing, and site clean-up.

City of Pico Rivera Pio Pico Park Improvements
Construction Manager. The Pio Pico Park project converted a 2.4 acre elementary school field into a community park through the following improvements: construct a 1,000 linear foot decomposed granite track, modify and upgrade the existing irrigation system, replace boundary fence with decorative fencing, install solar light poles, install new landscaping and trees, and install picnic tables on new concrete pads.

Kellir’s Responsibilities included management of DSA-certified inspections subcontractor, inspections invoices review, inspector budget management, document control assistance, construction meeting support, contractor pay application review, and project closeout assistance.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Gordon D. Roberts
Gordon D. Roberts
Primary Construction Inspector
Gordon Roberts has over 40 years of energetic, reliable strong commitment to professional work ethic, and diverse experience in progressively responsible positions from heavy equipment operator to superintendent to general engineering & building contractor including multiple trades contractor to project designer and inspector. He has years of experience working with a paving and slurry contractor.

Gordon interacts cooperatively at top management levels with input into planning, safety, goal setting, operations, policy decisions. and building code implementations. Gordon possesses authoritative knowledge of building codes and regulations, plan reading and interpretation, multiple trades and overall respected construction practices. He interacts cooperatively with architects, engineers, general contractors, inspectors, other supervisors and the public. He conveys excellent communication and interpersonal skills; interacts well with widely diverse groups; easily gains confidence and cooperation; additionally, bilingual utilization of his construction / conversational Spanish proves a strong field communication asset. Gordon has managed crews of 30+; stressing quality work and safety. He hired, trained, and developed crews to work independently with continued priority to safety situational awareness.

Relevant Experience
City of Claremont Foothill Boulevard Master Plan Improvement Project
Construction Inspector: The recent project consisted of 2.9 miles to construct numerous improvements of the Foothill Boulevard Master Plan which includes traffic control, clearing and grubbing, roadway excavation, removal and replacement of curb and gutter, sidewalks, and driveways, Class 1, 2 and Class 4 bicycle lanes, 10 concrete bus pads and shelters, concrete cross gutters, alley way driveways, local depressions, parkway drains, pavement improvements, walls, storm drain work that includes various RCP, catch basins, manholes, cobble bio-retention basins, drywell underground storage, 6 traffic signals, street lighting, landscaping and irrigation, and the installation of bus shelters and furniture and amenities, trellis structures, monuments signage, and full landscaping. Gordon oversaw the inspections on the entire project for the City and provided construction inspections, daily reports, labor compliance, contractor compliance, utility coordination, attended weekly project meetings, negotiated, approved, quantities, and extra work, maintained project photos and records, met with City officials and town residents, verified quantities, coordinated any soils testing, provided daily inspections, and coordinated with the contractor while assisting in re-design of numerous survey errors on the plans for this $15 Million, year and a half long project.

City of La Habra – Monte Vista Street Improvement Project, City Project No. 2-R-22 FY 2022-2023
Construction Inspector. Gordon provided full-time construction inspections for this mile long street improvement project in la Habra. This project consisted of concrete sidewalks, driveways, local depressions, 8 ADA ramps, 1,000 tons of grind and overlay, deep AC FIRM
Lochner

EDUCATION
California State Contractor
Trade School & Licensing –
General (A)/Engineering (B)/ plus
Specialty Trades & Certifications
Operating Engineers, Local
12- Journeyman TrainingCertified HAZ-MAT Handling, Safety Management, Equipment Operator
for Infrastructure Earthwork, Grade
Checking & Plan Take-off, Heavy
Equipment Mechanical Repair,
Maintenance & Safety Practices.

Trade & College Courses –
Drafting & Plan Design, Metallurgy
Safety, Welding, Cutting &
Compressed Gas Practices, Basic
Spanish
EVOC – Emergency Vehicle
Operations Center Instructor
Training
Computer SoftwareStructure Studios: Vip3D
Pool Studio & VizTerra, AutoCad,
MS Office Suites, Corridor:Asset
Maintenance & Repair Tracking
Management.

CERTIFICATIONS
CSLB License (#301013)
* (A) General Engineering
* (B) General Building
* (C-12) Earthwork & Paving
* (C-21) Building Moving &
Demolition
* (C-27) Landscape
* (C-42) Sanitation Systems
Installation
* (C-53) Swimming Pool, Spa, Hot
Tub & Solar Heating
*ICC Certified
Installation

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Gordon D. Roberts
dig-outs and replacement, redwood header, 27 manhole adjustments, valve can adjustments with water and Gas departments, railroad coordination, cable company coordination, landscape restoration, mail box improvements, traffic signal loops and other related work. Gordon completed daily observation and construction reports, completed field measurements and quantity verification for invoice approvals, coordinated with the City, Construction Manager, the Contractor and muti-agency work. He maintained project photos, progress reports, materials tickets and all related project documents.

City of Rancho Mirage On-Call Inspections Contract – Land Development Projects, Construction Inspector: Gordon oversaw the rough grading operation, installation of up to 17’ deep 12” VCP Sewer Main, 24” and 30” storm drain with (26) sewer manholes, wyes and laterals, 8” – 12” ductile iron water line, curb and gutter, cross gutters, sidewalk, paving grading and base paving on two land development projects. Gordon maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, design engineer, Coachella Valley Water, and soils and materials testing staff to ensure that the project was built in accordance with the project plans and specifications.

