Fountain Valley City Council
May 17, 2022

FIRM QUALIFICATIONS
A. OVERVIEW
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

IN-HOUSE SERVICES
Our in-house capabilities will satisfy all the requirements requested in the Scope of Services of the RFQ and more. Over the years our team has assisted public entities on projects ranging from ADA sidewalk, ramp, and curb assignments to new construction of public facilities. Our services on these assignments can range from compaction testing of soils/asphalt, concrete sampling, offsite batch plant inspection. Below is a brief list of our capabilities:

Experienced & Certified
Personnel
• American Welding Society (AWS)
• International Code Council (ICC)
• American Concrete Institute
(ACI)
• Division of State Architect (DSA)
• California Department of
Transportation (Caltrans)
• Office of Statewide Health
Planning and Development
(OSHPD)
• City of Los Angeles (LADBS)
Accredited Laboratories
• AASHTO Materials Reference
Laboratory (AMRL)
• California Department of
Transportation (Caltrans)
• Cement and Concrete Reference
Laboratory (CCRL)
• Office of Statewide Health Planning
and Development (OSHPD)
• Department of State Architect (DSA)
• City of Los Angeles (LADBS)
• City of San Diego
Specialty Services
• Ground Penetrating Radar (GPR)
• Floor Flatness/Levelness Testing
• Gamma Gamma
• Vibration Monitoring
• Building Envelope Services
• Water Penetration Testing
• Fiber Reinforced Plastic Testing
Geotechnical Services:
• Geotechnical Engineering
• Engineering Geology
• Earthquake Fault Evaluations
• Field Exploration
• Seismic Hazard Evaluation
• Soil Improvement
• Pavement Design
• Emergency/Disaster Response
• Forensic Geotechnical Assessments
• Grading Observation and Testing
• Soils/Asphalt Compaction Testing
• Settlement Monitoring
We maintain a 10,000 square foot comprehensive laboratory located in Rancho Cucamonga with additional resources in our Northern California, Las Vegas, and Phoenix facilities for any specialty testing that may come up. Our laboratories are fully equipped to perform all testing on concrete, masonry, aggregate, bituminous pavement, structural and reinforcing steel, fireproofing, non-destructive structural steel welding, and soil. All our laboratories comply with the requirements for laboratory facilities detailed in ASTM E-329.

SOILS TESTING
Our soils testing services include
but are not limited to:
• Field In-Place Density Tests
• Proof Rolling Observation
• Review Soil Over-Excavations
• Maximum Dry Density
• Optimum Moisture Content
• Expansion Index Tests
• Direct Shear Tests
• Sieve Analysis
• Corrosion Testing
• Plasticity Indices
Fenagh LLC dba Fenagh Engineering & Testing (Fenagh) was formed in 2014 as a response to meet clients’ universal need for a responsive engineering and inspection consultant and the sister company of Construction Testing Services (CTS).

MATERIALS TESTING
Our materials testing services include
but are not limited to:
• Aggregates/Soils
• Asphaltic Concrete
• Bituminous Materials
• Fireproofing
• Shotcrete
• Concrete
• Roofing
• Reinforcing Steel
• Prestressed Steel Tendons
• Concrete Masonry Units
• Welder and Procedure Qualification
Inspection Services
• Soils/Asphalt Compaction Testing
• Reinforced Concrete
• Batch Plant
• Shotcrete
• Masonry
• Structural Steel Field Welding
• Structural Steel Shop Fabrication
• Mechanical/Electrical/Plumbing
• High-Strength Bolting
• Non-Destructive Testing
• Proofload Testing
• Anchor/Dowel Installation

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Bruce Tie, P.E. | Principal Engineer (Day-to-day management) It will be Bruce’s responsibility to ensure compliance with project documents governing standard codes, as well as all applicable regulations. He will maintain a productive working relationship with City representatives, and the engineering and construction teams. He will review all laboratory testing procedures, test results, and daily reports prior to distribution. In addition to the management duties and responsibilities, Bruce will coordinate the scheduling of personnel to each project site.

Brad Quon, R.C.E., G.E. |Assigned Role: Geotechnical Engineer of Record As the Geotechnical Engineer, Brad will provide technical and managerial oversight to the geotechnical observation, testing and inspection related aspects of the CIP projects Fenagh is assigned to. He will also provide as-needed geotechnical engineering interpretation of the Project Specifications and Geotechnical Investigation Report as well as technical review and consultation regarding soil conditions encountered during grading. He will be responsible for final determination of the adequacy of the site soils and preparation of the final compaction reports.

Martin B. Lowenthal | Regional VP/Project Executive (Contract management contact) Martin will be responsible for the overall performance of this contract and is authorized to sign an agreement with the City. He will ensure that the City receives the level of service and commitment by our contract management, engineering, and field support teams. Martin will direct project management responsibilities for carrying out the daily direct support on each project. He will be reviewing all project specific budgets on a monthly basis and monitor them on a regular basis to identify cost impact issues as they arise. The project budget update reports will identify each scope and be included with each invoice.

Kevin Ramirez | Project Assistant
Kevin will be working alongside Martin to ensure that the City and Fenagh reach an agreement that is acceptable to both parties. He will communicate directly with the City should any situations beyond our control cause additional impact on the cost structure of a particular assignment. He will be an additional contact during this proposal process and will periodically meet with City representatives to ensure that all services are delivered in a timely and cost effective manner.

John Thune II | Field Services and Laboratory Manager
John will work functionally and operationally to City Representatives. He will communicate directly with field staff and Bruce to proactively monitor each project and ensure services are provided in a timely manner. He is responsible for all aspects of materials testing and inspection services, in the field and in the laboratory. His duties and responsibilities include, but are not necessarily limited to:
• Logging of the samples that are brought to our laboratory. • Assure that all the laboratory testing and sampling are conducted in compliance with the appropriate test methods as recommended in the project plans and specifications.

Nominated Field Team | Edgar Robles, David King, and Rob Aumuller Work performed by Fenagh’s Field Team on this contract will be in accordance with the requirements of the specific project plans and specifications and accepted standard test methods and procedures. Duties and responsibilities include, but are not limited to:
• Checking engineering plans and specifications and providing observation pertaining to the materials testing aspects for the project.
• Testing designated construction materials for compliance with project plans and specifications. Reporting all work observed and reporting materials tests results immediately upon completion of testing. • Promptly preparing and submitting written reports documenting all materials testing and inspection services performed.

FIRM QUALIFICATIONS
B. KEY PERSONNEL

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

FIRM QUALIFICATIONS
C. ORGANIZATIONAL CHART
Martin B. Lowenthal
Regional VP
Kevin Ramirez
Project Assistant
Bruce Tie, P.E.

Principal Engineer
Additional Licensed Engineers
John Thune II
Field/Laboratory Manager
Laboratory Technicians
Nominated Inspectors and
Technicians
Edgar Robles
David King
Rob Aumuller
100+ Additional Inspectors
and Technicians Available
for Support
Project Management
Engineering Team
Laboratory Team
Field Team
Brad Quon, G.E.

Geotechnical Engineer

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 40 Years
MARTIN B. LOWENTHAL PROJECT EXECUTIVE/REGIONAL VP
Education: BS, Marketing, Fairleigh Dickinson University, Teaneck, New Jersey Affiliations:
• American Concrete Institute
• American Society for NDT
• Construction Specification
Institute
Professional Summary
Martin B. Lowenthal has 40 years of experience managing construction materials engineering, testing and inspection service, including the direct oversight of large groups of engineering professionals and technical support staff throughout the country. He has served public and private educational institutions on a diverse mix of new construction, seismic improvement, and tenant improvement projects. Martin has managed both small and large task order assignments with the same level of commitment and attention to detail as he has developed an advanced understanding of the unique project management needs of different project types. Martin is responsible for the project management, contractual administration, and business development in the Southern California region.

The list below represents a partial listing of relevant and similar project experience that Martin has managed in Southern California.
• Municipal Water District of Orange County - MWDOC Admin Building Seismic Retrofit • Orange County Public Works – Annual as Needed Materials Testing & Inspection • County of Los Angeles - Rancho Los Amigos Patient Lifts Project • City of Santa Ana – Annual as Needed Materials Testing & Inspection • City of Anaheim – Annual as Needed Professional Services • City of Fontana – Annual as Needed Materials Testing & Inspection • City of Brea – Annual as Needed Materials Testing & Inspection • City of Santa Monica – Annual as Needed Materials Testing & Inspection • City of San Marcos – Annual as Needed Materials Testing & Inspection • City of Pomona – Annual as Needed Materials Testing & Inspection • Los Angeles Unified School District – Annual as Needed Professional Services • San Diego Unified School District – Annual as Needed Materials Testing & Inspection • Irvine Unified School District – Annual as Needed Materials Testing & Inspection • Moreno Valley Unified School District – Annual as Needed Materials Testing & Inspection • Carlsbad Unified School District – Annual as Needed Materials Testing & Inspection • University of California, Los Angeles – As Needed Materials Testing and Inspection Services • University of California, San Diego - As Needed Materials Testing & Inspection • Los Angeles Community College District – As Needed Materials Testing & Inspection • California State University, San Bernardino - As Needed Materials Testing & Inspection • Grossmont College – As Needed Materials Testing & Inspection • South Orange County Community College District – As Needed Professional Services • Los Robles Medical Center – Various Projects
• Riverside Community Hospital – Various Projects
• Mountains Community Hospital – Various Projects
• Los Angeles Dept Water & Power – Annual Professional Services • San Diego Gas & Electric – Annual as Needed Services Contract • American Societ of Foundation Engineers
• American Nuclear Society
• American Society for Quality

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 6 Years

KEVIN RAMIREZ PROJECT ASSISTANT
Education: BS, Marketing, California State Polytechnic University, Pomona Affiliations:
• Construction Management Association of America (CMAA) • Urban Land Institute (ULI)
• Business Development Association (BDA) IE Division
Professional Summary
Kevin Ramirez has 6 years of experience in the Construction Materials Testing and Inspection Industry. He has been involved in working directly with owners, developers, school districts, and municipalities to ensure project agreements and the timely performance of services.

Select Related Project Experience:
• Municipal Water District of Orange County - MWDOC Admin Building Seismic Retrofit • Orange County Public Works – Annual as Needed Materials Testing & Inspection • County of Los Angeles - Rancho Los Amigos Patient Lifts Project • City of Santa Ana – Annual as Needed Materials Testing & Inspection Services • City of Fontana – Annual as Needed Materials Testing & Inspection • City of Brea – Annual as Needed Materials Testing & Inspection • City of Santa Monica – Annual as Needed Materials Testing & Inspection • Irvine Unified School District – Annual as Needed Materials Testing & Inspection • Los Angeles Unified School District - Annual as Needed Materials Testing & Inspection • San Bernardino City Unified School District – Annual as Needed Materials Testing & Inspection • Centralia School District – Annual as Needed Materials Testing & Inspection • Moreno Valley Unified School District - As Needed Geotechnical, Materials Testing & Inspection • Morongo Unified School District - As Needed Geotechnical, Materials Testing & Inspection • Cucamonga School District - As Needed Materials Testing & Inspection • Colton Joint Unified School District - As Needed Materials Testing & Inspection • Corona-Norco Unified School District - As Needed Materials Testing & Inspection • University of California, Los Angeles (UCLA) – As Needed Materials Testing & Inspection • South Orange County Community College District– As Needed Professional Services • Los Angeles Community College District – As Needed Materials Testing & Inspection • University of La Verne - As Needed Materials Testing & Inspection • California State University, San Bernardino - As Needed Materials Testing & Inspection • Antelope Valley Community College District - As Needed Geotechnical, Materials Testing & Inspection • Riverside Community College District - As Needed Materials Testing & Inspection • Los Robles Medical Center – Various Projects
• Riverside Community Hospital – Various Projects
• Mountains Community Hospital – Various Projects
• Redlands Community Hospital – Various Projects
• St. John Health Center – Various Projects

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 20 Years
BRUCE TIE, P.E. PRINCIPAL ENGINEER
Education: BS, Petroleum Engineering, University of Oklahoma, Norman, Oklahoma 1997 Licenses & Certifications:
• ICC Steel & Bolting
• ICC Structural Welding
• LADBS Grading Inspector
• Radiation Safety Officer
Professional Summary
Mr. Tie has over 20 years of experience in engineering, construction, and materials testing. This experience has provided Bruce with technical knowledge of unusual field conditions and the capability to troubleshoot and value engineer our client’s projects. In addition, Bruce is familiar with underground construction techniques, concrete and soil properties. As a senior project manager, he is responsible for ensuring field operations and laboratory testing are completed in a timely and professional manner.

Select Project Experience
Barton Park Improvements, Anaheim, CA
Completion Date: 2019
Owner: City of Anaheim
Brief Description: This project includes a complete renovation of Barton Park including a new restroom facility, drinking fountains, picnic tables, field improvements, running/walking path, and exercise stations. Existing field was demolished and base materials were compacted using existing and import soil. New AC paving was inspected and tested for the new track surface and concrete placement and sampling on the picnic and restroom areas. Bruce was project manager for this City of Anaheim project working under the on-call agreement with the City. He was responsible for field coordination, invoicing, weekly meetings, budgeting, and laboratory result distribution. Bruce also performed field inspections for compaction testing.

Amethyst Pump Station, Victorville, CA
Completion Date: 2019-2020
Owner: City of Victorville
Brief Description: For this City of Victorville Public Works project, construction of a new water pumping station on existing pump station site. New structure and upgrades included new water lines to be re-routed, new steel framed masonry building, and electrical upgrades and improvements.

UD #50, Anaheim, CA
Completion Date: 2018-2019
Owner: City of Anaheim
Brief Description: As a function of our on-call agreement with the City of Anaheim, an underground utility enhancement for 20-year fiber optic upgrade by which Fenagh performed inspections and material testing on behalf of the city for roughly 5 miles of new fiber-optic lines. After new lines were installed, we tested the new street with upgraded rehabilitations which included compaction of subgrade, baserock, and AC paving to complete each street section.Bruce was project manager for this City of Anaheim project working under the oncall agreement with the City. He was responsible for field coordination, invoicing, weekly meetings, budgeting, and laboratory result distribution. Bruce also performed field inspections for compaction testing. • ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
• Dipstick Certification, FF/FL Values
• Professional Civil Engineer, California No. 72217

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
BRUCE TIE, P.E. PRINCIPAL ENGINEER
State College & La Palma Street Widening, Anaheim, CA
Completion Date: 2019
Owner: City of Anaheim
Brief Description: This project consisted of asphalt concrete pavement, sidewalks, ADA access ramps, curb and gutter, driveway approaches, concrete bus pad, stamped concrete raised medians, slump stone wall, concrete slough wall, and storm drain improvements at the intersection of State College and La Palma in the city of Anaheim. This project was funded by OCTA and the City of Anaheim, both Caltrans and City of Anaheim’s QAP standards were followed for the inspection and testing procedures. Bruce was project manager for this City of Anaheim project working under the on-call agreement with the City. He was responsible for field coordination, invoicing, weekly meetings, budgeting, and laboratory result distribution. Bruce also performed field inspections for compaction testing.

Other Projects/Cities Served Under Fenagh:

City of Norco
City of Glendora
City of Glendale
City of Montclair
City of San Diego
City of San Bernardino

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 16 Years
BRADFORD QUON, G.E. GEOTECHNICAL ENGINEER OF RECORD
Education: BS, Civil Engineering, University of the Pacific, Stockton, 1998 Professional Summary
Brad has more than 16 years of experience performing geotechnical engineering design and construction services for public works infrastructure related construction, including levees and flood control projects. His role on these has included performing field explorations, laboratory testing of soils, geotechnical engineering analysis (i.e. slope stability and seepage analyses using Geo-Slope software), and report preparation for over 250 projects. He has observed and inspected the geotechnical aspects of numerous projects during construction including roles as field technician, project engineer, resident engineer, and geotechnical engineer-of-record.

Select Project Experience:

City of Anaheim
On-Call Special Inspections and Material Testing
Brad is the Geotechnical Engineer of Record for various projects working under the on-call agreement with the City. He is responsible for retaining the GEOR scope of work which included RFI responses, reviewing soil reports, and overseeing laboratory testing results.

City of Fremont
On-Call Special Inspections and Material Testing
Brad has provided engineering services and oversight for various roadway projects including Bay Street Streetscape, Citywide Intersection Ramps and G, I, J Streetscape projects. His role included reviewing all AC tests for conformance with Caltrans standards and plans and specifications and preparation of summary of all results.

The new street improvements on Bay Street involved removing utility poles and relocating overhead utilities lines underground as well as widening sidewalks, adding new curbs, and resurfacing the street pavement.

City of Vallejo
On-Call Contract - Bus Maintenance Facility Improvement, Citywide Overlay, and Lemon Street Rehab Brad provided oversight of the onsite inspection team performing materials testing and observation services for the Bus Maintenance Facility Improvement. The project involved the repair and rehabilitation of the yard and parking facility and included installation of a new bus wash and replacement of heavy duty equipment, removal and replacement of existing asphalt concrete pavement and addition of handicap curb ramps and sidewalk repair.