City of Rancho Mirage On-Call Inspections
Construction Inspector. Gordon provide staff augmentation to the City for permit inspections throughout the City. Inspections included permits for grading, water lines, asphalt repairs and installation, curb and gutter, electrical, and other various improvements. Gordon maintained Daily reports, attended meetings, kept photo documentation, coordinated with the City, and design engineers to ensure that the project was built in accordance with the project plans and specifications.

City of Corona On-Call – Foothill Parkway Sewer and Water Improvement Project Construction Inspector: Gordon recently provided inspections on this land development project for a hotel, Starbucks and shopping center project that included over 3,000’ lf of 8” VCP sewer mainline and laterals at up to 18’ feet depth, 12 manholes, ductile iron water line and domestic and fire service lines, slurry backfill on a busy public street, asphalt improvements, and other project related work. Gordon completed daily inspections and reports, coordinated with the contractor and materials testing firm, verified quantities and traffic control, attended meetings and ensured SWPPP BMP compliance with a difficult and unexperienced contractor.

Western Municipal Water District (WMWD) La Sierra Pipeline and Sterling Pump Station and Reservoir Project
Construction Inspector. Gordon provided construction inspection on this $30 million project. The La Sierra Pipeline is 4.5 miles long and conveys potable water from WMWD’s Arlington Desalter and Chino Desalter to WMWD’s Riverside service area. This pipeline project and the pump station project increase service reliability and reduced the region’s dependency on imported water from the Metropolitan Water District (MWD) of Southern California’s Mills Treatment Plant. The project was 4½ miles long and at an approximate cost of $13-15 million and the estimated construction duration is 400 calendar days.

The pump station and reservoir portion of the project was approximately $13-15 million as well and scheduled for approximately 400 days. The project consisted of approximately 20,000 plus linear feet of 30” inch CML Class 250 – 500 steel pipeline and approximately 200’ linear feet of 24” CML&C Class 250 pipe. Work was completed and coordinated with the City of Riverside as well.

City of South Gate Imperial Highway Offsite Sanitary Sewer Project On-Call Construction Inspector. Gordon provided full-time and nighttime construction inspections for this sewer improvement project. Gordon’s responsibilities included overseeing the work of the Contractor; coordinating the work with the City, Contractor, businesses, and the public; providing inspections and preparing daily reports; and project closeout.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Patrick “Rick” Kerrigan
Patrick “Rick” Kerrigan
Alternate Construction Inspector
Rick has over 30 years of experience in public works construction, inspection and oversight on various sewer and water, storm drain, and street improvement projects. Rick was lead inspector on a number of capital improvement projects for the Cucamonga Valley Water District. He has overseen small to large Capital Improvement projects, inspections of new water lines, sewer lines, pump stations, wells and other public works that pertain to water distribution and sewer systems as well as land development and infrastructure improvement projects. He worked for the Cucamonga Valley Water District for nearly 30 years. He has inspected on numerous projects as well as Downey water projects and some are listed below in his project experience.

Relevant Experience
City of Downey - Civic Center Drive and Hall Road Water System Improvement Project
Construction Inspector. This project included the following improvements: Installation of new potable water ductile iron pipe, gate valves, tees, bends, thrust blocks, and appurtenant fittings, new fire hydrant assemblies, water service lines, meters, and boxes, abandonment of existing water mains, service lines, and other associated facilities, the removal and salvaging of existing fire hydrant assemblies, water meters, and boxes, clearing and grubbing; trenching, backfilling and compacting; asphalt concrete (AC) and Portland cement concrete (PCC) pavement reconstruction; reconstruction of miscellaneous PCC improvements (curb, gutter, sidewalk, driveway, etc.), landscaping, irrigation, and other existing improvements disturbed during the course of construction.

Duties included daily inspections and reports, photo and written documentation, attending meetings, coordination with soils and materials testing, the contractor and City staff to oversee all aspects of job.

Western Municipal Water District (WMWD) – La Sierra Pipeline and Sterling Pump Station and Reservoir Project
Construction Inspector – Rick is currently providing professional Construction Management, Construction Inspection, Specialty Inspection, Soils and Materials Inspections services to assist with the construction of the La Sierra Pipeline Project (W-238A) and the Sterling Pump Station and Reservoir project (W-238B) for the Engineering Department. The La Sierra Pipeline project will convey potable water from WMWD’s Arlington Desalter and Chino Desalter to serve the needs of WMWD’s Riverside service area. This pipeline project and the pump station project will reduce the region’s dependency on imported water from the Metropolitan Water District (MWD) of Southern California’s Mills Treatment Plant and increase reliability. Our experienced team is currently providing services on this nearly $30 Million project with WA Rasic as the contractor. The La Sierra Pipeline project is 4 ½ miles long and at an approximate cost of $13 – 15 million and the estimated construction duration is 400 calendar days. The pump station and reservoir portion of the project is approximately $13 – 15 million as well and scheduled for approximately 400 days The project consists of approximately FIRM
Lochner

EDUCATION
Some College Courses
Public Works Construction
Inspection and Procedures
Water Distribution Operator
Collection System Technology
Water Treatment Plant Operator
Waste Water Treatment Plant
Operator
Basic Well and Booster Pumps
Introduction
Safety Management Specialist
Welding Safety, Welding, Cutting
and Compressed Gas

CERTIFICATIONS
Grade 4 Water Distribution
Grade 2 Collections System
Technology
Certified Occupational Safety
Specialist COSS
Certified Safety Management
Specialist CSMC
Competent Person OSHA
Confined Space Awareness,
Operations and Rescue
Traffic Control and Flagger Safety
First Aid and CPR/AED
Underground Service Alert
Backhoe Operator Training
Fall Protection
Ariel Work Platform and IVES
Trainer
Forklift and IVES Trainer
FEMA IS-00100.PWb, IS-00200.b,
I-300, IS-00700.a, IS-00701.a, IS00703.a, IS-00704, and IS-00800.b Courses