Brad was also a project engineer for the City’s Citywide Overlay and Lemon Street Rehabilitation, also performed under the on-call contract to provide material testing and special inspections.

Licenses & Certifications:
• ICC Soils
• ACI Aggregate Testing Technician – Level 1
• ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
• Geopier Soil Reinforcement Technical Training
• U.S. Army Corps of Engineers Contractor Quality Control • Geotechnical Engineer, State of California, No.2841
• Professional Civil Engineer, State of California, No. C62900 • Professional Civil Engineer, State of Nevada No.018589

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
BRADFORD QUON, G.E. GEOTECHNICAL ENGINEER OF RECORD
City of Sunnyvale
Sunnyvale Downtown Bridge Rehab
Brad served senior project engineer for this $22.3 million project in which our team provided QA/verification services for special inspections as a member of PSC’s QA services team. Special inspections involved welding, concrete, soil and NDT testing. The project will widen the bridge and approaches to provide standard lane, shoulder, and ramp widths; rebuild the off-ramp to a standard configuration, providing access to both Eastand West-bound Evelyn; and improve curbs/barriers, sidewalks and pedestrian ramps to meet all accessibility requirements. Brad’s role includes reviewing all reports for compliance with the project’s plans and specifications and all applicable ASTM and Caltrans construction code.

City of San Mateo
Street Rehabilitation at Various Locations on Federal Aid Routes Brad is project manager and geotechnical engineer for the first two projects under this on-call contract. For the federally funded, 3-phase 2010 Street Resurfacing project and 2011 Sidewalk project, Performing testing and inspection at various locations on federal aid routes throughout the City. Services involve performing sampling of material from the plant including asphalt concrete and other material as necessary for grading, paving, concrete work and other related projects. Brad’s role includes reviewing all reports for compliance with the project’s plans and specifications and all applicable ASTM and Caltrans construction code.

City of Berkeley
On-Call Engineering Contract
Brad worked closely with the project engineer from the City on the Facilities Maintenance Building Geotechnical Investigation, one of the projects under the on-call contract with the city to provide engineering, special inspections, materials testing and building inspection for various project types, including civic facilities and roadway improvement projects. As senior engineer, Brad provided oversight of the onsite soils and asphalt technicians for the pavement investigations rehabilitations on City-wide streets, 2008-2012. All projects went to construction under federal aid stimulus funds. Brad has been project engineer for both University Paving Phase 3 and 830 University Ave Investigation for which we providing soil and AC compaction tests as well soils investigation and CDBG upgrade. He is currently providing engineering services for the Subsurface Soil Investigation and Testing Services for the West Street Pavement. On all investigation projects, Brad works closely with the city’s project engineer.

City of Sacramento
Department of Transportation, Material Sampling and Testing Services On-Call - Federal Projects Brad is the senior project engineer for all projects under this on-call contract, including the $1.2M 4th and I Street Modification for which we performed compaction testing per Caltrans Test Methods (CTM). The project consists of improvements to the intersection of 4th Street at I Street and improvements to the Amtrak Railroad Station Parking lot, including installation of a traffic signal at 4th Street at I Street, constructing new parking lot sections adjacent to I Street, constructing new drainage utilities, constructing new curbs gutters and sidewalks, pavement rehabilitations, landscaping, and street lighting improvements. We performed testing and inspection of soils, concrete and asphalt, coordinating all aspects of project material sampling and testing per the specific plans and specifications for each federally funded project and the City’s Construction Quality Assurance Program (QAP).

Other Projects/Cities Served Under Fenagh:
• City of Norco
• City of Glendora
• City of Glendale
• City of Montclair
• City of San Diego
• City of San Bernardino
• City of Dublin
• City/County of Sacramento

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 30 Years

JOHN THUNE II FIELD AND LABORATORY SERVICES MANAGER
Education: BS, Communications, James Madison University Licenses & Certifications:
• ICC Soils
• ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
Professional Summary
John Thune II has over 30 years of experience in the construction related trades ranging from laboratory and field testing, special inspection, quality assurance/quality control (QA/QC) and design services to numerous projects throughout California. He has worked on a variety of projects including airports, roadway and freeway improvements, emergency road repairs, and numerous other public projects. John has served as lead field tech for numerous on-call materials testing and inspection projects for numerous cities and agencies throughout southern California. He has extensive experience with the laboratory testing and/or characterization of construction materials which include but not limited to: concrete, asphalt, aggregates, and soils. John has in-depth knowledge of standard test methods published by ASTM, AASHTO and Caltrans that pertain to the testing and characterization of various construction materials.

Select Project Experience
Montebello Street Rehab, Montebello, CA
Rehabilitation of roads in Montebello to improve road and drive conditions on Frankel Avenue between 5th Street and Bluff Road, 16th street between Harding way and Madison Ave. Existing asphalt was removed during grind operation and was over laid with hot mix asphalt, provided by Vulcan materials. Contractor conducted grinding and resurfacing of asphalt. During placement, John ensured asphalt was placed, compacted and tested to City of Montebello standards and specifications.

Green Leaf Avenue Street Improvement, Santa Fe Springs, CA This street improvement project consisted of pulverizing existing road bed and mixing in Cal Portland Cement to have a cement treated base (CTB) road way. Contractor pulverized, mixed in cement, graded and compacted CTB.

During pulverization and cement mixing of road bed, a 6.5% cement content was placed to meet specifications for required cement content in CTB. Cement type placed was II/V. Compaction of CTB was tested and once passed, compaction of hot mix asphalt was placed to complete street improvements. John was lead field technician for this project.

Glad Stone Street & Juanita Ave Waterline Replacement, Glendora, CA Replacement of water main and water lateral services in the City of Glendora. Waterline system was replaced on Glendora Avenue between Glad Stone Street & Juanita Ave. Contractor performed all necessary water line tests required by City of Glendora water department. Base rock material was used for entire trench backfill. Trench zone on road way was base paved with hot mix asphalt to complete water line system replacement. Mr. Thune performed soils and asphalt compaction on the project.

Other Projects/Cities Served Under Fenagh:
• City of Norco
• City of Glendora
• City of Montclair
• City of San Diego
• City of San Bernardino

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 12 Years

EDGAR ROBLES LEAD FIELD TECHNICIAN
Licenses & Certifications:
• ICC Soils
• ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
Professional Summary
Mr. Robles is a field technician with over 12 years of soils and construction materials testing experience throughout Southern California. He has experience in a variety of construction projects including street construction and rehabilitation, infrastructure improvements, slope repairs, commercial and industrial structural building projects.

His duties include daily interfacing with city inspectors, contractors, and construction managers. He observes and tests subgrade soils, aggregate base rock, trench backfills, asphalt concrete paving, and concrete on a daily basis. He is responsible for insuring construction activities are in compliance with approved project plans and specifications.

As lead field technician, he will be tasked with bulk of City of Fountain Valley Public Works projects.

Select Project Experience
City of Orange, Cambridge Street Sewer Replacement, Orange, CA Completion Date: 2019
Owner: City of Orange
Brief Description: For this sewer replacement project, the contractor removed asphalt concrete and upper 8 feet of soil from previously installed sewage line. This exposed subgrade soils that were then moisture conditioned and compacted. Then placement of approx. 6 inches of crushed miscellaneous base rock in trench to approx. 1” below existing asphalt concrete. Mr. Robles on behalf of Fenagh provided all field inspections including soils and AC placement and testing.

City of Montclair, Orchard Avenue Street Improvement, Montclair, CA Completion Date: 2018
Owner: City of Montclair
Brief Description: This asphalt concrete overlay project located in the City of Montclair needed 3 inches of pavement to be grinded down to make way for the new roadway materials. Edgar was lead field technician for this project including testing of the asphalt.

Barton Park Improvements, Anaheim, CA
Completion Date: 2019
Owner: City of Anaheim
Brief Description: This project includes a complete renovation of Barton Park including a new restroom facility, drinking fountains, picnic tables, field improvements, running/walking path, and exercise stations. Existing field was demolished and base materials were compacted using existing and import soil. New AC paving was inspected and tested for the new track surface and concrete placement and sampling on the picnic and restroom areas. Edgar was lead inspector for this City of Anaheim project.

Other Projects/Cities Served Under Fenagh:
• City of Colton
• City of Glendora
• City of Glendale
• City of San Bernardino
• City of Ontario
• City of Fontana
• City of Montebello

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 41 Years

DAVE KING FIELD TECHNICIAN
Licenses & Certifications:
• ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
Professional Summary
Mr. King has over 41 years’ experience in the special inspections and materials testing field and in the construction industry. His specialty is concrete, soils inspections/observations and earthwork testing as well as inspection and testing of asphalt concrete. His experience includes having provided testing and inspection for several CIP projects for various cities and counties in California.

Select Project Experience
Caltrans District 7, US 101 Carpool Lane Improvement Project, Ventura, CA Completion Date: 2017
Owner: Caltrans
Brief Description: David was the special inspector in the field for this project in which our team provided quality control testing and inspection services along the Ventura Freeway (US 101). Working from our Caltrans-certified mobile lab located onsite, his responsibilities for this project included observation of placement of jointed plain concrete pavement for median and northbound lane 1, casting flex beams, observation of concrete batch plant operations and performing Caltrans PCC testing methods CTM 523 and CTM 524. Mr. King provided all field inspections including soils and AC placement and testing.

Greenback Pedestrian Safety Improvements, Citrus Heights, CA Completion Date: 2018
Owner: City of Richmond
Brief Description: This Greenback Pedestrian Lane Safety Improvement project, which stretches from Mariposa Avenue to Birdcage Street was completed in 2018. The project included the installation of a barrier fence in the medians, re-landscaping of the medians, reconstruction of the existing curb, gutter and sidewalk and installation of ADA curb ramps at each corner. Dave was lead field technician for this project.

Lonetree Way Improvements, Antioch, CA
Completion Date: 2018
Owner: City of Antioch
Brief Description: This project included performing soil compaction testing on finished grade AB, onsite concrete testing, concrete compression tests, compaction curves, R-value, sieve analysis, sand equivalent and durability. Mr.

King performed soils and asphalt compaction on the project.

Other Projects/Cities Served Under Fenagh:
• City of Anaheim
• City of Glendora
• City of Montclair

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Years of Experience: 30 Years

ROB AUMULLER FIELD TECHNICIAN
Licenses & Certifications:
• ICC Soils
• ACI Field Testing Technician, Grade I
• Nuclear Gauge Certified
Professional Summary
John Thune II has over 30 years of experience in the construction related trades ranging from laboratory and field testing, special inspection, quality assurance/quality control (QA/QC) and design services to numerous projects throughout California. He has worked on a variety of projects including airports, roadway and freeway improvements, emergency road repairs, and numerous other public projects. John has served as lead field tech for numerous on-call materials testing and inspection projects for numerous cities and agencies throughout southern California. He has extensive experience with the laboratory testing and/or characterization of construction materials which include but not limited to: concrete, asphalt, aggregates, and soils. John has in-depth knowledge of standard test methods published by ASTM, AASHTO and Caltrans that pertain to the testing and characterization of various construction materials.

Select Project Experience
Norco MDP Storm Drain Project, Norco, CA
Completion Date: 2019
Owner: City of Norco
Brief Description: Project consisted of construction of storm drain improvements including 18” and 24” Reinforced Concrete Pipe (RCP), trench excavation, backfill and street trench repairs, catch basins, inlets, manholes, local depressions, junction and transition structures, and concrete collars that tied into the existing system. Robert was field technician for this project.

Barton Park Improvements, Anaheim, CA
Completion Date: 2019
Owner: City of Anaheim
Brief Description: This project includes a complete renovation of Barton Park including a new restroom facility, drinking fountains, picnic tables, field improvements, running/walking path, and exercise stations. Existing field was demolished and base materials were compacted using existing and import soil. New AC paving was inspected and tested for the new track surface and concrete placement and sampling on the picnic and restroom areas. Mr.

Aumuller was field technician for this City of Anaheim project.

State College & La Palma Street Widening, Anaheim, CA
Completion Date: 2019
Owner: City of Anaheim
Brief Description: This project consisted of asphalt concrete pavement, sidewalks, ADA access ramps, curb and gutter, driveway approaches, concrete bus pad, stamped concrete raised medians, slump stone wall, concrete slough wall, and storm drain improvements at the intersection of State College and La Palma in the city of Anaheim. This project was funded by OCTA and the City of Anaheim, both Caltrans and City of Anaheim’s QAP standards were followed for the inspection and testing procedures.

Other Projects/Cities Served Under Fenagh:
• City of Glendora
• City of Ontario
• City of San Bernardino

FIRM QUALIFICATIONS
D. RESUMES

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

FIRM QUALIFICATIONS
E. CURRENT RELEVANT PROJECTS
Scope of Work: Fenagh is providing all onsite inspections and laboratory testing which included soils proctors, sieve analysis, sand equivalent, AC max density, and AC extraction/gradation.

Scope of Work: Existing field was demolished and base materials were compacted using existing and import soil.

New AC paving was inspected and tested for the new track surface and concrete placement and sampling is taking place on the picnic and restroom areas.

Brief Description: This project consisted of asphalt concrete pavement, sidewalks, ADA access ramps, curb and gutter, driveway approaches, concrete bus pad, stamped concrete raised medians, slump stone wall, concrete slough wall, and storm drain improvements at State College and La Palma Ave in Anaheim.

City Of Anaheim - UD #50
Brief Description: As a function of our on-call agreement with the City of Anaheim, an underground utility enhancement for 20-year fiber optic upgrade by which Fenagh performed inspections and material testing on behalf of the city for roughly 5 miles of new fiber-optic lines.

City Of Anaheim - Barton Park Improvements
Brief Description: The Barton Park project includes a complete renovation of Barton Park including a new restroom facility, drinking fountains, picnic tables, field improvements, running/walking path, and exercise stations.

City Of Glendora - Gladstone Waterline Install
Scope of Work: Fenagh is providing soils, concrete, masonry, welding, and asphalt inspections and testing throughout the project. This project was funded by OCTA and the City of Anaheim, both Caltrans and City of Anaheim’s QAP standards were followed for the inspection and testing procedures.

Scope of Work: Fenagh is currently providing bolting, epoxy, torque testing, field welding, and ultrasonic testing services to the Municipal Water District of Orange County located in Fountain Valley.

Municipal Water District of Orange County - MWDOC Admin Building Seismic Retrofit and TI Brief Description: Fenagh was contracted by the Municipal Water District of Orange County to provide inspection services on the improvements of the MWDOC Administration building including; seismic strengthening of the roofto-wall connections, interior tenant improvement work such as reconfiguring interior rooms, offices, and workspaces.

Scope of Work: Fenagh is providing asphalt/soils compaction testing and concrete sampling. Associated lab testing includes compaction curves per ASTM D1557/1556, moisture content, sieve analysis, sand equivalent, direct shear, atterberg limits, expansion index, hot mix asphalt and concrete compression testing services.

Asplundh Construction - UUAD #4 City of Manhattan Beach Brief Description: Project consists of improvements to underground power, telephone, and cable facilites. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance the surrounding neighborhoods.

FIRM QUALIFICATIONS
F. REFERENCES
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Reference #1:

Chris Lingad, Municipal Water District of Orange County Associate Engineer
18700 Ward Street, Fountain Valley, CA 92708
P: 714-593-5009
E: [email protected]
Project: MWDOC Administration Building - Seismic Retrofit and TI Contract Value: $10,294
Project Dates: October 2020 - April 2021
Description: Fenagh was contracted by the Municipal Water District of Orange County to provide inspection services on the improvements of the MWDOC Administration building including; seismic strengthening of the roof-to-wall connections, interior tenant improvement work such as reconfiguring interior rooms, offices, and workspaces.

Fenagh Key Staff: Martin Lowenthal, Kevin Ramirez (PM), Bruce Tie, Brad Quon, Edgar Robles, and John Thune II
Reference #2:

Brandon Spencer, City of Anaheim
Public Works Inspector
200 S. Anaheim Blvd, Anaheim, CA 92805
P: 714-765-5195
E: [email protected]
Project: UD #50, City of Anaheim
Contract Value: $154,025
Project Dates: 2018-2020
Description: Underground utility enhancement for 20-year fiber optic upgrade by which Fenagh performed inspections and material testing on behalf of the city on a new fiber-optic line project. After new lines were installed, Fenagh tested the new street with upgraded rehabilitations which included compaction of subgrade, baserock, and AC paving to complete each street section.

Fenagh Key Staff: Martin Lowenthal (PM), Kevin Ramirez, Bruce Tie, Brad Quon, Edgar Robles, and John Thune II
Reference #3:

Shah Nawaz, PE, City of Victorville
Associate Civil Engineer
14343 Civic Drive
Victorville, CA 92392
P: 760-2436353
E: [email protected]
Project: Amethyst Pump Station, City of Victorville
Contract Value: $52,962
Project Dates: 2019-2020
Description: The project consisted of construction of a new water pumping station on existing pump station site.