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Patrick “Rick” Kerrigan
20,000 plus linear feet of 30” inch CML Class 250 – 500 steel pipeline and approximately 200’ linear feet of 24” CML&C Class 250 pipe. The La Sierra 30” pipeline or Reach F connects to the existing system at El Sobrante Road just below the La Sierra Reservoir at STA. 19+90.75 and extends to just past Liverpool Lane where it will transition to Line “C1” which is stage 2 - a realignment of Reach G and a portion of Reach F. This line continues under the BNSF right-of-way and the Arlington Channel in a 48” steel casing that is jack and bored under to the SAWPA property. The line then picks up there and runs through the SAWPA parking lot and onto Sterling Street where it will terminate at STA 237+54.13 to connect to the future pump Station.

City of Jurupa Valley – Safe Routes to School Project
Construction Inspector: Rick provided full-time inspections on this Safe Routes to School project that included concrete curb and gutter, sidewalk, ADA ramp improvements and asphalt paving improvements.

He performed daily construction inspections, completed Daily Construction reports, calculated quantities and tracked work completed for invoices, coordinated with the contractor and the construction manager, maintained project folder, provided photographic documentation of the progress, verified traffic control and project safety daily, attended project meetings and assisted the City.

City of Corona On-Call – Sierra Bella Development Project Construction Inspector: Rick recently worked on this development project that included 1,000’ LF of 8” VCP Sewer Main line and 4 manholes, 1,000’ LF of 16” Ductile Iron Water Main Line and 5 Fire Hydrants, 1,000’ LF of 12” Ductile Iron Re-Claimed Main line, and 30’ LF of 18” Storm Drain, Asphalt grind and paving, curb and gutter, sidewalk. He was responsible for daily inspections and completing daily construction reports, coordinating with the Water Department and the City, the engineer and the contractor, maintaining files, reviewing plans and specs, maintaining an electronic photo log and as-built plans.

City of South El Monte On-Call – Sewer Improvement Phase 1 Project on Fawcett Avenue and Lexham Avenue
Construction Inspector: Rick recently worked on this sewer lining project that involved the cleaning, videoing, and re-lining of nine sections of over 3,000’ linear feet of existing 8”, 10”, and 12” VCP sewer pipe. The contractor made repairs to any damages to the existing lines prior to installing the polyurethane liner. Rick performed both night time and day time inspections and completing daily construction reports, coordinating with the Los Angeles County Sanitation District, Caltrans, the City, the engineer and the contractor, maintaining files, reviewing videos, maintaining an electronic photo log and as-built plans.

City of Rancho Cucamonga Widening of Foothill Boulevard Construction Inspector: Rick was responsible for redirecting the sewer flow into a new 27-inch VCP sewer line. He served as the project inspector for this job, which began at the intersection of Rochester and Foothill Boulevard. The project continued east on Foothill Boulevard to the storm drain culvert, then headed south, running parallel to the I-15 freeway to Arrow Route, where it tied into a 30-inch sewer line.

The inspector oversaw the installation, conducted air testing, and reviewed video inspections of the new sewer trunk line, which was put into service during a period of low flow.

Cucamonga Valley Water District (CVWD) Tapia Via Sewer Relining Project Construction Inspector – Rick inspected the sewer lining of a section of aging 8” Vitrified Clay Pipe (VCP) mainline and 40 sewer lateral connections. He coordinated with the contractor, witnessed the cleaning of the sewer line and the video camera of the line before and after the poly lining, as well as manhole coating, and kept daily reports, maintained project files, ensured compliance throughout the procedure to make sure that the lining was installed correctly.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Anthony English
Anthony English
Alternate Construction Inspector
Anthony English entered the construction industry nine years ago as a plumbing journeyman. He has held positions in plumbing, electrical and construction. His work experience includes public schools, private development, and public works CIP projects
Relevant Experience
City of Manhattan Beach Santa Monica Bay TMDL HFCTTCD
Project (Project No. SD-279)
Construction Inspector: Lochner provided Construction Management and inspections on this project for the City. The cities of Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance and the Los Angeles County Flood Control District (LACFCD) have jointly developed an Enhanced Watershed Management Program (the Beach Cities EWMP). The overall Project consisted of the improvements that included a combination of HFCTTCDs and catch basin/inlet implementation. The figure also illustrates existing City and LACFCD storm drains. The Project is comprised of six HFCTTCDs on six different storm drains (located on 1st Street, 14th Street, 24th Street, 27th Street, 32nd Street, and 39th Street) along with implementation at 28 different catch basins or inlets. The MS4s are designated by the streets where they are located and include the following locations and drainage systems: 1st Street – LACFCD Bond Issue (BI) Project No. 9815, 14th Street – City storm drain, 24th Street – LACFCD Project No. BI 5452 Line I, 27th Street – LACFCD Project No. BI 5452 Line G, 32nd Street - City storm drain, 39th Street – City storm drain. The proposed locations are on MS4s draining the West Watershed of the City and into Santa Monica Bay. Each HFCTTCD had a weir type diversion structure to divert the one-year, one-hour flow rate into the HFCTTCDs. The Project includes the following: Construction/ installation of HFCTTCDs on the storm drains before the outlet, tiein to local City and County of LA storm Drain systems, Installation of Connector Pipe Screens (CPS) and filter inserts at several catch basins and inlets within smaller drainage systems. Anthony provided daily inspections on this project that is closing out.