New structure and upgrades included new water lines to be re-routed, new steel framed masonry building, and electrical upgrades and improvements. Fenagh provided all necessary inspections and testing for this project.

Fenagh Key Staff: Martin Lowenthal, Bruce Tie (PM), Brad Quon, Edgar Robles, and John Thune II

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Reference #4:

Mark Verrengia, PE, CCM, City of Anaheim
Construction Manager
200 S. Anaheim Blvd, Anaheim, CA 92805
P: 714-865-4005
E: [email protected]
Project: State College and La Palma Street Widening, City of Anaheim Contract Value: $75,000
Project Dates: 2019
Description: This project consisted of asphalt concrete pavement, sidewalks, ADA access ramps, curb and gutter, driveway approaches, concrete bus pad, stamped concrete raised medians, slump stone wall, concrete slough wall, and storm drain improvements at the intersection of State College and La Palma in the City of Anaheim. This project was funded by OCTA and the City of Anaheim, both Caltrans and City of Anaheim’s QAP standards were followed for the inspection and testing procedures.

Fenagh Key Staff: Martin Lowenthal, Kevin Ramirez, Bruce Tie, Brad Quon, Edgar Robles, John Thune II, and Rob Aumuller
Reference #5:

Ricardo Lopez
1428 N. Lemon Street, Anaheim, CA 92801
P: 562-204-9446
E: [email protected]
Project: Various Roadway and Street Improvement Projects Contract Value: $100,000+
Project Dates: 2019-2021
Description: Over the years, Fenagh has provided as-needed services for various projects through Asplundh Construction. The projects range from street paving and re-surfacing, subgrade improvements, and SCE charging stations. Some of our current projects include:
• UUAD #4 - Manhattan Beach
• 5242 Crown Castle - Anaheim
• SCE Charging Station - Hermosa Beach
• SCE - Los Angeles Frieghtliner
On the projects listed, Fenagh provided Field Technicians for asphalt/soils compaction testing and concrete sampling. Furthermore, we provided all associated lab testing such as compaction curves per ASTM D1557/1556, moisture content, sieve analysis, sand equivalent, direct shear, atterberg limits, expansion index, hot mix asphalt and concrete compression testing services.

Fenagh Key Staff: Martin Lowenthal, Kevin Ramirez, Bruce Tie (PM), Brad Quon, Edgar Robles, John Thune II, and Rob Aumuller

FIRM QUALIFICATIONS
F. REFERENCES

UNDERSTANDING & APPROACH
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
In our experience with City on-call contracts and depending on the current cycle of projects being processed through the City’s CIP list, the prevalent scope of work consists of geotechnical and materials testing services. We have developed task plans for the services and highlighted just a few of the tasks and shall submit a more detailed plan upon award of contract.

PROJECT MANAGEMENT/ENGINEERING TEAM TASKS
• Review pertinent construction documents including specifications and drawings. • Attend pre-construction and on-going construction meetings. • Provide geotechnical studies or undesirable soil condition mitigation. • Schedule as-needed, materials testing and inspection services. • Review and Distribute daily inspection reports and laboratory results/reports. • Upon completion of each project, prepare final documentation of the construction monitoring and testing performed and all testing results suitable for submittal to the City of Fountain Valley.

FIELD STAFF TASKS
• Inspection/testing activities associated with compaction, grading or other similar soils type of work. • Inspect and test possible over-excavation and placement/compaction of fill. • Observe and test sub grade preparation for roadway and driveway pavements. • Prepare daily field reports for signature by the City’s representation and distribution to the project team.

LABORATORY SERVICES
Fenagh recognizes the importance of conducting material analysis according to established standards, and we can ensure that tests conducted in our facility will comply with Caltrans and American Society for Testing and Materials (ASTM) standards. We follow standard test methods, practices, classifications, and specifications adhering to 49 ASTM designation numbers. Reference documents for ASTM standards will be readily available for staff performing work in the laboratory. Laboratory services and materials testing for a typical on-call project may also include:
• Maximum density/optimum moisture determinations of soils/aggregates. • Marshall density testing of asphalt.
• Sieve Analysis/#200 Wash
• Sand Equivalent
• Expansion Index Text
• Bitumen Content
• Extraction/gradation testing of asphalt.
• Compression testing of concrete cylinders.
• Gradation of base material.
• Other testing as required by the City.

All field and laboratory testing are performed under the oversight of our Managing Engineer, Bruce Tie, experienced in geotechnical engineering, earthwork observation, construction inspection, and materials testing.

The geotechnical and materials testing are performed in accordance with applicable Caltrans test methods, ASTM test procedures, California Building Code and the Green Book.

DOCUMENT CONTROL
Copies of inspection and material test reports, as well as the above referenced items, and administrative files will be maintained at Fenagh’s office under the supervision of Bruce Tie, Principal Engineer. Fenagh will provide Daily Field Reports and Table of Compaction Results. Our technicians in the field will prepare a Daily Field Report that provide a summary of their observations related to the progress of the project during the time on-site and a listing of the compaction test results performed on that day. A copy of these reports will be given to the City. Following completion of laboratory testing for acceptance of construction material and review of the test results by Bruce Tie, the results will be transmitted to the City’s Representative electronically in pdf format.

9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

UNDERSTANDING & APPROACH

WEEKLY SUMMARY OF DAILY REPORTS
The Daily Field Reports, Table of Compaction Results and Laboratory Test Results are reviewed by Bruce Tie and a Weekly Summary of these reports along with a copy of each of the daily reports, test summaries and laboratory result will be submitted to the City’s Representative electronically in pdf.

NOTIFICATION OF “NON-COMPLIANT” MATERIALS OR TEST RESULTS When any material or test result does not meet the project requirements as listed in the project specifications or plans, these results will be transmitted to the City’s Representative as soon as practical, verbally first and then following up with a formal report, prepared by our Engineers.

NOTIFICATION OF UNSAFE CONDITIONS
Safety of our staff is paramount and although Fenagh is not responsible for job site safety, when unsafe conditions are observed by our personnel, we will immediately notify the contractor and the City’s Representative either verbally or in writing as appropriate for the site conditions.

REPORTING
We have developed and utilize the state-of-the-art software program, EOLAS, to efficiently administer our materials testing and inspection program. Our field staff are equipped with laptop devices to allow for continual timely communication. This allows for “real time” reporting of results and reports, reviewing drawings and documents, RFI’s, and interacting directly with the design and construction team. Our reporting method consists of EOLAS generated field reports left on site, so that you have the documentation of the testing and inspections performed, or more importantly that you are aware of any non-compliances or problems. Under normal circumstances, the digital report, which has been reviewed by one of our engineers, will be distributed at the end of the week.

PROJECT CONTROLS
Budget Development: We will work closely with City representatives to identify all items that are required to be within Fenagh’s scope for each project and identify potential for value engineering savings. Our budgeting process will include direct conversations with subcontractors to determine the schedule that will be used, number of shifts if any, and the duration of each shift. Fenagh prides itself on leaving no stone unturned in respect to the project budget.

Project Preconstruction Meetings: We will participate in all related preconstruction meetings with all relevant parties to make sure all team members understand the project quality needs and expectations. At these meetings, not only do these communications take place and problems are identified and hopefully resolved prior to them being encountered in the field, but the documentation of the discussions of those problems can go a long way towards resolving a potential problem down the road.

Project Management: Our project management team will work closely with City Representatives and its designated team over the course of each project. Our Project Managers, Field Supervisors and Engineers will attend all preconstruction meetings when requested. They will stay actively involved in all aspects of each assignment daily.

Budget Management: We will review the project budget on a weekly basis. We will issue a budget update report that will identify each scope and be included with each invoice. We will communicate directly with City Representatives should we encounter any issues that may impact the project budget.

QA/QC Personnel Management
To maintain adequate management of on-site personnel and personnel requirements, we shall make sure that our staff immediately upon arrival at the project site each day, shall sign the “Daily Activity Log” if utilized.

Immediately prior to leaving the site, our personnel shall sign out on the same log, again, if utilized.

UNDERSTANDING & APPROACH
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Quality Assurance Program (QAP)
A copy of our written procedures is available upon request. Our QAP is maintained by essentially having all field testing and inspection along with all laboratory testing to be performed under the direct supervision of a registered engineer experienced in materials testing and inspection. The registered engineer has full responsibility for making sure that the requirements of the project plans and specification as well as all agency requirements are fulfilled with respect to all inspection and testing requirements. They will review daily reports as well as make periodic site visits during the construction to verify the contents of the daily report. Our engineers are also in direct supervision of all testing performed in our laboratory.

COMMUNICATION PLAN
Fenagh intends to communicate with City of Fountain Valley personnel on a weekly to bi-weekly basis.

Communication will vary depending on the workload of the City. For example, if Fenagh is servicing a project, we will have daily/constant communication with City personnel for scheduling, reporting, and invoicing. During times where no projects are ongoing, we will continue to check-in with City personnel to ensure that we are available at any moments notice.

We will provide 24-hour access to key personnel to ensure that the City of Fountain Valley receives immediate response to any project or emergency situation. We have identified a chain of command as outlined below, which list the individulas in the order of contact with their office phone, cell phone, and email.

Martin B. Lowenthal, Regional VP/Contracts
Office: 909.587.6374
Cell: 909.264.0591
Email: [email protected]
Kevin Ramirez, Project Manager
Office: 909.587.6374 ext. 5004
Cell: 909.727.1431
Email: [email protected]
Bruce Tie, Principal Engineer
Office: 909.587.6374 ext. 5005
Cell: 909.276.8413
Email: [email protected]
Brad Quon, Geotechnical Engineer
Office: 909.587.6374
Cell: 916.871.2080
Email: [email protected]

ESTIMATED COSTS
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Submitted as a separate file via PlanetBids and labeled “Cost File”

VENDOR FORM & W9
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Vendor Application Form
TYPE OF APPLICANT:       ☒ NEW          ☐ CURRENT VENDOR VENDOR NAME: FENAGH LLC DBA FENAGH ENGINEERING & TESTING PHYSICAL ADDRESS: 9070 CENTER AVENUE, RANCHO CUCAMONGA, CA 91730 REMITTANCE (MAILING) ADDRESS:  3942 VALLEY AVENUE, SUITE A, PLEASANTON, CA 94566 IS YOUR BUSINESS:  (CHECK ONE)
☒ CORPORATION ☐ INDIVIDUAL ☐ PARTNERSHIP
☐ LIMITED LIABILITY PARTNERSHIP ☐ SOLE PROPRIETORSHIP ☐ UNINCORPORATED ASSOCIATION TAX ID NUMBER: 46‐3430564 (FOR INDIVIDUALS, PLEASE PROVIDE SOCIAL SECURITY NUMBER) (XX‐XXXXXXX)
VENDOR CONTACT INFORMATION:

CONTACT: KEVIN RAMIREZ       TITLE: PROJECT/BUSINESS DEVELOPMENT MANAGER PHONE: 909‐587‐6374                                    FAX:  NONE (XXX‐XXX‐XXXX)                                                                   (XXX‐XXX‐XXXX) EMAIL ADDRESS: [email protected]
ATTACHMENTS TO THIS FORM:
 ☒   A CURRENT COMPLETED AND SIGNED W‐9

VENDOR FORM & W9
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com
Fenagh, LLC
✔
3942 Valley Ave, Suite A
Pleasanton, CA 94566
46 3430564
01/25/21

NON-COLLUSION

DECLARATION FORM
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

NON-COLLUSION DECLARATION
The undersigned declares:

I am the_________________ of ________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on _____________ (date) at _______________(city), California.
_____________________________ ____________________________

SIGNATURE TITLE
_______________________
Regional Vice President Fenagh LLC
4/20/2021
Rancho Cucamonga
Martin B. Lowenthal | Regional Vice President

Standard Discounted
* FIELD INSPECTION SERVICES National Code Rate/Hour Rate/Hour Steel Visual Welding $150.00 $92.00
Steel Visual Bolting $150.00 $92.00
Nondestructive - UT, MT, PT $150.00 $92.00
Steel Visual/NDT Combination $150.00 $92.00
Concrete ACI Sampling $150.00 $92.00
Concrete ICC/ACI-II (Rebar/Placement) $150.00 $110.00
Concrete PT $150.00 $140.00
Masonry $150.00 $110.00
Fireproofing (Thickness/Density) $150.00 $92.00
Firestopping/Fire-safing $150.00 $140.00
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) $150.00 $95.00 Asphalt Technician w/Nuclear Gauge (portal-to-portal) $150.00 $95.00 Roofing & Weatherproofing/Waterproofing $150.00 $140.00 Structural Wood Framing $150.00 $140.00
Shotcrete $150.00 $140.00
Fiber Reinforced Concrete (FRP) $150.00 $140.00
Multi-Disciplined Inspector $150.00 $140.00
Specialty Inspector where certification not above is required $150.00 $92.00 Quality Control Manager $155.00 $140.00
ASNT Level III $175.00 $140.00
Laboratory Technician/Sample Runner $150.00 $140.00
Project Coordinator $150.00 $140.00
Technician Typist $150.00 $140.00
**PROFESSIONAL SERVICES
Principal Engineer (Civil/Structural) $325.00 $225.00
Geotechnical Engineer $245.00 $225.00
Consulting Engineer (Envelope) $295.00 $225.00
Associate Engineer, Licensed $225.00 $175.00
Project Manager $225.00 $175.00
Staff Engineer $225.00 $175.00
Field Supervisor $200.00 $165.00

SPECIAL SERVICES
Portable and Mobile Laboratories, Concrete and Soils QOR *** Off-Site Structural Steel or Precast Fabrication $185.00 $150.00 * Epoxy Bolt Proof Load/Pull Testing $135.00 $110.00
* Expansion Anchor Proof Load/Torque Testing $135.00 $110.00 * Coring, 1 Person (including equipment) $325.00 $225.00 * Coring, 2 Persons (including equipment) $425.00 $175.00 Engineering Project Research QOR
Torque Wrench Equipment Fee Per Hour $75.00 $25.00
Nuclear Gauge Testing Fee Per Hour $75.00 $25.00
Skidmore-Wilhelm Equipment Fee Per Hour $75.00 $25.00
Geotechnical Site Investigations/Foundation Reports $7,500.00 $5,000.00 Rebound Hammer, Schmidt Hammer, Windsor Probe - Equipment Fee Per Hour $350.00 $75.00 Floor Flatness Testing FF/FL - (Equipment Fee $100/Hour) $295.00 $80.00 Floor Flatness Testing FF/FL - Report Fee $500.00 $350.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $100/Kit ASTM F1869 $115.00 $80.00 Relative Humidity Testing - ($100/kit) ASTM F2170 $115.00 $80.00 GPR (Ground Penetrating Radar) - Equipment Fee $175/Hour $350.00 $80.00 Concrete Crack Gauge Monitoring $350.00
Building Evelope - Air Leakage Rate by Fan Pressure ASTM E779 $750.00 Water Penetration of Windows, Skylights, Doors and Curtain Walls by Uniform or Cyclic Pressure ASTM E1105 $2,850.00 $2,000.00 Air and Water Infiltration Leakage Testing AMMA 501.2 $2,850.00 $2,000.00 Electronic Leak Detection of Roof (Vector Mapping) QOR
Air Content Test Equipment $100.00 $25.00
Slump & Temperature Equipment $100.00 $25.00
Fireproof Density and Adhesion/Cohesion Inspection Kit $100.00 $25.00 Administration, Accounting, Special Projects, Notary, Certified Payroll $125.00 $45.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) $350.00 $275.00 Welding Procedure Review (less than 48 hours notice - $500) $350.00 $275.00 Welder Qualification Test Record AWS $1,000.00 $750.00
Geotechnical Pad Letter (less than 48 hours notice - $2,000) $1,500.00 $1,000.00 Final Letter (less than 48 hours notice - $2,000) $1,500.00 $1,000.00 Expert Witness Court appearance, per day $2,400.00
FEE SCHEDULE - CITY OF FOUNTAIN VALLEY 04/22/2021

PERSONNEL FEES AND BASIS OF CHARGES

INSPECTIONS, ENGINEERING & SPECIAL SERVICES
* Field inspection services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services and laboratory technician services will be billed at actual time. *** All plant inspections are located within 50 miles of the project location. Steel shops will be AISC certified and concrete plants will be PIC certified. **** Two inspections performed by the same inspector during a site visit will be billed at the combination rate. ***** Three or more inspections performed by the same inspector during a site visit will be billed at the multi-disciplined rate.

INSPECTING

TESTING

ENGINEERING
All fees subject to Basis of Charges Page 472

INSPECTING

TESTING

ENGINEERING

GENERAL
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual commitment:

One-half day or less 4 Hours
Over one-half day 8 Hours
Job Cancel/Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours Reinspection time 1.25 x quoted hourly rate

WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard - (Work performed between 2:00 pm and 4:00 am) 1.5 x quoted hourly rate MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $25.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $5.00 minimum Wireless Router/Data Card for Jobsite Internet $100.00/day Parking Fees At Cost
Air Travel Cost Plus 5%
Outside Services Cost Plus 20%
Per Diem $125.00/day
Mileage Standard Federal Rate
Trip Charge $200/day
Sample Pickup $40.00/Each $15.00/Each
Weekend Sample Pickup $75.00/hour
Project Administration 7% of Monthly Invoice
Samples Made by Others $110 + Test Cost
Laboratory Sample Witness Fee $100.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR Returned Check Fee $100.00
Expedited Dispatch Request (inspections scheduled less than 12 hours notice) 1.5 X quoted hourly rate TESTS

LIMIT OF LIABILITY

INSURANCE

PAYMENT
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by sub consultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.

Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.

The total liability of Fenagh, LLC is limited to the contract dollar value.

For the waiver of subrogation if required by client, a 3% Fenagh administrative fee will be added to all gross billings/revenue in addition to the 3% Project Management fee.

BASIS OF CHARGES
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services other than supervisory will be charged at applicable rates. Whenever project related equipment is required to be transported to and from the jobsite, time and mileage for inspectors/technicians will be billed on a portal-to-portal basis. For engineers, consultants, supervisors, and laboratory technicians traveling to a jobsite, standard federal rate per mile will be charged portal-to-portal for all projects. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Fenagh reserves the right to adjust the rates quoted in this contract based upon any CPI/state mandated increases and/or changes in any industry requirements.

All fees subject to Basis of Charges Page 473

INSPECTING

TESTING

ENGINEERING
Standard Discounted
CONCRETE National Standard Rate/Each Rate/Each
Compressive Strength of Cylindrical Concrete Specimens (6x12) (Beyond Code Required 2 Cylinders) ASTM C39 $55.00 $40.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) (Beyond Code Required 3 Cylinders) ASTM C39 $55.00 $35.00 Compressive Strength of Cylindrical Concrete Specimens (over 3500 psi) ASTM C39 $85.00 $65.00 Compressive Strength of Cylindrical Concrete Specimens (over 6000 psi) ASTM C39 $115.00 $85.00 Cylinder molds. 6” x 12” and 4" x 8" (Per Case) ASTM C470 $60.00 $50.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $65.00 $65.00 Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (cores) ASTM C42 $150.00 $150.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $300.00 $300.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) ASTM C78 $210.00 $210.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage 1 Sample) ASTM C157 $100.00 $100.00 Shotcrete Nozzleman Qualification ACI 506, ASTM C42 and C1140 $300.00 $300.00 Shotcrete Pre-Qualification Cores ACI 506, ASTM C42 and C1140 $75.00 $75.00 Shotcrete Production Cores ASTM C1140 $75.00 $75.00
Coefficient of Thermal Expansion AASHTO T336 $360.00 $360.00 Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $325.00 $275.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $775.00 $675.00 Cement Quality Sampling $585.00 $485.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $50.00 $35.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $250.00 $175.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $260.00 $160.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room $200.00 $100.00 Density of Hydraulic Cement ASTM C188 $260.00 $130.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $200.00 $100.00 GFRC Pull Test PCI $500.00 $260.00
GFRC Flexural Test PCI $500.00 $260.00
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete) ASTM C796 $60.00 $60.00 Petrographic Analysis $3,500.00 $2,500.00

MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $85.00 $65.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $125.00 $100.00 Compressive Strength of Masonry Prisms ASTM C1314 $125.00 $75.00 Testing Concrete Masonry Units and Related Units (Core Compression) CBC 2105A.4 $175.00 $125.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $150.00 $100.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $250.00 $125.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $250.00 $175.00 Masonry Core Shear Testing $250.00 $175.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $400.00 $225.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* ASTM C67 $1,000.00 $700.00 Mortar Molds. 2” x 4”. Single Use $125.00 $85.00
Mortar or Grout, Stored and Cured, Not Tested (including mold) $125.00 $85.00

AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only) ASTM C136 $150.00 $200.00 Sieve Analysis of Fine and Coarse Aggregates (Fine Only) ASTM C136 $200.00 $200.00 Sieve Analysis of Fine and Coarse Aggregates (Wash Included) ASTM C117 $250.00 $250.00 Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only) ASTM C117 $150.00 $150.00 Evaluating Cleanness of Coarse Aggregate $250.00 $250.00 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88 $175.00 $175.00 Unit Weight of Aggregate $125.00 $125.00
Clay Lumps and Friable Particles in Aggregates ASTM C142 $150.00 $150.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 $250.00 $250.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 $225.00 $225.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127 $225.00 $175.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128 $225.00 $175.00 Resistance of Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131 $500.00 $350.00
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821 $250.00 $250.00 Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252/AASHTO T304A $250.00 $250.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419 $175.00 $175.00 Flakiness Index of Coarse Aggregate $175.00 $175.00
Durability Index (Fine) ASTM D3744 $275.00 $275.00
Durability Index (Coarse) ASTM D3744 $275.00 $275.00
Durability Index (Fine and Coarse) ASTM D 3744 $285.00 $285.00 Lightweight Particles in Aggregate ASTM C123/AASHTO T113 QOR $750.00 Resistance of Rock to Wetting and Drying CRD-C169 $400.00 $400.00 *Unusual sample preparation for brick specimen will be charged at the established hourly rate.

LAB CONCRETE AND MASONRY TESTS
All fees subject to Basis of Charges Page 474

INSPECTING

TESTING

ENGINEERING
Standard Discounted
SOILS National Code Rate/Each Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 $425.00 $375.00 Caltrans Corrosivity Package $425.00 $350.00
Resistivity and pH Measurements of Soil and Water $200.00 $100.00 Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water $200.00 $100.00 Soils and Waters for Sulfate Content $150.00 $100.00
Soils and Waters for Chloride Content $150.00 $100.00
Swell Test Under 60psf Surcharge (per SNV Amendments to IBC) ASTM D2435 (Modified) $175.00 $150.00 Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $550.00 $400.00 Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $550.00 $425.00 Standard Test Method for Particle-Size Analysis of Soils (without Hydrometer) ASTM D422 $450.00 $350.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 $400.00 $325.00 Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $400.00 $200.00 Field Density Test for Compaction $200.00 $100.00
Hydrometer Only ASTM D422 $450.00 $350.00
pH of Soils ASTM D4972 $450.00 $300.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabilometer ASTM D2844 $600.00 $400.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216 $200.00 $100.00 Density of Soil in Place by the Drive-Cylinder Method ASTM D2937 $125.00 $75.00 Expansion Index of Soils ASTM D4829 $375.00 $275.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084 $450.00 $375.00 Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 $225.00 $100.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $300.00 $190.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $300.00 $190.00 Density of Hydraulic Cement ASTM C188 $275.00 $175.00
Volatile Organic Content EPA 8260B QOR $2,000.00
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR $2,000.00 Total Organic Carbon ASTM 2974/EPA 5310Bm QOR $2,000.00 ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR $2,000.00 Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR $2,000.00 ICP Metals Concentration EPA 6020 QOR $2,000.00
pH EPA 9045D $450.00 $350.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR $2,000.00 Chromium Soluble EPA 7196A QOR $2,000.00
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 $250.00 $175.00 Universal Soil Classification System (USCS) Test ASTM D2487 $400.00 $200.00 California Bearing Ratio Test ASTM D1883 $400.00 $250.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 $250.00 $125.00 ASPHALT National Code
Bituminous Material Content of Asphalitic Concrete Mixtures By The Nuclear Method $900.00 $700.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172 $750.00 $500.00 Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR $750.00 Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549 $250.00 $175.00 Bituminous Mixtures Utilizing Four Inch Marshall Apparatus $325.00 $175.00 Method of Prep of Bituminous Mixture Test Specimens ASTM D6926 $250.00 $175.00 Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) ASTM D1188 and D2726 $900.00 $700.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931 QOR $2,000.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444 $350.00 $275.00 Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $900.00 $700.00 Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041 $350.00 $275.00 Swell of Bituminous Mixtures $350.00 $250.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 $850.00 $650.00 Preperation of HMA Superpave Gyratory Compaction AASHTO T312 $900.00 $700.00 Determination of Voids in Compacted Bituminous Mixtures $450.00 $295.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $400.00 $275.00 Determination of Asphalt Binder Content of Asphaltic Concrete Mixtures (RAP) by the Ignition Method $400.00 $275.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307 $400.00 $275.00 Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven $400.00 $275.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $2,000.00 $2,000.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $250.00 $150.00 * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician.
** Does not include sample preparation or sieve analysis

LAB SOILS AND ASPHALT TESTS
All fees subject to Basis of Charges Page 475

INSPECTING

TESTING

ENGINEERING
Standard Discounted
METALS MATERIALS MECHANICAL TESTS National Code Rate/Each Rate/Each Mechanical Testing of Steel Products (General Tensile) ASTM A370 $325.00 $325.00 Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $125.00 $125.00 Tension Testing of Metallic Materials (Welding Coupon Tensile) ASTM E8, B557 and AWS B4.0 $325.00 $325.00 Mechanical Testing of Steel Products (Couplers) ASTM A370 $325.00 $325.00 Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Materials ASTM E2248 and ASTM E23 QOR $750.00
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $300.00 $300.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $250.00 $85.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $300.00 $125.00 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ ASTM A370 and E290 QOR $750.00 Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A370, A82 and A185 $300.00 $300.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $175.00 $175.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only (Tension and Yield) ASTM F307, F1554 and F606 $350.00 $350.00 Rockwell Hardness of Metallic Materials ASTM E18 $100.00 $100.00 Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or A563 $225.00 $225.00 Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QOR $3,000.00 Macroetching Metals and Alloys ASTM E340, E381 and AWS $225.00 $225.00 Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (HSB Assemblies) ASTM F606 $250.00 $250.00 Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $250.00 $175.00 Steel Strand, Uncoated Seven-Wire for Prestressed Concrete ASTM A416 and A1061 $1,000.00 $1,000.00

OTHER MATERIALS MECHANICAL TESTS
Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $400.00 $225.00 Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $400.00 $225.00 Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $350.00 $175.00 Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars (FRP) ASTM D3039 $800.00 $675.00 Moisture Content of Non-Typical Materials ASTM C566 $250.00 $175.00 Aluminum Oxide Content ASTM C25 $750.00 $525.00
Viscosity of Non-Typical Materials ASTM D2196 $450.00 $375.00 Plastic Ultimate Tensile ASTM D638 $350.00 $275.00

FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $250.00 $150.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $100.00 $50.00

CONTACT INFORMATION
Arizona: 1746 E. Madison Street, Suite 5 • Phoenix, AZ 85034 • P 480.867.6877 Nevada: 3842 E. Post Road, Suite B • Las Vegas, NV 89120 • P 702.449.2132 New England: 12 Tech Cir • Natick, MA 01760 • P 617.938.3774 New York: 54-21 73rd Place • Maspeth, NY 11378 • P 516.423.3482 Northern California: 3942 Valley Avenue, Suite A • Pleasanton, CA 94566 • P 925.403.4747 Southern California: 9070 Center Avenue • Rancho Cucamonga, CA 91730 • P 909.587.6374 Texas: 3709 Promontory Point Drive, Suite 210 • Austin, TX 78744 • P 925.403.4747

LAB METALS AND OTHER MATERIALS TESTS
All fees subject to Basis of Charges Page 476

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 17,
2022
Members of the City Council
Subject: Introduction and First Read of an Ordinance Establishing a Military Equipment Use Policy Per CA Assembly Bill 481
EXECUTIVE SUMMARY:

City Council Introduction and First Read of an Ordinance: 1) establishing a Military Equipment Use Policy; and 2) making findings related thereto.

DISCUSSION:

Assembly Bill 481 (AB 481), codified at Government Code Sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body (by ordinance), prior to the agency funding, acquiring or using military equipment.

The policy must be reviewed every year thereafter.

AB 481 went into law as of January 1, 2022. Per AB 481, law enforcement agencies are now required to obtain approval of a Military Equipment Use Policy from their respective governing body. Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies must also hold at least one community engagement meeting within 30 days of submitting and publicly releasing the annual report. Finally, agencies are required to attach a military equipment inventory to the policy. Agencies seeking to continue using military equipment acquired prior to January 1, 2022 have until May 1, 2022 to commence the governing body approval process described by the statute, which occurred here when the Police Department posted its draft policy on its website for public review and submitted the same to the City Council via email on April 5, 2022.

The Fountain Valley Police Department (FVPD) requests the City Council to adopt the attached ordinance approving the attached Military Equipment Use Policy – Policy 707, to allow FVPD to continue to use the vital equipment specified therein.

To adopt the ordinance approving the policy, Council must make the following findings:

Council Action Request
AB 481
May 17, 2022

(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Items deemed “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers.

The term “military equipment,” as used in AB 481, does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

FVPD is committed to using the most up-to-date tools and equipment to safeguard the citizens of Fountain Valley. Many of the items deemed “military equipment” by AB 481 are in fact employed by FVPD, and law enforcement agencies across the country, to reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide FVPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

Other items deemed “military equipment” via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety and protect civil liberties. The use of the tools identified below are vital to FVPD’s mission and will continue to be strictly regulated through internal

Council Action Request
AB 481
May 17, 2022

processes and oversight.

The proposed ordinance seeks to approve FVPD’s Policy 707, which constitutes FVPD’s Military Equipment Use Policy. Policy 707 outlines each item identified in Government Code Section 7070 that is currently owned by the City. Policy 707 also includes the current use and cost of each item. These items, and their stated uses, have been in place prior to the implementation of AB 481.

There are no reasonable alternatives to the items listed below. FVPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety. Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicle: Unmanned Aerial Systems (UAS) are necessary as they provide visibility to high-risk locations. Without the use of a UAS, peace officers would have to deploy to high-risk locations that would increase the risk to the officers and members of the public. The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures, often in crowded spaces. There are no known alternatives that could be used to safely access these locations.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a peace officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of peace officers to engage in high-risk tasks. There is no known alternative to this system.

Armored personnel carriers, Humvees, wheeled vehicles that have a breaching or entry apparatus: Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The Mobile Command Post vehicle (MCP) is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio-visual devices to assist in command and control of a critical incident. This vehicle allows for mobile incident command and use of the Incident Command Systems facilitating the best possible on scene decision-making by key leaders. It provides for mobility, sheltering, and logistical support, restroom facilities and power. There is no known alternative for the MCP that provides the same amount of mobility and support at one location in a quick deploying package.

Breaching apparatuses, battering rams, slugs: Battering rams and breaching apparatus

Council Action Request
AB 481
May 17, 2022

are used to defeat locked, barricaded or fortified locations, allowing officers to conduct rescues or high-risk forceful entries. This includes, but is not limited to, rescuing hostages. These items allow peace officers to quickly enter a structure when time is of the essence. This would include, but not be limited to, an active shooter or kidnapping situation. In such situations, time is of the essence and it would not be feasible to wait for other delayed access to the structure. There are alternatives that are used for low-risk and/or non-fortified situations. This includes handheld battering rams. However, this alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such, there is no reasonable alternative to these items when they are used and required.

Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons and Tactics (SWAT) rifles, and sniper rifles enable officers, when in compliance with the FVPD’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement, minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Flashbangs: Flashbangs are used as a distraction device to disorient or divert the suspect’s attention away from officers. This can allow officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a suspect into custody without force. There is no known alternative to a flashbang when it is necessary.

Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so.

These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.

Long Range Acoustic Device (LRAD): The LRAD is used in situations necessary to address the public. It can also be used as a safe deterrent against hostile crowds or individuals. This device is only used when standard sound amplification equipment is not sufficient to provide adequate range or capability needed. There is no reasonable alternative that would suffice in situations where the LRAD is necessary. 40mm projectile launchers and bean bag shotguns: The 40mm launcher affords the ability to use less lethal chemical agents and impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The bean bag shotgun also allows officers to confront a

Council Action Request
AB 481
May 17, 2022

potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

FINANCIAL IMPACT:

This item does not have a financial impact.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and concurs with the recommended action.

PUBLIC NOTIFICATION:

Public notification was made through the regular agenda process and was published for a public hearing in a newspaper of general circulation.

ALTERNATIVES:

There are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

RECOMMENDATION:

City Council introduce and approve a First Reading of an Ordinance: 1) establishing a Military Equipment Use Policy; and 2) as part of the approval, make findings related thereto.

Prepared by: Jarrod Frahm, Lieutenant
Approved by: Matthew L. Sheppard, Chief of Police
Fiscal Review by: Ernestine Jones, Interim Finance Director Legal Review by: Colin Burns, Attorney for the City
Approved by: Raul Godinez II, Interim City Manager
Attachments:

1. Ordinance

2. Policy 707

Council Action Request
AB 481
May 17, 2022

3. Military Equipment Inventory List

ORDINANCE NUMBER

AN ORDINANCE OF THE FOUNTAIN VALLEY CITY COUNCIL

ADOPTING A MILITARY EQUIPMENT USE POLICY
WHEREAS on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term “military equipment” is defined in California Government Code section 7070; and
WHEREAS Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS the proposed military equipment use policy is found within Fountain Valley Police Department Policy 707; and
WHEREAS Fountain Valley Police Department Policy 707 was published on the Fountain Valley Police Department’s internet website and presented to City Council on April 5, 2022; and
WHEREAS the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS if purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

NOW, THEREFORE, THE FOUNTAIN VALLEY CITY COUNCIL DOES
HEREBY ORDAIN AS FOLLOWS:

Section 1. That section 2.22.140 is added to the Fountain Valley Municipal Code to read as follows:
“2.22.140 Military Equipment Use Policy. Pursuant to Government Code Section 7070 et seq., the City has adopted a military equipment use policy. The City Council has reviewed the military use policy prepared by the Fountain Valley Police Department and approves of the same. This policy shall be reviewed at least annually by the City Council in accordance with the law.” Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.