City of La Habra – Monte Vista Street Rehabilitation Project, Project No. 2-R-23, FY 22-23
Construction Inspector: This improvement project consisted of grinding and overlay of an existing street, deep asphalt dig-outs, ADA Ramp improvements, sidewalk, curb and gutter improvements, cross gutters, driveway approaches, alley improvements, base course and cap course paving, striping, manhole adjustments, valve adjustments, water meter boxes, new mailboxes, traffic loops, parking area improvements, SWPPP maintenance, and other items. Anthony worked part-time as a fill in inspector and provided daily inspection support, quantity tracking and measurements, RFI review with CM, attending all project meetings, communication and coordination with the contractor and the City staff, SWPPP BMP review, Change Order assistance, invoice and quantity review, coordination with soils and materials testing firm, review daily inspection reports, and all other inspection related issues.

FIRM
Lochner

EDUCATION
Construction Work Certificate,
West Valley Occupational
Center, Woodland Hills, CA

CERTIFICATIONS
OSHA 10
Photovoltaic Technician
Pipe Fitting

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Anthony English
City of Redondo Beach Torrance Boulevard from Torrance Circle to Prospect Avenue, Job No. 41230, and Torrance Boulevard & Francisca Avenue Traffic Signal Modification Project Construction Inspector. Lochner provided construction management and inspection services on this $4 million improvement project to a 1-mile segment of Torrance Blvd between Prospect Ave and Coral Way.

The scope of work included traffic signal upgrades at two intersections, installation of 500 linear feet of VCP sewer mainline pipe, asphalt and concrete pavement reconstruction, concrete sidewalks, curbs, gutters, and cross gutter repairs, ADA curb ramps upgrades, and signing and striping. Anthony oversaw the daily work of the Contractor for compliance with the project plans and specifications, provided daily inspections, prepared construction inspection reports, coordinated the project with the City, Contractor, utility companies, businesses, and residents, tracked field quantities for pay items, reviewed the Contractor’s invoices, and assisted with project closeout.

City of El Segundo Smoky Hollow Parking Pilot Project No. 23-05 Construction Inspector. Lochner provided full-time construction inspection services for this multiple onstreet parking improvement between El Segundo Blvd and Grand Ave. The work was completed within a month and included the removal of conflicting improvements, and the installation of new striping and marking, traffic signage, wheel stops, and concrete bollards. Anthony oversaw the daily work of the Contractor for compliance with the project plans and specifications, provided daily inspections, prepared construction inspection reports, coordinated the project with the City, Contractor, utility companies, businesses, and residents, tracked field quantities for pay items, reviewed the Contractor’s invoices, and assisted with the project closeout.

City of El Segundo FY 21/22 Pavement Rehabilitation, Project No. PW 22-01 Construction Inspector. Lochner provided full-time construction inspection services for this $1M street improvement project on El Segundo Blvd between Whiting St and Illinois St. The scope of work included pavement reconstruction and resurfacing, utility adjustments, and pavement striping and markings. Anthony oversaw the daily work of the Contractor for compliance with the project plans and specifications, provided daily inspections, prepared construction inspection reports, coordinated the project with the City, Contractor, utility companies, businesses, and residents, tracked field quantities for pay items, reviewed the Contractor’s invoices, and assisted with the project closeout.

City of Redondo Beach Residential Street Rehabilitation Project Cycle 2 Phase 3, Job No. 40190 Construction Inspector. Lochner provided construction management and inspection services for this annual project that repaired and improved streets in various residential neighborhoods. With a construction budget of $4.5 million, the project scope of work included pavement reconstruction and resurfacing of roadways and alleyways, concrete sidewalk, driveway, curb and gutter repairs, construction of dry wells for street drainage, upgrades to 100 curb access ramps, various utility adjustments, installation of new traffic and street name signs, and roadway pavement striping and markings. Anthony oversaw the daily work of the Contractor for compliance with the project plans and specifications, provided daily inspections, prepared construction inspection reports, coordinated the project with the City, Contractor, utility companies, businesses, and residents, tracked field quantities for pay items, reviewed the Contractor’s invoices, and assisted with the project closeout.

City of Inglewood Centinela Avenue Median, ADA Improvements and Traffic Signal Modifications from La Cienega Boulevard to La Brea Avenue HSIPL-5164 (033), and Street Improvements from La Cienega Boulevard to Florence Avenue
Construction Inspector. Lochner provided construction management and inspection services on this $6.85 million project, which included HSIP Cycle 8 grant funding. The scope of work included the construction of raised medians and traffic signal upgrades on Centinela Ave between La Cienega Blvd and La Brea Ave, and street improvements on Centinela Ave between La Cienega Blvd to Florence Ave that included pavement rehabilitation, repairs of concrete driveway approaches, sidewalks, curbs and gutters, curb ramp upgrades for ADA compliance, construction of AC and PCC bus pads, signing and striping, and installation of landscape and irrigation. Anthony assisted with the inspection of the traffic signal installations.

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Garreth Saiki, PE, GE
Garreth Saiki, PE, GE
Materials Testing - Principal Engineer | 38 Years of Experience As a Principal Engineer for Ninyo & Moore, Garreth Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including water infrastructure, highways, railroads, airports, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications. Garreth also reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the Uniform Building Code (UBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construction (Greenbook).