PASSED, APPROVED AND ADOPTED by the Fountain Valley City Council at a regular meeting on the ____ of May 2022___________ by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST

Rick Miller Patrick Harper
City Clerk Mayor
APPROVED TO FORM:
___________________________
Colin Burns
Attorney for the City

STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF FOUNTAIN VALLEY }
I, Rick Miller, City Clerk of the City of Fountain Valley, do hereby certify that the foregoing ordinance is the original copy of Ordinance Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the _____ day of May, 2022.

Rick Miller
City Clerk

Equipment Make/Model Quantity Purchase Cost
Unmanned Aircraft System (UAS)-Drone (1):

DJI / Mini2 1 $3,770.36
Autel EVO II Pro 1 $2,447.00
40 MM Launchers and Rounds
LMT Defense, 40MM single shot launcher 3 $837.50
Def Tech / 40MM Exact Impact Sponge 83 $18.95
Def Tech / 40MM Direct Impact CS 10 $24.50
Less Lethal Shotguns
Remington Model 870 35 $946.00
Drag Stabilized 12-Gauge Beanbag Round 460 $5.00
Rifles and Rounds
Rifles
Daniel Defense / DDM4 23 $2,057
Daniel Defense / AR15 5 $2,057
Colt / M16 2 $2,057
Remington 700 2 $2,200
Rounds
Winchester 223 Remington (55) FMJ 2,200 $169
Winchester Ranger 223 Remington (55) PSP 9,200 $297.44
PepperBall Launchers and Rounds
Launcher PepperBall Tac SF Launcher 2 $1,300
Rounds Inert (Training)
Glass Breaking 10 $20.95
Live - X Rounds 465 $3.00
Equipment/Transport Vehicle:

SWAT 2019 Ford F450 Crewcab / Vin # 1FD0W4GY4KED00546 / License Plate # 1414363 1 $10,000.00 Distraction Devices (LSDD - "Flashbangs"):

SWAT Combined Tactical Systems (CTS), Model 7290 Flashbang 18 $43.93 Chemical Agents
SWAT Riot Control CS Continuous Discharge 10 $25.75
Flameless smone Tri-Chamber CS 20 $35.75

Expected Life Span Annual Fiscal Impact Notes:
3-5 years $700.00
3-5 years $700.00
25 years $50.00
5 years N/A
5 years N/A
25 years $50.00
No Expiration Date N/A
25 years $50.00
25 years N/A
25 years N/A
25 years N/A
No Expiration Date N/A price per 500
No Expiration Date N/A price per 500
20 Years $50.00
20 Years N/A price per 10
3 years N/A
10 years $1,000.00
Until Used None
5 years N/A
5 years N/A

Policy
707
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***DRAFT*** Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
State MODIFIED
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
707.1.1 DEFINITION OF MILITARY EQUIPTMENT
State MODIFIED
California Government Code § 7070 defines "military equipment" as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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707.2 POLICY
State MODIFIED
It is the policy of the Fountain Valley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is the policy of the Fountain Valley Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 707.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Chief of Police designates the Support Services Bureau Lieutenant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fountain Valley Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT USE CONSIDERATIONS
Agency Content
The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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Military equipment shall only be used by a Department employee after applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), has been completed, unless exigent circumstances arise. 707.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
Agency Content
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Fountain Valley Police Department's funding, acquisition, or use of military equipment. This shall occur as a part of the Department's presentation to the City Council.
707.6 CATALOGING OF MILITARY USE EQUIPMENT
Agency Content
All military use equipment kept and maintained by the Fountain Valley Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer's description of the equipment.

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***DRAFT*** Military Equipment - 4

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on-going maintenance.

6. The quantity of the equipment, whether maintained or sought. 707.7 COMPLIANCE
Agency Content
All supervisors will ensure that all Department members comply with this policy and the Support Services Bureau Lieutenant will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be handled in accordance with Policy 1009 (Personnel Complaints). Any member of the public can register a question or concern regarding military use equipment by contacting the Fountain Valley Police Department via telephone, (714) 593-4485.A response to the question or concern shall be completed by the Department in a timely manner.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be in accordance with the Personnel Complaints Policy.
707.8 FUNDING
Agency Content
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances.In such case, the Department shall obtain City Council approval as soon thereafter as practicable.In seeking such approval, the Support Services Bureau Lieutenant will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
707.9 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes an inventory of previously purchased equipment for the Fountain Valley Police Department deemed to be military and militaristic as defined by this policy.

1. Unmanned Aircraft System (UAS)

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A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Current Inventory:

Autel EVO II Pro
Description: UAS with a single-color camera, weighs approx. 2.6 pounds and has video recording capabilities, approx. 40 minutes of flight time.

Quantity: 1
Purchase Price: $2,447.00
DJI Mini 2
Description: UAS that has a color camera. Capable of video recording and weighs 242 grams, approx. 30 minutes of flight time.

Quantity: 1
Purchase Price: $625.00
Purpose: To be deployed when its view would assist officers or incident commanders in situations which include but not limited to:
(a) major collision investigations
(b) search for missing persons
(c) natural disaster management
(d) crime scene photography
(e) SWAT, tactical or other public safety and life preservation missions (f) In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Expected Life Span: All UAS equipment, 3-5 years.

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Fiscal Impact: Annual maintenance and battery replacement cost is approximately $700.00.

Training Required: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.

Legal and Procedural Rules: Use is established under Policy 606, FAA Regulation 14 CFR Part 107, and the City of Fountain Valley UAS policy. It is the policy of the Fountain Valley Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Distraction Devices
A device used to distract dangerous persons.

Current Inventory:

COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
Description: This is the standard diversionary flash-bang device.It is non-bursting, nonfragmenting single use device that produces a 175db and 6-8 million candela of light output.It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.

Quantity: 18
Purchase Price: $45 each
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. It produces atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used:
(a) By officers who have been trained in their proper use. (b) In hostage and barricaded subject situations.
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
(d) During other high-risk situations where their use would enhance officer safety. (e) During training exercises.

Expected Lifespan: 5 years.

Fiscal Impact: No annual maintenance.

Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.

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Legal and Procedural Rules: Use is established under West County SWAT policy and procedure. It is the policy of SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

3. 40 MM Launchers and Rounds
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

Current Inventory:

LMT DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER
Description: The 40MM Single Launcher is a tactical single shot launcher that features an collapsible stock and picatinny upper receiver optic/light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to approximately 131 feet and is only authorized to be used by personnel who have attended a POST approved Less Lethal course.

Quantity: 3
Purchase Price: $900 each
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS.

The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

Quantity: 83
Purchase Price: $18 each
DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS
Description: A less lethal 40mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.

Quantity: 10
Purchase Price: $30 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

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Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Training: Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.

Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years.

Fiscal Impact: Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules: Use is established under Policy 302.9. It is the policy of the Fountain Valley Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

4. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge SuperSock Beanbag Round.

REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

Quantity: 35
Purchase Price: $946 each
Drag Stabilized 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by a grey butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Drag Stabilized Model is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate.

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However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Quantity: 460
Purchase Price: $5 each
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12-Gauge beanbag round and Winchester slug rifle rounds - no listed expiration date.

Fiscal Impact: Annual maintenance is approximately $50 for each less-lethal shotgun.

Training: All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules: Use is established under Policy 302.9 It is the policy of the Fountain Valley Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Current Inventory:

DANIEL DEFENSE DDM4.223
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223, 16-inch barrel.

Quantity: 23
Purchase Price: $2,057.00 per firearm
DANIEL DEFENSE AR-15.223 SHORT BARRELED RIFLE (SBR)
Description: lightweight, magazine-fed, gas-operated automatic rifle. Caliber 223, 11.5- inch barrel.

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Quantity: 5
Purchase Price: $2,057.00 per firearm
COLT M16.223
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle. Caliber 223,

14.5-inch barrel.

Quantity: 2
Purchase Price: $2,057.00 per firearm
WINCHESTER.223 REMINGTON 55GR FULL METAL JACKET FRANGIBLE RIFLE ROUND
Description:.223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.

Quantity: 2,200
Purchase Price: $169.00 (price per 500)
WINCHESTER RANGER.223 55GR (PSP) RIFLE ROUND
Description:.223 caliber, Pointed Soft Point (PSP), 55 grain bullet weight, brass cartridge case material.

Quantity: 9,200
Purchase Price: $297.44 (price per 500)
Purpose: To be used as precision weapons to address a threat with more precision and/ or greater distances than a handgun, if present and feasible.

Authorized Use: Only members that are POST certified are authorized to use a rifle.

Expected Life Span: 25 years.

Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

Legal and Procedural Rule: Use is established under Policy 303.3.2. It is the policy of the FVPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

5. PepperBall launcher: A device that discharges irritant projectiles Current Inventory:

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PEPPERBALL TAC SF LAUNCHER
Description: A compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.

Quantity: 2
Purchase Price: $1,300.00 each

PEPPERBALL LIVE-X PROJECTILE
Description: The Live Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 PepperBall rounds.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS.

The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

Quantity: 465
Purchase Price: $3.00 per projectile

PEPPERBALL GLASS BREAKING PROJECTILE
Description:The Glass Breaking Projectile is a solid polymer projectile used breaking out residential windows and side-glass of automobiles.The projectiles are not intended for use on humans or animals.

Quantity:10
Purchase Price:$2.00 per projectile
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals (Exception - Glass Breaking Projectile).
(b) Riot/crowd control and civil unrest incidents (Exception - Glass Breaking Projectile). (c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals (Exception - Glass Breaking Projectile). (e) Training exercises or approved demonstrations.

Authorized Use: Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.

Training: Sworn members utilizing PepperBall launchers and projectiles are trained in there use by POST certified less lethal and chemical agent instructors.

Expected Life Span:

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(a) PepperBall Tac SF Launcher - 20 years
(b) PepperBall Live-X Projectile - 3 years
(c) PepperBall Glass Breaker – 3 years
Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher.

Legal and Procedural Rules: Use is established under Policy 302.3. It is the policy of the FVPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 707.10 MILITARY SWAT EQUIPMENT INVENTORY (REGIONALIZED EQUIPMENT NOT IN

POSSESSION OF THE FOUNTAIN VALLEY POLICE DEPARTMENT)
Agency Content
The Fountain Valley Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Seal Beach, Los Alamitos, Cypress, and Westminster.

The following constitutes an inventory of previously purchased equipment known to be owned and/ or utilized by law enforcement units with which the Fountain Valley Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.

6. Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Current Inventory:

LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

The bearcat was obtained through the UASI group procurement process in 2012, VIN FDAF5HT2BEC98082. The vehicle is currently stored at Westminster Police Department and used by the West County S.W.A.T. during training and S.W.A.T. operations for the region.

Quantity: 1
Purchase Price: (Refer to Westminster Police Department) Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident.

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Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Expected Lifespan: 25 years.

Fiscal Impact: (Refer to Westminster Police Department).

Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.

7. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

Current Inventory:

FREIGHTLINER M2 106 VEHICLE
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Costsharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

Quantity: 1
Purchase Price: (Refer to Cypress Police Department)
Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.

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Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.

Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.

Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure. Upgrades needed in 7 years to maintain IT systems.

Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/ operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Costsharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.

8. Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.

Quantity: (Refer to Cypress Police Department)
Purchase Price: (Refer to Cypress Police Department)

Fountain Valley Police Department
Fountain Valley PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/10, All Rights Reserved.

Published with permission by Fountain Valley Police
Department
***DRAFT*** Military Equipment - 15
Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.

Expected Lifespan: 5 years from manufacturing date.

Fiscal Impact: No annual maintenance.

Legal and Procedural Rules: The use of chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Other Notes: This equipment is owned and operated by Cypress Police Department and used by the West County SWAT during training and SWAT operations for the region which could result in its deployment and/or use in the City of Fountain Valley.

9. Explosive Breaching Tools
Tools that are used to conduct an explosive breach.

Current Inventory:

KINETIC BREACHING TOOL (KBT) MODEL 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool.It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point.The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification.The impact plate automatically retracts and is reset in the breaching device.The KBT uses semiautomatic cycling, allowing repeated strikes on hardened or multiple targets.The KBT's intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT weighs 28 lbs. dimensions are 35in. x 9.9in. x 9.3in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft. lbs. of kinetic energy through the steel ram.There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.

Fountain Valley Police Department
Fountain Valley PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/10, All Rights Reserved.

Published with permission by Fountain Valley Police
Department
***DRAFT*** Military Equipment - 16
Quantity: 1
Purchase Price: (Refer to the Seal Beach Police Department) Purpose: To safely gain entry into a structure.

Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).

Fiscal Impact: No annual maintenance.

Training: All officers who use explosive breaching tools shall attend 40 hours of POST certified explosive breaching instruction and must additionally receive quarterly training for explosive operations.

Legal and Procedural Rules: It is the policy of the Fountain Valley Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region which could result in its deployment and/or use in the City of Fountain Valley.

10. Long Range Acoustic Device (LRAD)
A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Current Inventory:

GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario. LRAD's advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise. The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number: 05984 UASI ASAUA/DHS Number 11-00456.

Quantity: 1
Purchase Price: (Refer to the Westminster Police Department)

Fountain Valley Police Department
Fountain Valley PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/10, All Rights Reserved.

Published with permission by Fountain Valley Police
Department
***DRAFT*** Military Equipment - 17
Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.

Training: All officers trained in the use of the LRAD should set up and operate the device.

Legal and Procedural Rules: It is the policy of the Seal Beach Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Fountain Valley.

11. Robots
A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

Current Inventory:

TRANSCEND VANTAGE PATROL ROBOT
Description: Transcend's Vantage robot is the world's only double-patented automatic stair and obstacle climbing robot for First Responders. It's the only option for First Responders that want their robot to "just figure it out" on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what's happening before sending officers inside.

Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).

Quantity: 1
Purchase Price: (Refer to the Westminster Police Department) Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Fountain Valley Police Department
Fountain Valley PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/10, All Rights Reserved.

Published with permission by Fountain Valley Police
Department
***DRAFT*** Military Equipment - 18
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.

Expected Lifespan: 8 to 10 years.

Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500.

Training: All robot operators must complete the FBI's 6-week hazardous device school prior to operating the robot(s) identified above.

Legal and Procedural Rules: It is the policy of the FVPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Fountain Valley.
707.11 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

Fountain Valley Police Department
Fountain Valley PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/05/10, All Rights Reserved.

Published with permission by Fountain Valley Police
Department
***DRAFT*** Military Equipment - 19
707.12 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.
707.13 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
Agency Content
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. Fountain Valley Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies of California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 17, 2022
Members of the Council
SUBJECT: License Agreement with SiFi Networks Fountain Valley LLC, a Delaware limited liability company for deployment of a Citywide Fiber Optic infrastructure
EXECUTIVE SUMMARY:

The proposed License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware Limited Liability Company will provide Citywide Fiber Optic services to the premises of all our residents and businesses within the City of Fountain Valley.

DISCUSSION:

On May 6, 2021, Council Strategic Planning Workshop, the council identified Attract and Retain Revenue Producing Businesses as one of the three-year goals. One of the objectives in achieving this goal is to bring the best internet services to Fountain Valley in Orange County to foster economic development and enhance our community’s quality of life.

The Council directed staff to “Conduct a study on the feasibility of partnering with internet providers to provide the best internet service for residents and businesses in Orange County and present the results to the City Council for direction.” Staff diligently explored and researched options to capitalize on the City-owned and operated fiber-optic network asset and/or lease City’s fiber-optic system to other Internet Service Providers (ISPs).

On November 16, 2021, the staff presented the Assessment of Fiber Optic Assets findings. Staff concluded that leasing our fiber optic or partnering with other internet providers is not feasible due to two factors.

1. Limitation of our City’s fiber-optic network. The City’s fiber-optic network is sufficient for serving City’s needs for traffic signals, all city facilities, and City's SCADA system. However, it is not robust enough to provide extended services to the community.

2. The Internet Service Providers (ISPs) did not want to share a fiber-optic network but they prefer to own their fiber-optic assets due to liability and other maintenance challenges.

Council Action Request
License Agreement with SiFi Networks
May 3, 2022

Concurrently, staff diligently negotiated with Frontier Communications to deploy city-wide fiber optic in the City. Staff formulated a framework of expeditious plan check review and permitting.

In 2006, California Assembly Bill 2987 (AB 2987) passed the Digital Infrastructure and Video Competition Act (DIVCA) to foster internet market investment. This Bill allowed direct franchise agreements with the State and fiber optic communication firms to streamline the process without filing a separate franchise agreement with individual cities/municipalities. Frontier Communication officially filed as a franchise with the State of California in 2017 and is valid for 10 years.