Relevant Experience
• City of Anaheim | Logan Wells Memorial Skate Park
• City of Lawndale | Larch Park
• City of South Gate | South Gate Urban Orchard
• City of Los Angeles | Trust for Public Land (TPL) Monitor Avenue Park
• City of Westminster | Park Improvements
• City of Los Angeles | Marsh Park Project
• City of Sylmar | Cariso Community Regional Park
• Mountains Recreation and Conservation Authority, Milton Street Park
• City of San Pedro | Plaza Park Phase III
• City of Los Angeles | South Los Angeles Wetland Park
• City of San Pedro | Peck Park Canyon Enhancement
• City of Ontario | Civic Center Community Conservation Park • City of Laguna Beach | James and Rosemary Nix Nature Center • City of Newport Beach | Bonita Canyon Sports Park Pickleball Courts Project
FIRM
Ninyo & Moore

EDUCATION
MBA, 1998, University of
California Davis
MS, Geotechnical
Engineering, 1989, University
of California Berkeley
BS, Civil Engineering, 1987,
University of California
Berkeley

REGISTRATIONS
PE 49665 (California)
GE 2509 (California)
Nuclear Gauge Operator
Certification

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Paul Medina, ICC, DSA, ACI
Paul Medina, ICC, DSA, ACI
Materials Testing - Lead Inspector | 12 Years of Experience As Lead Inspector, Paul Medina performs inspections of various project elements including concrete, prestressed concrete, post tensioned concrete, steel welding and bolting, masonry, sprayapplied fireproofing, high-strength bolts, shotcrete, and fiber reinforced polymer. Paul also performs inspection at fabrication plants for structural steel and precast concrete. He obtains or prepares representative specimens of these materials to be tested in our certified laboratory. He assures that representative samples are obtained in accordance with the approved project documents and minimum frequencies. His observations and inspections are documented in detailed daily inspection report that is provided at the end of each work shift. He is also the project liaison with the governing Building Department field representatives. Paul maintains clear communication with the Project Manager, Project Architect (design professional), Contractor and Building Department regarding all aspects of the inspections and non-conformance items. At project completion, a formal Final Inspection Report is provided to the Building Official and client for final close-out of the project.

Relevant Experience
• City of Yorba Linda | Yorba Linda Library and Art Center Project • City of Newport Beach | Newport Beach Country Club
• City of Anaheim | Ponderosa Skate Park
• County of Los Angeles | El Cariso Community Regional Park New • City of Sylmar | Gymnasium And Community Center
• City of Compton | Compton Unified School District, Compton High School
• City of Compton |Reconstruction Project
• Orange County Water District | Mid-Basin Injection project at Centennial Park
• Western Municipal Water District | Victoria Avenue Recharge Water Facility Riverside
• Trabuco Canyon Water District, Saddlecrest Reservoir and Booster Pump Station, Trabuco Canyon
• Irvine Ranch Water District | Michelson Water Treatment Plant FIRM
Ninyo & Moore

CERTIFICATIONS
• ACI Adhesive Anchor Installation
Inspector
• ACI Concrete Field Testing
Technician Grade
• ACI Concrete Strength Testing
Technician
• Caltrans Beams and Concrete
• City of Newport Beach Concrete
and Masonry Inspector
• City of Los Angeles Deputy
Building Inspector
• City of Long Beach Epoxy
Inspector
• City of Long Beach Fire-Proofing
Inspector
• City of Long Beach Prestressed
Inspector
• City of Long Beach Reinforced
Concrete Inspector
• County of Los Angeles Concrete
and Masonry Inspector
• DSA Masonry Special Inspector
• FRP Qualified Inspector
• ICC California Commercial
Building Inspector
• ICC Prestressed Concrete Special
Inspector
• ICC Reinforced Concrete Special
Inspector
• ICC Soils Special Inspector
• ICC Spray-Applied Fireproofing
Special Inspector
• ICC Structural Masonry Special
Inspector
• ICC Structural Steel and Bolting
Special Inspector
• OSHA Excavation Competent
Person Certification
• USDOT HAZMat Refresher
Training

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Javier Barrientos, QSP
Javier Barrientos, QSP
Assistant Resident Engineer/OE | 33 Years of Experience Javier Barrientos has over 33 years of construction experience in the public works infrastructure in Southern California. As a Construction Manager & Project Manager he has been involved with all facets of utility relocations, bridge, highway, and rail construction, and construction management. He is proficient in the areas of SWPPP inspection, traffic control, traffic signals, storm drains, water and sewer lines, pump stations, CIDH and sheet piles, roadway improvements (HMA/JPCP), sidewalk improvements, ADA improvements, utility coordination, contract administration, schedule control, cost control, design and constructability reviews, quality control and quality assurance, construction inspection, contract change order processing, and construction office management. He also has experience in processing payment requests, subcontractor payments, CPM schedule review and maintenance, and is
knowledgeable with Oracle, Primavera, and Expedition platforms.

Relevant Experience
RCTC – I-15/SR-91 ELC, Express Lanes Connector – Corona Assistant Resident Engineer/ MOT Manager - Javier was responsible for provided support with constructability reviews, submittal reviews, falsework, shoring, piles, manage extra work bill records and T&M inspection, MOT Management, COZEEP, CT freeway lane closure coordination and approvals, subgrade preparations, conducted IQA inspections with Caltrans SWPPP Oversight Representative, PCC Pavement, AC Pavement, bridge structures, retaining walls, sound walls, and drainage facilities on the project.

RCTC – I-15 ELP, Express Lanes Project – Corona
Assistant Resident Engineer/MOT Manager - As Maintenance of Traffic Coordinator, responsibilities included overseeing the Traffic Lane Closures requested by the contractor, reviewing, and approving them on the Caltrans web-based Lane Closure System. Also tracked and coordinated with all the neighboring project’s lane closures to avoid conflicting with each other. Scheduled COZEEP patrol units with CHP Riverside and Orange County. Tracked and logged all lane closures to monitor for compliance percentage minimums and assess LD charges when applicable. Conducted SWPPP weekly and rain event inspections with the contractor’s WPC manager and monitored corrective action issue. Monitored the site for any safety or maintenance concerns that would require immediate attention and responded to investigate any accident or incident within the project limit ROW. Assisted in the review of Traffic Management Plans and Activity Work Plans. Assisted in the review of progress payments. Coordinated force account work.

Provide general assistance to the PCM or Agency as needed.

OCTA – Lakeview Avenue Grade Separation – Anaheim
Assistant Resident Engineer - This $27.6 million construction project involved the grade separation of Lakeview Avenue over Orangethorpe Avenue, Burlington Northern Santa Fe (BNSF) railroad tracks, and Atwood Channel by constructing a four-lane wide overcrossing bridge. The project also included a new connector road with a FIRM
RT Engineering & Associates

CERTIFICATIONS
• CISEC Certificate No. 2165
• QSP Certified
• Primavera Certified
• Cal Osha 10 hr.
• Railroad Worker Certified
• Trench Excavation
Competent Person Certified
• Scaffolding Competent
Person Certified
• Roadway HMA / JPCP
• Utility Coordination, PIP &
Relocations
• Bridges, Structures, and
Roadways Construction
• Freight & Passenger Rail
• Contractor Project Manager
Experience
• Poses contractor’s
perspective
• QA/QC Experience

Black Gold Golf Course - Storm Drain Improvement Project APPENDIX | STAFF RESUMES
Javier Barrientos, QSP
signalized intersection with a one-million-gallon detention basin below ground. Responsibilities included coordinating with all utility companies to ensure timely relocation. Synchronized Contractor CPM schedule with utility company relocation schedule to reduce interference, delays, and improve CPM schedule. Investigated Request for Information and Change Orders and coordinated with Contractor’s Project Engineer, Superintendent, and Foremen to evaluate all preventative options and only utilizing the Designer for unavoidable measures. Mitigated and alleviated multiple Non-Conformance Reports with effective communication and collaboration with Quality Control Manager to establish an agreeable solution and resolve the issue. Monitored and enforced Storm Water Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP). Inspected traffic control system for compliance for all three phases and for occasional night closures. Prepared Contract Change Orders (CCOs) and coordinated with OCTA and Contractor to process CCOs. Prepared and developed project progress payment/ pay estimates and check and balance of quantity measurements and calculations with Inspector Daily Dairies, existing field conditions, and certificate of compliances.

SBCTA – Duncan Canyon Road / Interstate 15 Interchange Improvements – Fontana Assistant Resident Engineer / Utility Relocation Coordinator / Lead Civil Inspector - This project was a $22.8 million construction of bridge crossing the I-15 Freeway and Widening of an existing bridge, in like, with a two-span cast-in-place pre-stressed reinforced concrete box girder bridge supported on a twocolumn bent and seat type abutments. Retrofit to existing bridge includes adding bent cap bolster, footing overlay and extension, and precast panels. Two new signalized street intersections at the new off- ramps / on-ramps. 12ftx10ft RCB Single Culvert 1,935ft long; new and modified drainage systems throughout the project area, HMA paving, earthwork, landscaping, irrigation, fiber optic modifications, signage, and striping. Duties included utility company coordination and relocation; construction inspection and administration; writing daily diaries documenting field operations; ensuring Contractor’s compliance with Encroachment Permits; and documenting quantities of work completed for payment; coordinating work with Agency/Owner, Design Engineer, Contractors, developers, property owners, and/ or other project stakeholders; inspect materials and workmanship of the Contractor’s work to ensure compliance with applicable plans, specifications, and contractual requirements. C OCTA – SR-57 NB Widening Central Segment – Fullerton
Construction Inspector / Office Engineer. This $53.5 million was for SR-57 Northbound Widening Project to address congestion occurring in the northbound direction on SR-57. Performed inspections of drainage facilities; drain inlets, RCP and APC drainpipe, Bio- Swales, Rock Slope Protection, removals, etc. Reviewed Traffic Control System closures and entered lane closure requests. Inspected minor concrete structures. SWPPP inspections and visual monitoring of project during rain events. Prepared and processed Electronic Progress Pay Estimates. Reviewed and inputted EWB’s (Extra Work Bills) on CT web-based system. Documentation included cost breakdown, labor and equipment charges, mark- ups specified in the special provisions or Standard Specifications. Documentation Control; Maintained and Updated the Project Records, Submittal, RFI, Survey and Correspondence electronically. Processed the WSWD, Weekly Status Reports, and EEO Interviews.

City of Laguna Hills – La Paz Road Widening / Interstate 5 Interchange Construction Inspector. This $4.2 million project involved a roadway widening of La Paz Road from Muirlands Boulevard to Cabot Road. This segment runs under I-5, so the project was constructed to Caltrans standards under a permit from the State. The project provided a dedicated right turn lane into the northbound loop onramp to I-5 and it widened the southbound off ramp. The work included three retaining walls, a tie-back wall under I-5, and modifications to the drainage systems throughout the project area, HMA paving, earthwork, landscaping, irrigation, traffic signal and fiber optic modifications, signage and striping.