On January 18, 2022, staff invited Frontier Fiber to present their deployment plan to Council.

On February 1, 2022, SiFi Network presented its city-wide fiber optic deployment plan to the Council. SiFi Network is a privately funded investment venture and is not a franchisee with the State of California for the telecommunication internet market.

At the same meeting, the Council approved a contract with Annealta Consulting from the pre-qualified consultant list, to plan check, inspect and manage Frontier Fiber plan submittals. The Frontier Communication is currently under construction for fiber optic installation.

Similarly, staff negotiated engineering standards and deployment frameworks with SiFi.

SiFi is a privately funded fiber optic infrastructure venture capital and is not subject to the DIVCA franchise filing with the State of California. SiFi and Frontier are utilizing different construction methods. SiFi is proposing micro-trenching technology. Frontier is utilizing existing aerial fiber for backbone and directional “jack and bore” method for network connectivity.

The staff has familiarity with SiFi Network and Google Fiber from other agencies’ experiences. As part of this deployment agreement, City will provide a Single Point of Contact (SPOC). Since the Public Works engineering does not have sufficient in-house staffing to provide SPOC, Staff recommends utilizing consultant services for SPOC to provide plan check review, inspection, and construction and permit management. SiFi agreed to fully fund and reimburse the City for all costs incurred to expedite the execution of SiFi fiber optic deployment.

The optimistic estimated time of construction is approximately 2-3 years.

FINANCIAL ANALYSIS:

SiFi Network agrees to pay and reimburse the full cost of consultant Single Point of Contact (SPOC) for plan check, inspection, project management, and any incidental staff administration cost. Sifi Network was not able to offer any financial incentives or

Council Action Request
License Agreement with SiFi Networks
May 3, 2022

profit-sharing due to its private investment financing structure. However, SiFi will reimburse the City for all costs incurred including the cost of administration and City is not owed SiFi any fee or money.

ATTORNEY REVIEW:

The Attorney for the City reviewed and approved the agreement.

ALTERNATIVES:

Alternative No. 1: Approve the License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware limited liability company for the deployment of a Citywide Fiber Optic infrastructure. This option provides competition in fiber optic service choices for our residents and businesses.

Alternative No. 2: Do not approve the License Agreement with SiFi and do not deploy Citywide fiber-optic infrastructure. This option will allow Frontier to have dominance of fiber optic infrastructure in the City of Fountain Valley and does not create options and competition for services.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1 to approve the License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware limited liability company for the deployment of a Citywide Fiber Optic infrastructure.

Prepared by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ernestine Jones, Interim Finance Director / Treasurer Approved by: Raul Godinez II, Interim City Manager
Attachment: License Agreement
Exhibit A

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 17, 2022
Members of the Council
SUBJECT: License Agreement with SiFi Networks Fountain Valley LLC, a Delaware limited liability company for deployment of a Citywide Fiber Optic infrastructure
EXECUTIVE SUMMARY:

The proposed License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware Limited Liability Company will provide Citywide Fiber Optic services to the premises of all our residents and businesses within the City of Fountain Valley.

DISCUSSION:

On May 6, 2021, Council Strategic Planning Workshop, the council identified Attract and Retain Revenue Producing Businesses as one of the three-year goals. One of the objectives in achieving this goal is to bring the best internet services to Fountain Valley in Orange County to foster economic development and enhance our community’s quality of life.

The Council directed staff to “Conduct a study on the feasibility of partnering with internet providers to provide the best internet service for residents and businesses in Orange County and present the results to the City Council for direction.” Staff diligently explored and researched options to capitalize on the City-owned and operated fiber-optic network asset and/or lease City’s fiber-optic system to other Internet Service Providers (ISPs).

On November 16, 2021, the staff presented the Assessment of Fiber Optic Assets findings. Staff concluded that leasing our fiber optic or partnering with other internet providers is not feasible due to two factors.

1. Limitation of our City’s fiber-optic network. The City’s fiber-optic network is sufficient for serving City’s needs for traffic signals, all city facilities, and City's SCADA system. However, it is not robust enough to provide extended services to the community.

Council Action Request
License Agreement with SiFi Networks
May 17, 2022

2. The Internet Service Providers (ISPs) did not want to share a fiber-optic network but they prefer to own their fiber-optic assets due to liability and other maintenance challenges.

Concurrently, staff diligently negotiated with Frontier Communications to deploy city-wide fiber optic in the City. Staff formulated a framework of expeditious plan check review and permitting.

In 2006, California Assembly Bill 2987 (AB 2987) passed the Digital Infrastructure and Video Competition Act (DIVCA) to foster internet market investment. This Bill allowed direct franchise agreements with the State and fiber optic communication firms to streamline the process without filing a separate franchise agreement with individual cities/municipalities. Frontier Communication officially filed as a franchise with the State of California in 2017 and is valid for 10 years.

On January 18, 2022, staff invited Frontier Fiber to present their deployment plan to Council.

On February 1, 2022, SiFi Network presented its city-wide fiber optic deployment plan to the Council. SiFi Network is a privately funded investment venture and is not a franchisee with the State of California for the telecommunication internet market.

At the same meeting, the Council approved a contract with Annealta Consulting from the pre-qualified consultant list, to plan check, inspect and manage Frontier Fiber plan submittals. The Frontier Communication is currently under construction for fiber optic installation.

Similarly, staff negotiated engineering standards and deployment frameworks with SiFi.

SiFi is a privately funded fiber optic infrastructure venture capital and is not subject to the DIVCA franchise filing with the State of California. SiFi and Frontier are utilizing different construction methods. SiFi is proposing micro-trenching technology. Frontier is utilizing existing aerial fiber for backbone and directional “jack and bore” method for network connectivity.

The staff has familiarity with SiFi Network and Google Fiber from other agencies’ experiences. As part of this deployment agreement, City will provide a Single Point of Contact (SPOC). Since the Public Works engineering does not have sufficient in-house staffing to provide SPOC, Staff recommends utilizing consultant services for SPOC to provide plan check review, inspection, and construction and permit management. SiFi agreed to fully fund and reimburse the City for all costs incurred to expedite the execution of SiFi fiber optic deployment.

The optimistic estimated time of construction is approximately 2-3 years.

FINANCIAL ANALYSIS:

Council Action Request
License Agreement with SiFi Networks
May 17, 2022

SiFi Network agrees to pay and reimburse the full cost of consultant Single Point of Contact (SPOC) for plan check, inspection, project management, and any incidental staff administration cost. Sifi Network was not able to offer any financial incentives or profit-sharing due to its private investment financing structure. However, SiFi will reimburse the City for all costs incurred including the cost of administration and City is not owed SiFi any fee or money.

ATTORNEY REVIEW:

The Attorney for the City reviewed and approved the agreement.

ALTERNATIVES:

Alternative No. 1: Approve the License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware limited liability company for the deployment of a Citywide Fiber Optic infrastructure. This option provides competition in fiber optic service choices for our residents and businesses.

Alternative No. 2: Do not approve the License Agreement with SiFi and do not deploy Citywide fiber-optic infrastructure. This option will allow Frontier to have dominance of fiber optic infrastructure in the City of Fountain Valley and does not create options and competition for services.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1 to approve the License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware limited liability company for the deployment of a Citywide Fiber Optic infrastructure.

Prepared by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ernestine Jones, Interim Finance Director / Treasurer Approved by: Raul Godinez II, Interim City Manager
Attachment: License Agreement
Exhibit A

LICENSE AGREEMENT
This License Agreement (the “Agreement”) is made this ______day of May, 2022 (“Effective Date”), by and between the City of Fountain Valley (“City”) California, a municipal corporation and SiFi Networks Fountain Valley LLC, a Delaware limited liability company (“SiFi”) (each of City and SiFi, a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, the City desires the implementation of a fiber optic network System (as defined below) for community benefit in the City and SiFi desires to install such a System; WHEREAS, SiFi owns the rights to the FOCUS (as defined below) proprietary fiber optic cable System technology;
WHEREAS, the City has agreed to grant to SiFi all necessary rights to access and use the Public Way to install, operate, and maintain the System; and NOW, THEREFORE, in consideration of the mutual obligations of the Parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows:

SECTION 1

1. Definition of Terms.

1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. “Access” means the access to, and use of, specified areas within the Public Way subject to all necessary City permits, encroachments, and/or license and/or lease agreements for specified areas within the Public Way.
“Boundary” means the legal boundaries of the City as of the Effective Date. “Cabinets” means above-ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System and as further described in Attachment 1.
“Chambers” means underground enclosures placed within the Public Way facilitating access to the active and passive equipment for the provision of Service throughout the System. “Commencement Date” means the date that Substantial Completion, as that term is defined herein, of the System has been achieved.
“Construction” means breaking ground for the installation of the System.

“Construction Contractor” or “Contractor” means the construction company(ies) performing the physical work.
“Drop” means the fiber optic cable run from the System at the edge of the Public Way or the Fiber Access Box (“FAB”) or the Toby Box (as each is described in Attachment 1) in the Public Way, as the case may be, to the Premises Wall.
“Facility” means the secure spaces that the City agrees to make available to SiFi during the Term for the installation of Shelters and Cabinets. “FOCUS” means SiFi’s trademarked FOCUS™ system, know-how and other proprietary rights, comprising, among other things a combination of blown fiber, aerial, and other conventional techniques to enable multi-gigabit technologies.
“FON” means SiFi’s fiber-optic network built by utilizing a combination of blown fiber, aerial, and/or other conventional techniques, which may also include FOCUS™ design, as well as electronics to enable multi-gigabit technologies.
“Home” means a residential single-family dwelling, or a residential single dwelling unit located within a Multiple Dwelling Unit, located within the Boundary. “Multiple Dwelling Unit” means an apartment building or other building containing more than four dwelling units located within the Boundary.
"Microtrenching" means the process of cutting a trench with a dry cut machine whereby the typical microtrench on residential streets has a minimum of ten (10) inches of cover over the duct and on arterial streets has a minimum of twelve (12) inches of cover as depicted in Attachment 1 hereto, unless for locations where SiFi determines a greater depth of cover is required. Cover depth will include a separation barrier layer of sand or other material approved by the City Engineer and or Public Works Director based on his/her professional engineering judgment and according to industry standards and practices, to separate the conduit from the microtrench solid fill material.
“Pass” or “Passes” means the duct or Chamber as parts of the System has reached to the curbside of a residential Primary Premise, or the engineered point at or near a commercial Premises from which a Drop can be connected.
“Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for profit or not for profit, but shall not mean the City or SiFi.
“Premises” means a Home, Multiple Dwelling Unit, office or other building located within the Boundary.

“Premises Wall” means the exterior of an outside wall of a Premises to which the fiber optic cable can be terminated.
“Primary Premises” means the Premises within the Boundary as of the Effective Date but excluding any Premises which SiFi cannot connect (i) because of a lack of a right to access and use the Public Way due to the City not possessing the right, title, interest or authority to permit SiFi to use and occupy the Public Way in order for SiFi to access such Premises, or (ii) because SiFi lack of a right to access any non-City owned property within the Boundary in order to access such Premises, or (iii) if there would be an incremental material cost to connect such Premises would be at least ten percent (10%) higher than the average cost to connect accessible by SiFi Primary Premises within the Boundary, or (iv) where such Premises already have a pre-existing fiber service available to them and do not desire SiFi to connect such Premises. SiFi shall not be required or obligated to make the System available to such Primary Premises described in (i) through (iv) in this definition and Substantial Completion determination shall not be impacted as a result.
“Public Way” shall mean the surface of, and the space above and below, any now existing or future: public street, road, highway, parkway, driveway, lane, path, court, sidewalk, bridge, alley, boulevard, public way, or other public right of way or easement including, public utility easements, dedicated utility strips, or rights of way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by, granted or dedicated to or under the jurisdiction of the City within the Boundary. For the avoidance of doubt, the term “Public Way” shall also mean any rights, authority, control, or easement now or hereafter held by the City within the Boundary for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include all other rights, authority, control, or easements or rights of way to the extent held or controlled by the City within the Boundary.
"Reasonable Care" means the care City or City contractors utilize when applying then-current industry standard methods and equipment to repair, maintain, replace, or construct new or existing City improvements of any type or manner whatsoever, including but not limited to streets, curbs, gutters, ramps and sidewalks. “Service” means internet, voice, data, and video service or any combination thereof, provided by a Service Provider over the System.
“Service Providers” means any entity, which enters into a contract with SiFi to provide Services over the System.
“Shelter” means the above ground facility housing System equipment as further described in Section 4.2 and in Attachment 1 hereto.
“Subscribe” means an agreement to receive from a Service Provider.

“Subscriber” means any Person (which for purposes of this definition shall include the City) that has entered into an agreement to receive or otherwise lawfully receives Service. “Substantial Completion” means the date on which, the System has been installed such that it Passes the addresses of each of the Primary Premises and the System is capable of providing Service to each such Primary Premises (but for the lack of a Drop). “System” means all parts of the FON system under and above ground in the City that is designed to support the delivery of Service to Subscribers, including the fiber optic cable and its component parts and appurtenances, and the other cables, wires, components, facilities, Cabinets, ducts, conduits, connectors, Shelters, Chambers, manholes, manhole covers, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the FON system.

SECTION 2

2. Grant of License.

2.1 Grant of License for System in Public Way.

SiFi Granted a License to Public Way. This Agreement sets forth the terms and conditions upon which SiFi is granted a license to install the System in the Public Way. The particular terms and location of each portion of the System shall be specified in the applicable permit, including but not limited to encroachments, licenses, or other forms of plan review and approval or authorization, as described in Section 3.2 (Permits and General Obligations). Subject to this Agreement and the terms and conditions of any permits, including but not limited to encroachments, licenses, or other forms of plan review and approval or authorization, the City hereby grants and conveys to SiFi a license to erect, install, construct, repair, replace, reconstruct, maintain, operate or retain in, on, over, under, upon, across, or along any Public Way, the System including, wires, cables, facilities, Cabinets, components, materials, apparatus ducts, conduits, connectors, vaults, manholes, manhole covers, pedestals, appliances, splitters, pots, attachments, and other related property or equipment as may be necessary or appurtenant to the System, within the Boundary, and all extensions and additions thereto. SiFi shall have the right, subject to City approval of the applicable permit, which approval shall not be unreasonably withheld, delayed, or conditioned, except for those conditions necessary to protect public health, safety, and welfare of persons and public property in the sole but reasonable discretion of the City Public Works Director, to determine the final engineering design and location, including but not limited to depth, width, and height, of all equipment and other parts of the System. Both Parties agree to cooperate during the design and permitting process and SiFi must first disclose all engineering designs to the City for permit approval. Notwithstanding the foregoing, installation of the System and use of the Public Way is subject to the applicable permit for a specific location. It is understood that SiFi’s right to place the System is a non-exclusive license, except for the Facilities, but that upon issuance of the applicable permit, the area specified therein shall be exclusive for the System, subject to the

terms and conditions of this Agreement. Further, SiFi’s rights granted under this Agreement are irrevocable until the expiration or sooner termination of this Agreement and/or the permit as provided herein or therein.

Abandonment of the System upon Termination of Agreement.

Upon the expiration or termination of this Agreement, SiFi shall have the right, but not the obligation, to remove from or abandon in place all or any part of the System in the Public Way.

Any part of the System abandoned by SiFi as described in this agreement shall become the property of the City. Within one hundred eighty (180) days or as soon as possible of the expiration or termination of this Agreement, SiFi must notify the City in writing of its intent not to abandon the System. Failure to provide such written notice within the time specified will be deemed an abandonment of the System.

Removal or Relocation for Safety Reasons. If, in the reasonable discretion of the City Public Works Director, any above-ground portion of the System is installed, operated and/or maintained in material non-compliance with the applicable permit issued by the City, the City Public Works Director shall provide oral and/or written (email) notice and SiFi shall promptly, within the applicable timeframe specified in Section 8.1.1, repair such portion of the System within the time required by the City Public Works Director. If SiFi fails to timely repair such portion of the System as required, the City Public Works Director may, at SiFi’s expense to be paid upon invoice by the City, (i) cause the removal immediately, if necessary, to protect against imminent harm to life or property, or (ii) cause such portion of the System as constitutes a public nuisance to be abated consistent with the provisions of the Municipal Code. Notwithstanding the foregoing, if, in the reasonable discretion of the City Public Works Director, any above-ground portion of the System becomes a safety hazard at any time during the Term, the City Public Works Director may, at SiFi’s expense to be paid upon invoice by the City, cause the immediate removal of such portion of the System without prior notice to SiFi, if necessary to protect against imminent harm to life or property.

2.2 Term of Agreement. This Agreement shall become effective upon the execution and delivery of this Agreement by the Parties (the “Effective Date”). The term of this Agreement shall commence on the Commencement Date and run until midnight on the date that is thirty (30) years after the Commencement Date (the “Initial Term”). Following the Initial Term, this Agreement shall, so long as SiFi remains in material compliance with this Agreement as reasonably determined by City, automatically renew for an additional term of fifteen (15) years commencing on the thirtieth (30th) anniversary of the Commencement Date, respectively (“Renewal Term),” and, together with the Initial Term, the “Term”) unless SiFi provides written notice to the City of its intent not to renew at least one hundred eighty (180) days prior to the end of the Initial Term. If SiFi elects to not renew this Agreement the system will be deemed abandoned and shall become the property of the City.