Duties included construction inspection of wall structures and utilities; write daily diaries documenting field operations; ensure Contractor’s compliance with Encroachment Permits; document quantities of work completed for payment; coordinate work with Agency/Owner, Design Engineer, Contractors; inspect materials and workmanship of the Contractor’s work to ensure compliance with applicable plans, specifications, and contractual requirements; review, monitor, and document Contractor’s site safety practices for compliance with contract documents and submitted safety plan; coordinate materials testing to ensure compliance; provide general assistance to the Agency/Owner as needed.

SUBMITTED BY
H.W. Lochner, Inc.
333 S. Anita Drive, Suite 800
Orange, CA 92868
Contact: Zachary Wheeler, PE | 540.239.2527
X25565

Black Gold Golf Course - Storm Drain Improvement Project

COMPENSATION/PAYMENT SCHEDULE

COMPENSATION/PAYMENT SCHEDULE
We have provided our cost proposal in the required format below. *This proposal provides for 160 days of Construction Activity and an additional 20 days for Pre and PostConstruction activities. Any days beyond this time would be an additional cost. ** Other Direct Costs allowance accounts for on-site mileage at the current IRS reimbursement rate and any material costs for reproduction of outreach flyers or drawings. Per the contract these will be passed through at cost. Includes Materials Testing costs for Sub-Consultant (Ninyo & Moore). ***Rates based on Construction Manager Part-Time (20 Hours/Week), Construction Inspector Full-Time (40 Hours/Week) for Pre-Construction, Construction, Post-Construction phases. **** These rates are valid through the end of 2025. New rates would be in effect as of January 2026 at approximately a 5% - 10% increase at 2026 rates.
*****Overtime hours and weekends will be billed at time and a half. Holiday hours will be billed at double time if needed.

Principal In
Charge
Senior
Construction
Manager
Office Engineer
/ Resident
Engineer RTEA
Inspector
Admin /
Document
Control
Hourly Rates (Fully Burdened) $330.00 $230.00 $200.00 $175.00 $125.00 Project Coordination and Correspondence 5 10 8 8 31 $6,950.00 $6,950.00 Material & Shop Drawing Submittals 8 24 10 8 4 54 $12,060.00 $12,060.00 PCS Implementation 10 16 26 $4,300.00 $4,300.00
Preconstruction Meeting 2 4 2 2 10 $2,330.00 $2,330.00
SUBTOTAL 15 48 20 18 20 121 $25,640.00 $25,640.00
Management - Schedule and Reports 40 397 20 10 467 $1,000.00 $111,260.00 $111,260.00 Construction Inspection Services 20 40 1130 40 1230 $2,000.00 $217,350.00 $217,350.00 Weekly Progress Meetings 8 40 40 40 128 $26,840.00 $26,840.00 Agency Coordination 30 5 35 $7,775.00 $7,775.00
Progress Payments & Change Orders 40 20 60 $12,700.00 $12,700.00 Community Outreach (Up to 8 meetings) 24 10 34 $100.00 $7,370.00 $7,370.00 SWPPP BMPS 20 10 26 56 $11,150.00 $11,150.00
Requests For Information (RFI's) 5 20 6 31 $7,300.00 $7,300.00 Materials Testing & Coordination 16 10 26 $40,000.00 $45,430.00 $45,430.00 SUBTOTAL 53 607 110 1257 40 2188 $43,100.00 $447,175.00 $447,175.00 Records, Payment Releases, Manuals 4 25 5 5 8 47 $9,945.00 $9,945.00 Punch List and Final Inspection 20 5 40 8 73 $70.00 $13,670.00 $13,670.00 Final Reports-RedLines, Materials Testing 4 20 5 29 $2,000.00 $8,795.00 $8,795.00 SUBTOTAL 8 65 10 50 16 149 $2,070.00 $32,410.00 $32,410.00 TOTAL BASE SERVICES 76 720 140 1325 76 2458 $45,170.00 $505,225.00 $505,225.00 NTE Total Hours Lochner
Total

BASE SERVICES
TASK 1: PRECONSTRUCTION
TASK 2: CONSTRUCTION
TASK 3: POST CONSTRUCTION / CLOSE OUT

FEE PROPOSAL
City of Yorba Linda
Construction Management, Materials Testing, and Inspection Services for Black Gold Golf Course - Storm Drain Improvement Project.

PROJECT TEAM
TOTAL
H.W. Lochner, Inc. (Lochner)
Other Direct
Costs
(Mileage,
Supplies,
Materials
Testing)

Contract
Services
Agreement

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 1
Project Name/No.: BLACK GOLD GOLF COURSE
STORM DRAIN REPAIR PROJECT Contract No.: _______
Dept./Contract Rep: PW / Rick Yee Approved: ______

CONTRACT SERVICES AGREEMENT
«Contract_Title»
THIS CONTRACT 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 Big Ben, Inc. an Incorporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

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

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

SECTION 1. SERVICES.

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

1.2 Term of Services. The term of this Agreement shall begin on September 16, 2025. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator.

The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 2
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein.

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

Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 3
sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

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

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 4
during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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

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

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 5

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

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

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Two Million Four Hundred Sixty-eight Thousand One Hundred and Sixtyfour Dollars and Ten cents ($2,468,164.10) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 6
equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 7

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

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

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

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

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 8
be approved in advance by the Contract Administrator, in his or her sole discretion.

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 9
b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection

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

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 10
the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

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

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

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

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

Contractor Initial: _______

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 11
aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 12
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Black Gold Golf Course Storm Drain Repair Project. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 13
insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 14

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

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

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

SECTION 5. INDEMNIFICATION.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 15
of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 16
the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 17
operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 18
apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 19
and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

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

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

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

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

SECTION 8. TERMINATION AND MODIFICATION.