2.3 License to Occupy City Land for Shelter/Facilities.

(i) City hereby grants to SiFi, and its licensees, successors, lessees, transferees, and assigns, an additional license to enter and occupy portions of the City’s Public Way and/or City-owned land including for up to two (2) specific locations for Shelters and Facilities as further described in Section 4.2 (Location of Shelters/Facilities), subject to a separate mutual written lease agreement between the parties at market rate which locations will be mutually agreed upon in good faith between the City and SiFi (the “Shelters License Area”), for the purposes of erecting, installing, constructing, operating, repairing, replacing, reconstructing, removing, maintaining, using and retaining said Shelters and Facilities, including, without limitation, wires, cables, ducts, conduits, connectors, vaults, handholes, handhole covers, fencing, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the System and the Shelters (the “Improvements”). This License is subject to easements, covenants, conditions, and regulations in existence as of the date hereof. (ii) Subject to easements, covenants, conditions, and regulations in existence as of the date hereof, SiFi shall be permitted to make such alterations to the Shelters License Area as are reasonably necessary to erect, install, construct, repair, replace, reconstruct, remove, maintain, operate, and use, the System including, without limitation, the Improvements, and adding and moving electrical lines and other utilities and apparatus. SiFi shall be responsible for all costs incurred in the alterations and restoration to substantially equal condition. All construction, installation, maintenance and repair of the Shelters License Area shall be conducted so as to interfere as little as practicable with City’s use and operation of the Public Way. The installation of the Improvements and alterations by SiFi in the Shelters License Area shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials.

Any damage to the Shelters License Area caused by reason of the exercise of SiFi’s rights hereunder shall be corrected within a reasonable time by SiFi at its sole cost and expense. (iii) SiFi will maintain the Shelters License Area and Improvements in accordance with this Agreement.
(iv) SiFi shall not install or construct any other structures or improvements other than the Improvements and associated appurtenances described herein. (v) The Improvements installed within the Shelters License Area by SiFi shall be made at no expense to City. SiFi shall be responsible, and assume all costs, for any relocation or protection of any part of the System in the event the relocation or protection of the System is necessary due to changes in any Public Way at any time during the term of this Agreement. (vi) City, at its sole cost, shall operate, maintain and repair the Public Way so as to avoid damage or minimize adversely affecting the Improvements and the Shelters License Area. City shall not make any modifications to, or alter, the Shelters License Area without prior written notice to SiFi.

(vii) City, its agents, or assigns, or any utility company or City franchisee may at any time, enter upon the Shelters License Area, except for the Shelter locations, covered by this Agreement for the purpose of installing, maintaining, relocating, altering, enlarging, repairing, or inspecting any utility, facility, or public work thereon, provided that, except in emergencies. In accessing said areas, City and City’s contractors shall exercise Reasonable Care to avoid damage to the System. (viii) SiFishall restore damaged or disturbed surfaces or underground utilities at or adjacent to the Shelters License Area to substantially the same as the original condition. Restoration shall be carried out immediately after construction. Any damage not repaired to the satisfaction of the City shall be a cause to suspend any operations within the City’s limits by the party causing the damage until the repairs are satisfactory to the City.
(ix) The Improvements and all of the parts and components of the System which are installed and constructed by SiFi in the Shelters License Area shall at all times be and remain the property of SiFi.
(x) City shall not install or construct, or permit the installation or construction of, any structures, improvements or obstructions on, over, or under, the Shelters License Area that interfere with SiFi Network’ access to, use and possession of the Shelters License Area, nor shall City otherwise impede, disturb, interfere with, or restrict, SiFi’s access to, use and possession of, the Shelters License Area.

2.4 [RESERVED].

2.5 Permitting Process.

Through Substantial Completion, and so long as SiFi has made the Monthly Reimbursable Amounts as defined below, the City shall provide efficient and diligent good faith review of all applications for permits by SiFi and/or its contractors, to the extent reasonably possible and to the extent permits are necessary, including permits or other necessary items for construction work on the System within the Public Way. The City acknowledges and agrees that, in order for SiFi to perform its obligations under this Agreement, time is of the essence in connection with permitting, licensing, and approval of the System. Accordingly, once SiFi has submitted a preliminary design for construction work on the improvements in the Public Way, including Shelters License Area, the City agrees to process and timeframes below in connection with all applications for permits by SiFi and/or its contractors in connection with this Agreement:
(i) The City shall within two (2) business days of 1st plan check submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide written acknowledgment to SiFi and/or its contractor confirming receipt of such submittal; and (Note: City Hall is closed every other Friday.)

(ii) The City shall provide within ten (10) business days of 1st plan check submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement acknowledge in writing that such application is properly submitted and complete, or in the event such application is not properly submitted and complete, provide SiFi and/or its contractors with a detailed written explanation of any deficiencies. Upon curing any such deficiencies, the City shall undertake an expedited review of the application per the timelines specified herein or other request for permit by SiFi and/or its contractors in order to comply with this Section 2.4.1.
(iii) The City shall within five (5) business days of a reasonably sufficient 2nd plan check submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide written notification of initial review and provide in writing to SiFi and/or its contractors a detailed explanation of any additional information and/or correction(s) needed for the City to complete its review process and the timelines specified in this Section 2.5.1 shall reset upon submittal of such required information. In the event it requires a 3rd plan check submittal, the City shall within five (5) day period so notify SiFi and/or its contractors in writing.
(iv) After plan approval, the City shall within ten (10) business days of a properly submitted and complete application by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide final approval and issue any necessary approval or permits to SiFi and/or its contractors.
(v) SiFi and/or its contractor shall in good faith respond to engineering comments on subsequent plan submittals to the satisfaction of the Public Works Director and or the City Engineer consistent with professional engineering principles and standards.
(vi) SiFi and/or its contractor shall in good faith respond to engineering comments on subsequent plan submittals to the satisfaction of the Public Works Director and or the City Engineer consistent with professional engineering principles and standards.
(vii) Permit applications shall be submitted by SiFi in substantially the standard form published on the City’s official website. The engineering details provided in Attachment 1 are the typical details that will be primarily used to construct the System. SiFi shall pay City for its normal costs in processing said permits.

Permit applications shall be submitted by SiFi in substantially the standard form published on the City’s official website. The engineering details provided in Attachment 1 are the typical details that will be primarily used to construct the System.

Any work by SiFi or its contractors in the Public Way (including but not limited to new installation, relocation, repair work, etc.) will require SiFi to obtain an encroachment permit from the City prior to conducting such work. Such permits will continue to expressly provide that SiFi is responsible, as described in this Agreement, for relocation of its facilities in the event that the facilities create conflict, as described in this Agreement, with any pending or subsequent City Project in the encroachment area.

Nothing herein shall be construed as a promise, warranty, or guarantee of approval of any permit, license, or other land use approval which may be required.

No permit, license, or other land use approval of any other approval requested by or required if SiFi shall be unreasonably withheld, conditioned or delayed. Furthermore, SiFi shall have no liability for and shall not be deemed to be in breach of any of its obligations hereunder, if the necessary permits, licenses or approvals are not issued or are issued but not timely by the City, unless the failure to issue or delay in issuing is the fault of SiFi. SiFi is solely responsible for any permit or approval from any other public agency that may be required for the work. This Section 2.5.3 does not apply to any discretionary land use approval from the City which may be required as a result of the final design for SiFi’s work in the Public Way, which cannot be ascertained as of the Effective Date due to the lack of a final design.

2.5.5 Such permitting process shall be facilitated by a single point of contact (“SPOC”), with SiFi’s prior consent subject to a mutually agreed in advance and in writing fee schedule for such consultant’s costs (“SPOC Costs”), within the City’s Engineering Department.

The SPOC in the City’s Engineering Department will be responsible for facilitating and expediting the plan check, permitting process, inspections and communicating with SiFi and its contractors, the City Council, and the general public regarding the construction process and progress.

2.6 Invoices and Payments – Monthly Reimbursable Amounts. Beginning with the first business day of the month following the first permit application submitted by SiFi and until Substantial Completion, City will invoice SiFi on the first business day of each month for actual City costs and fees incurred by the City during the previous month including administration of the Permitting Process described in Section 2.5 above, plan check fees, encroachment permit fees, inspection fees, and any other applicable fees, including staff time and SPOC costs of processing and reviewing all applications by SiFi and/or its contractors (collectively, the “Monthly Reimbursable Amounts”). City represents and warrants that such Monthly Reimbursable Amounts are and will be a fair market value of all City costs incurred by the City in fulfilling its obligations under the Agreement. Each such monthly invoice shall be payable within thirty (30) days of receipt.

2.7 Fees, Expenses and other Charges. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs, fees and expenses incurred in executing and performing this Agreement. For the avoidance of doubt, because of the payment of the Monthly Reimbursable Amounts, City agrees (i) that SiFi shall not be responsible and liable for any other or additional fees or payments to the City in connection with this Agreement or the permitting process in excess of the Monthly Reimbursable Amounts (i.e. City’s cost recovery for the service of SPOC and staff administration), including any assessment or fees that otherwise would or might be levied by the City separately for use of the Public Way, provided that SiFi shall be responsible for Federal, State and local taxes in connection with the System. Pursuant to California Revenue and Tax Code Section 107.6, a possessory interest subject to taxation may be created by this Agreement and SiFi agrees to be responsible for payment of any such taxes. The City agrees that this Agreement shall not require SiFi to comply with or otherwise be subject to, unless such requirement is legally allowable under Federal and California state law, any obligations or liabilities as a grantee of a franchise under the City’s municipal code, ordinances or similar laws.

Franchise Fees. SiFi shall include language in all agreements with Service Providers requiring that the Service Providers comply with all City, State and Federal laws and/or requirements for obtaining a franchise agreement and payment of franchise fee payments to the City. To the extent SiFi has knowledge that any Service Provider has failed to make the appropriate franchise fee payment to the City, the Service Provider will be considered in default under its agreement with SiFi and SiFi has the right to terminate said agreement. SiFi shall provide notice to City of the identity and details of business operations of all Services Providers accessing the System to allow City to determine whether the Service Provider must obtain a City franchise. In addition, and in the event that any Service Provider fails to obtain a franchise where required to pay the appropriate Franchise Fee, SiFi shall reasonably and to the extent legally allowed cooperate, including but not limited to providing information on number of Service Provider active subscribers, with any enforcement action brought against the Service Provider.

City agrees that it shall not charge a franchise fee to both SiFi and a Service Provider for the same time period.

2.7.2 The City agrees that City bonding and insurance requirements will be satisfied by bonds and insurance coverage provided as part of the encroachment permit application and supplied by the Construction Contractor (as principal) performing the construction of the System.

Such bonds and insurance documentation to be supplied prior to the start of Construction.

Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 2.7 will survive expiration or termination of this Agreement. SiFi shall, at its own expense, obtain and maintain in full effect throughout the Term a City business license, and shall require that each of its contractors and subcontractors obtain a City business license if required based on the work in the City.

2.8 Relocation, Modification, or Alterations. Excluding relocations requested by the City pursuant to this Agreement and repairs or maintenance to the System, SiFi may not relocate, materially modify, or materially alter the System components any time after issuance of the permit(s) for the System, except upon City’s written approval which approval will not be unreasonably withheld, delayed, or conditioned, except as necessary to protect the public health and safety.

SECTION 3

3. The System.

3.1 System Description. SiFi will install the System within the Boundary using the Public Way. The System shall use fiber optic cable emanating from the Shelter to the applicable Cabinet in the Public Way and then to the private Premises Wall for each applicable Primary Premise. The City acknowledges and agrees that SiFi has the right to install the System within the Boundary using the Public Way in order to make the delivery of Service over the System available to all Primary Premises within the Boundary. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way at this time and that SiFi shall submit such designs specification, plan and associated details to the City for approval when ready. The City will work with SiFi to approve the physical location of the fiber optic cable and other equipment and components of the System in, on, over, under, upon, across, or along the Public Way and from the Public Way to the Premises Wall.

3.2 Permits and General Obligations.

3.2.1 City and SiFi will act in good faith and cooperate with each other to facilitate the successful completion of the entire project. SiFi shall submit to the City a proposed phasing plan and construction schedule showing each individual discrete project work zone. There will be a total of approximately twelve (12) individual work zones and each work zone will include its own set of engineered improvement plans signed and sealed by the Engineer of Record (as defined below) which include any typical details or standard plans approved by the City. Each work zone will require its own permit with its own set of conditions of approval. Proof of insurance coverage pursuant to this Agreement must be submitted with each permit application. The City will inspect all construction work provided by SiFi's contractor to ensure the work is in substantial conformance with the approved work zone improvement plans, work zone permit conditions of approval, ensure quality workmanship in the restoration of the Public Way, as well as to ensure the contractor is not negatively impacting surrounding residential and business communities during the course of construction. Allowable construction hours are 7 am to 7 pm on residential streets, 8:30 pm to 4:30 pm for arterial streets.

3.2.2 Construction and installation of the System shall be performed in a safe manner using materials of good and durable quality. All transmission and distribution structures and equipment installed by SiFi Networks for use in the System in accordance

with the terms and conditions of this Agreement shall be located so as to minimize interference with the proper use of the Public Way and the rights of property owners who own property that adjoins any such Public Way.

SECTION 4

4. Construction and Facilities.

4.1 The City acknowledges and agrees that SiFi and its contractors intend to use varying construction techniques for the System Construction and deployment, which may include, any of the following:
(i) traditional open trench and/or directional boring;
(ii) slot cut Microtrenching as set forth in the specifications set forth in this Agreement;
(iii) In addition to notification of DigAlert and potholing, the use of a ground penetration radar system as the primary method for identifying underground utilities prior to any Microtrenching; and/or To the extent consistent with the Green Book (i.e. Standard Specifications and Public Works Construction) and the City of Fountain Valley Public Works standards, the City hereby approves each of the above referenced construction methods and the specifications in Attachment 1 to this Agreement and agreesto work cooperatively and in good faith with SiFi in requiring and reviewing all other potential construction methods when the circumstances reasonably require deviation from the specifications in Attachment 1.

The details and standards outlined in this agreement will generally guide and will be primarily used in the construction of the System and can be included in the engineered improvement plans submitted for each permitted work zone. All typical standards and details must be prepared by the Engineer of Record and all improvement plans submitted to the City for its review must first be signed and sealed by the Engineer of Record. In non­typical circumstances outside of the typicals in Attachment 1 engineered solutions may be required, the Public Works Director and/or City Engineer may propose alternative techniques to SiFi's contractor where the design details described in Attachment 1 are deemed inappropriate by the City in his reasonable professional discretion.

SiFi shall be solely responsible for all repairs, maintenance, and adjustments, and damage to the System, not caused by City’s active negligence or willful misconduct. The City shall be liable to the extent any loss or damages to the System or other property and equipment results from the sole active negligence or sole willful misconduct of acts or omissions by the City or its agents.

City agrees SiFi's contractors working hours are Monday through Friday from 7:00 AM to 7:00 PM on residential streets; provided that, work will be performed as specified below:
7AM - 8AM Toolbox talks / Prep / Move to site, etc.
8AM - 4PM Microtrenching / Handholes / Laterals, etc.
8AM - 6PM Reinstatement/ Handholes / Laterals, etc. 6PM - 7PM Site clean-up, etc. 7PM off-site. All material stockpiles, equipment, and contractor equipment to be completely removed from the public right-of-way by 7 p.m.

Arterial streets work hours are limited from 8:30 am to 4:30 pm.

Work on Saturdays requires pre-approval and may be allowed between the hours of 9 a.m. to 5 p.m. to perform punch list repairs and other clean-up activities only. After the first three occurrences by SiFi's contractor of a failure to comply with the above work hours, the City will have the right to assess SiFi a $2,000 penalty on any day a violation of the stated work hours occurs. No work shall occur on Sunday and Federal holidays. If the contractor violates this provision more than 3 times in a single week the City may call a meeting with the executives from SiFi and its contractor to discuss and agree on a strategy to prevent future violations from occurring.

SiFi will maintain and staff a toll-free telephone line and customer service primary answering point to answer questions and address concerns and complaints from the public during the course of construction of this project.

SiFi shall during the course of construction of this project, maintain a work crew dedicated to completing construction punch list work and repairs prepared by the City's Inspector from the previous day's work.

The installation of the System will be constructed so as to install all conduit with a separation barrier layer of sand, or other material as reasonably accepted and approved by the City Engineer based on his/her professional engineering judgement and according to industry standards and practices, to separate the conduit from the micro-trench solid fill material, as specified in the definition of Microtrenching which cover includes the separation barrier layer, except for instances where a different conduit location depth is required as described herein.