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 20

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

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

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

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 21
Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 22
SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 23
shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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

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

Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 24
such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 25
representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Sep Sharifi, CEO (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

Big Ben, Inc.

Attn: Sep Sharifi
4790 Irvine Blvd, #105-404
Irvine, CA 92620
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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 26
Attn: Rick Yee, Deputy Director of Public Works/Assistant City Engineer
with a copy to:

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

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

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

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 27
but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

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

2905/009410-1001
19412635.3 a09/29/25
Contract Services Agreement | 28
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF YORBA LINDA
Dated: By:

MARK A. PULONE

CITY MANAGER
_____________________________
Sunny Han
Finance Director
ATTEST: CONTRACTOR: BIG BEN, INC.

By:

Marcia Brown (Print)
City Clerk
(Signature)
APPROVED AS TO FORM:

RUTAN & TUCKER LLP Title: ____________________________
Dated:

Todd Litfin
City Attorney
By:
(Print)

(Signature)
Title: ____________________________
Dated:

NOTE: ALL SIGNATURES OF “CONTRACTOR MUST BE NOTARIZED. (IF CORPORATION, TWO NOTARIZED SIGNATURES – PRESIDENT OR VICE PRESIDENT AND SECRETARY –

AND CORPORATE SEAL OF CONTRACTOR REQUIRED)

2905/009410-1001
19412635.3 a09/29/25

EXHIBIT A

EXHIBIT A

SCOPE OF SERVICES
Services shall include Black Gold Golf Course Storm Drain Repair services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed exceed Two Million Four Hundred Sixty-eight Thousand One Hundred and Sixty-four Dollars and Ten cents ($2,468,164.10) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
[ATTACH BID PACKAGE / SCOPE OF WORK]

882/026150-0001
6349698.3 a10/01/25

INTRAFUND TRANSFER LOAN AGREEMENT
THIS INTRAFUND TRANSFER LOAN AGREEMENT (“Agreement”) is made and entered into as of this 7th day of October, 2025 (the “Effective Date”), by and between City of Yorba Linda Master Plan of Drainage Fund – Watershed 1 (“Borrower”) and the City of Yorba Linda Master Plan of Drainage Fund – Watershed 2 (“Lender”). Lender agrees to lend to Borrower, and Borrower agrees to repay to Lender an amount not to exceed the Principal Amount and interest accrued on the unpaid loan balance, in accordance with the following:

R E C I T A L S
A. The City established a Master Plan of Drainage Fund which is further separated into ten (10) geographic watersheds where upon development impact fees are collected and deposited into the respective watersheds where developments are occurring.

B. The City has identified a need to pursue the repair of damaged storm drain pipe at the Black Gold Golf Course that resides in Watershed 1.

C. The cost to complete the Black Gold Golf Course storm drain repair will exceed the available funds in Master Plan of Drainage Fund Watershed 1 by the amount of One Million Five Hundred Twenty Two Thousand Five Hundred and Sixty Four Dollars and 47 cents ($1,522,564.47).

D. Sufficient funds are available in Master Plan of Drainage Fund Watershed 2 to fund the outstanding amount required to complete the Black Gold Golf Course storm drain repair.

A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and the mutual covenants and promises hereinafter contained, APUA and the City agree as follows:

1. Purpose of the Loan: To provide funds for use by Borrower or its designee, to fund the Black Gold Strom Drain Project residing in Watershed 1. The loan shall account for borrowing between the Master Plan of Drainage Fund - Watershed 1 and 2 and shall not be available for appropriation or be considered revenue to the Borrower.

2. Principal Loan Amount: Loan amount shall not exceed One Million Five Hundred Twenty Two Thousand Five Hundred and Sixty Four Dollars and 47 cents ($1,522,564.47). The loan shall be recorded as receivable to the Lender and payable to the Borrower.

3. Term of Loan: The term of this loan shall begin on November 1, 2025 and the outstanding balance is to be repaid by November 1, 2055.

882/026150-0001
6349698.3 a10/01/25 -2-

4. Scheduled Payments: Commencing on November 1, 2026 and on the first day of each November for the next 30 years, the Master Plan of Drainage Fund – Watershed 1 shall repay the principal and interest to the Master Plan of Drainage Fund – Watershed 2 pursuant to interest rate below in Section 5 and as specified in the amortization schedule attached as Exhibit A.

5. Rate of Interest: Interest shall accrue monthly on the outstanding loan balance based on a 15 year average of the State of California’s Local Agency Investment Fund (LAIF) Pooled Money Investment Account Average Annual Yield of one and twenty five hundredths percent (1.25%). Loan interest will be recorded as revenue to the Lender and the expenditure to the Borrower.

6. Repayment Source: Future Master Plan of Drainage Impact Fees are anticipated to be received for future Watershed 1 development sites.

7. Prepayment: Borrower has the right to prepay any portion of the outstanding loan amount at any time. If prepayments are made against the principal loan amount, the monthly amortized repayment amount will be recalculated to reflect the revised outstanding loan amount.

8. General Provisions: This Agreement constitutes the full Agreement by and between the Master Plan of Drainage Funds for Watershed 1 and Watershed 2 and no other representations have been made regarding the contents of this Agreement. This Agreement shall not be amended, modified, or altered in any respect unless such amendment, modification, or alteration has been reduced to writing and executed by both parties. [end – signature page follows]