The installation of the System (and any relocated installations) will be constructed with a micro-trench fill material that is compatible with standard pavement reconstruction grinding machine operations to avoid damage to the microtrench installation during City

grind and overlay street projects and to minimize relocation of the SiFi facilities. Such micro-trench fill material will be approved for use by the City, unless the City Engineer provides evidence after additional actual use and experience and documentation that such micro-trench fill is not millable, displays failure points, creates any type of monolithic structure/chunking of surrounding material, other performance-related issues, or other performance failures of such micro­trench fill material.

4.2 Location of Shelters/Facilities.

Facilities. During the Term, the City shall provide SiFi, as needed, with access to and use of the Facilities for the installation and operation of up to two (2) SiFi’s Shelters (approximately 1,000 square feet per location for each Shelter) subject to a separate lease agreement to be negotiated in good faith between the parties including payment by SiFi of fair market value for the use and occupancy of each such Shelters Lease Area on Cityowned land.

Shelters and Cabinets Locations. SiFi agrees to provide engineering designs including intended locations of the Shelters and Cabinets required for the System to the City prior to Construction in accordance with City's permitting process. The City and SiFi agree to cooperate in the selection of suitable sites for the Shelters and Cabinets. However, City has sole and absolute discretion to reject a proposed location; provided that, the City will use reasonable efforts to offer suitable alternative locations.

SECTION 5

5. Oversight and Regulation by City.

Oversight of Construction. The City shall have the authority, for all work occurring in the Public Way to issue a Stop Work Order to SiFi and/or SiFi's contractor for material deviations or deficiencies of work including, but not limited to, failure to abide by work zone permit conditions of approval, non-conformance with approved plans, and failure to complete punch list work and repairs under the following circumstances:
(a) City will provide SiFi and its contractor notice of non-compliance with (i) construction inconsistent with approved plans or
(b) (ii) safety violations which include operation of vehicles and traffic control measures that the City determines, in its reasonable professional discretion, is serious enough to order the work stopped and/or,
(iii) failure to complete punch list work and repairs.
(c) SiFi will have two (2) working days to cure and remedy the items stated in the notice of non-compliance, or if the problem cannot be cured in two working days, to have met with the City and come to a good faith agreement on a compliance

plan.
(d) Upon completion of the required compliance measures and notification to the City, City will inspect the work and/or contractor operations to approve, which approval shall not be unreasonable, in their professional discretion delayed, conditioned or withheld, compliance measures.

If non-compliance still exists, in the City’s reasonable professional discretion, City will issue a stop work notice to be effective on the next working day for the portion of the work area affected by the notice of non-compliance, which will continue in force and effect until the items stated in the notice of non-compliance have been corrected and approved by the City, in City’s reasonable discretion.

5.1 Compliance with Applicable Laws. SiFi and the City shall, at all times during the Term, be subject to and comply in all material respects with all applicable federal, state laws and local laws regarding the Construction of the System in the Public Way.

5.2 Treatment of Confidential Information. Except for local, state and federal law, including without limitation, the State’s California Public Records Act (“CPRA”) and open meeting laws, subpoenas and court orders, the City agrees that, without the prior written consent of SiFi, all information regarding the System, including plans, drawings, designs, conceptual renderings, specifications, photographs, reports, manuals, and other documents (“Confidential Information”) and so labeled as confidential, is proprietary and shall be kept confidential and shall not be disclosed to any Persons other than the City's authorized employees, representatives, staff and consultants (collectively, “Representatives”) with a need to know such information as determined by the City. The City shall cause its Representatives to observe the confidentiality obligations described herein and shall be responsible for any breach of these obligations by any of its Representatives. The City agrees to promptly notify SiFi if the City receives a CPRA request relating to SiFi or the System so that SiFi, at its sole cost and expense, may take any appropriate steps to protect disclosure of Confidential Information. As permitted by law, City shall promptly upon the written request of SiFi or the termination of this Agreement, return to SiFi or destroy (any such destruction shall be subject to the City’s Records Retention and Destruction Policy or other applicable laws, and certified in writing by an officer of the City) all copies of the Confidential Information and all other documents prepared by the City that contain or reflect the Confidential Information. Notwithstanding anything to the contrary contained in this Agreement, the City’s obligations set forth in this Section 5.3 will survive expiration or termination of this Agreement.

SECTION 6

6. Insurance.

Without limiting liability hereunder, SiFi shall procure and maintain from the date of start of construction for the duration of the term of the Agreement, insurance against claims for injuries to

persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the SiFi, its agents, representatives, employees, or subcontractors.

6.1 Minimum Scope and Limit of Coverage.

Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Coverage shall include blanket contractual liability and broad form property damage, premises, operations, explosion, collapse, underground hazard (commonly referred to as “X”, “C” and “U” coverages
B. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

E. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy in the aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least one (1) year after completion of contract work.

F. Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

If the Contractor or SiFi maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor or SiFi. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City.

6.2 Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City in its sole and absolute discretion. At the option of the City, SiFi shall cause the insurer to reduce or eliminate such selfinsured retentions as respects the City, its officers, officials, employees, and volunteers; or SiFi shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6.3 Other Insurance Provisions:

A. Additional Insured. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of SiFi including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of SiFi. General liability coverage can be provided in the form of an endorsement to the SiFi’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

B. Primary Insurance. For any claims related to this project, SiFi’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the SiFi’s insurance and shall not contribute with it.

C. Notice of Cancellation. SiFi shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, SiFi shall forthwith obtain and submit proof of substitute insurance.

D.Builder’s Risk (Course of Construction) Insurance. SiFi may prior to commencement of Construction, if requested by the City, submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

F. Waiver of Subrogation. SiFi hereby agrees to waive rights of subrogation which any insurer of SiFi may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

G. Verification of Coverage. SiFi shall furnish the City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before the date of the start of Construction. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

H. Contractor/Subcontractors. SiFi shall require and verify that the Contractor and all subcontractors maintain insurance meeting all the requirements stated herein, and SiFi shall require, to the extent possible, the Contractor and all the subcontractors to list City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

I. Special Risks or Circumstances. City reserves the right to modify, at any time, these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

SECTION 7

7. Parties' Obligations.

7.1 Obligations of the City. In addition to all other duties and obligations contained elsewhere in this Agreement, City has the following duties and obligations:
(i) Provide the SPOC for SiFi, which SPOC will be responsible to address all issues related to the System, providing coordination with and act acting as a liaison to City departments, and serving as a communication and troubleshooting resource for SiFi.

(ii) Offer the reasonable cooperation of all City departments with respect to relevant issues with respect to the System. City shall also require the SPOC to facilitate such cooperation.
(iii) Subject to Section 3.2, provide SiFi and its representatives with access to all City property and infrastructure for which a permit has been issued to SiFi for the installation, inspection, and maintenance of the System and for any other reasonable business purpose with respect to the System, with no additional charge by the City, except for the Monthly Reimbursable Amounts payments, for such access following completion of construction. Such notice shall not be required for any City property that is generally accessible by the general public during the hours that SiFi requires access. SiFi agrees to comply with all protocols and procedures for access required by any specific locations owned by the City, SiFi and/or any contractors it hires will be required to obtain encroachment permits and pay any related permit and inspection fees and comply with all other standard encroachment permit conditions of approval for future maintenance and/or repairs and/or alterations to its System located within the Public Way. (iv) Participate in regular status meetings for the coordination of all matters related to the System.
(v) Provide efficient and diligent, good faith review of all applications for permits submitted by SiFi or its representatives or contractors, including permits or other necessary items for construction work on the System within the Public Way.
(vi) For emergency repair work performed (or caused to be performed) by the City, the City agrees to take reasonable actions to protect any conflicting SiFi facilities, such reasonable protective actions to be considered in light of the facts and circumstances creating the need for the emergency repair work. The City need only notify SiFi prior to emergency repair work in the event a conflict is identified, and only if time allows based on the nature of the emergency repair and consideration of public safety. For emergency repair work, if the City deems relocation necessary and City further deems that there is time to allow for such relocation, SiFi shall be notified of the requirement to relocate and it shall be SiFi's full responsibility to pay for and perform the relocation in a timely manner as required by the City. For emergency repair work, if SiFi fails to relocate, the City and its contractor will not be held liable in any way for damage to SiFi's facilities. If feasible, and there is sufficient time in light of the nature of the emergency, as determined by the City Engineer, City will cooperate with SiFi to relocate the impacted facility in order to minimize damage. If, due to the

emergency, there is insufficient time to notify SiFi of a conflict with the emergency repair, under no circumstances shall the City or its contractor be responsibleor liable for any claim of damage to SiFi's facilities during emergency operations and/or for any claims related to such damage, including interruption of service delivery or any other consequential damages.
(vii) When reasonably able, City will provide SiFi with a least thirty (30) days advance notice of any work in the Public Way that requires the relocation of the System. In addition, where necessary, the City will provide SiFi with an opportunity to access the System at the time of the excavation in the Public Way by others. City agrees to and shall require its contractors to exercise Reasonable Care in performing such work to avoid damage to the System..
(viii) City agrees that SiFi shall have the right to construct and maintain the System on recently resurfaced public streets. (ix) City hereby agrees that access to and from the FAB and/or or Toby Box to extend the Drop to a Premise does not require permits from the City.

7.2 Obligations of SiFi. In addition to all other duties and obligations contained elsewhere in this Agreement, SiFi has the following duties and obligations:
(i) Work closely with the SPOC and relevant City departments with respect to the construction of the System.
(ii) Comply with all requirements of City for permit and Public Way use applications, to the extent they may be required. (iii) Maintain or provide for the maintenance of the System. (iv) SiFi and its contractors shall register with the State’s Dig Alert safe excavation notification system; and
(v) SiFi shall not be required to relocate for any routine curb and gutter and sidewalk maintenance and repair including without limitation repair of potholes, milling and repaving of roadways; provided that, City agrees to and shall require its contractors to exercise Reasonable Care to avoid damage to the System.

Except for the immediately preceding paragraph and when work to be performed by the City or its contractors is reasonably required to be

within two inches (2”) radius from the SiFi System in accordance with industry standards (“Conflict”), City shall provide SiFi with not less than sixty (60) days written notice of such Conflict and City shall provide all reasonable accommodations including excavating to the SiFi impacted facilities as reasonably requested by SiFi to allow and facilitate coordination with the City contractor in order for SiFi to protect, or to temporarily or permanently relocate the impacted portion of the System; provided that, SiFi shall bear the direct reasonable cost for (i) relocating the affected portion of the SiFi System; and (ii) additional delays or costs incurred by the City forsuch Conflict work. If SiFi failsto act on such notice of Conflict within sixty (60) days from receipt, City will not be liable to SiFi for any resulting damages to the System.

SECTION 8

8. Breach; Rights and Remedies; Termination; Indemnification.

8.1. SiFi Breach or Default. In the event the City believes that SiFi has not complied with or is otherwise in default with regard to any material term of this Agreement, the City shall promptly notify SiFi in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “City Breach Notice”). City agrees that it shall not issue a City Breach Notice and shall not raise any claims for breach against SiFi, if such breach would not have occurred or such claim would not have been raised had the City issued a permit(s) required and when required, when SiFi has provided the reasonably required information for such a permit, to construct the System or any part thereof to SiFi or its contractor(s), or if City’s breach of this Agreement or conduct by City, excluding a legitimate stop notice or similar notice by City, causing such alleged breach that materially interferes with SiFi’s ability to perform its obligations under the Agreement.

8.1.1 SiFi’s Right to Cure or Respond. SiFi shall have thirty (30) calendar days from its receipt of a City Breach Notice (the “Initial SiFi Cure Period”) to:
(i) respond to the City, contesting the assertion of
noncompliance or default and in such event, the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) days of SiFi’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the Initial SiFi Cure Period, so long as SiFi initiates reasonable steps to remedy

and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies the City of the steps being taken and the projected date that they will be completed, the Initial SiFi Cure Period shall be extended for a reasonable amount of time to permit such cure but not to exceed ninety (90) days from SiFi’s receipt of a City Breach Notice (the “Extended SiFi Cure Period” and together with the Initial SiFi Cure Period, the “SiFi Cure Period”).

8.1.2 City Rights and Remedies.
(i) Except as provided in Sections 8.1.2(ii) and (iii) below which shall control in connection with the events described therein, if SiFi fails to cure any actual noncompliance or default as provided in Section

8.1.1(ii) above within the SiFi’s Cure Period, the City may:
(a) seek specific performance of any provision of
this Agreement which lends itself to such remedy as an alternative to money damages;
(c) hire a contractor to complete repairs/work
and SiFi to pay actual market costs plus overhead; or
(d) in the event of the breach of, noncompliance
with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.
(ii) SiFi to continue all network operations necessary to maximize use of the existing FON in accordance with this Agreement; provided, however, the City shall have authority over all extensions of the FON in the Public Way.

In the event City elects to permit SiFi to continue all network operations, such permission may include mutually agreed and executed amendments. (iii) Notwithstanding anything to the contrary in this Agreement, in no event shall the City be permitted to terminate this Agreement if the City is in breach of or default under this Agreement.

8.2 City Breach or Default. In the event SiFi believes that the City has not complied with or is otherwise in default with regard to any term of this Agreement, SiFi shall promptly notify the City in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “SiFi Breach Notice”).

8.2.1 City's Right to Cure or Respond. The City shall have (30) days from its receipt of a SiFi Breach Notice (the “City Cure Period”); provided that the City Cure Period for a failure of the City to review permit applications

and issue a permit(s) necessary to construct the System as required under Sections 3.2 and 7.2.1(iv) (a “Permit Issuance Breach”) shall be ten (10) business days from its receipt of a SiFi Breach Notice to:
(i) respond to SiFi, contesting the assertion of noncompliance or default and in such event, the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) calendar days of the City’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable, but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the City Cure Period, so long as the City initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies SiFi of the steps being taken and the projected date that they will be completed, the City Cure Period shall be extended for a reasonable amount of time to permit such cure, but not to exceed sixty ( 60) days from the City’s receipt of a SiFi Breach Notice (the “Extended City Cure Period”); provided further, however, no Extended City Cure Period shall apply to a Permit Issuance Breach.

8.2.2 SiFi Rights and Remedies. If the City fails to cure any actual noncompliance or default as provided in Section 8.2.1(ii) above within the applicable City Cure Period, SiFi may:
(i) seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages; and (iii) in the event of the breach of, noncompliance with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.

8.3 Additional Rights to Terminate.

8.3.1 At any time prior to commencing Construction or in the event the City fails to comply with the requirements of the Agreement, SiFi shall have the immediate right, at its option, upon written notice to the City to terminate this Agreement and shall be entitled to any and all other rights and remedies available to it at law or in equity.

8.3.2 A Party shall have the right, at its option, upon notice to the other Party to terminate this Agreement if the other Party becomes (i)

insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (ii) subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes which is not rescinded or dismissed within thirty (30) days.

8.4 Indemnification.

8.4.2 SiFishall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of SiFi, its officials, officers, employees, agents, and contractors/subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all attorney’s fees and other related costs and expenses except where caused by the active negligence, sole negligence, or willful misconduct of the City its officers, officials, employees and volunteers. SiFi shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, representatives, consultants, agents or volunteers. SiFi shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. SiFi shall reimburse the City, its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. SiFi’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City its officials, officers, employees, agents or volunteers. In no event shall City be liable for any damage or cost arising out of the failure of the System to provide Services except for failures directly caused by City’s acts or omissions.

Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 8.4 will survive expiration or termination of this Agreement.

8.5 Limitation of Liability. EXCEPT WITH RESPECT TO A BREACH OF THE CITY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 5.3, IN NO EVENT WILL

EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,

CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF

ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY LOST SAVINGS OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND ITS

AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS,

MEMBERS, EQUITY AND DEBT HOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS

AND REPRESENTATIVES AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, FROM CLAIMS FOR ANY SUCH DAMAGES. The parties’ aggregate liability under this Agreement shall be limited to the higher of five million dollars ($5,000,000) or the amount of available applicable insurance coverage. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 8.5 will survive expiration or termination of this Agreement.

SECTION 9

9. Disputes.

9.1 For all claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System which cannot be settled through negotiation, the Parties agree first to try in good faith to settle the matter by mediation in the County where the City is located, prior to commencing litigation.

9.2 All claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be decided in a court of law. The sole and exclusive venue for all claims, disputes or controversies arising out of, or in connection within the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be the United States District Court with applicable federal jurisdiction for the City, or if there is no federal court jurisdiction, the state courts in the County where City is located.

SECTION 10

10. Miscellaneous Provisions

10.1 Assignment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective successors and assigns as provided herein. Except as provided otherwise herein, neither Party shall be permitted to assign, sell or transfer this Agreement, or its rights and duties under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. SiFi shall have the right to assign, novate, sell, encumber, or transfer this Agreement and the System or any part thereof, only with the consent, which shall not be unreasonably withheld, conditioned, or delayed, of the City to SiFi’s principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all of the SiFi's assets in the market by reason of a merger, acquisition, or other business reorganization, provided such assignee, purchaser, or transferee has all appropriate licenses, to the extent SiFi’s licenses, permits and approvals cannot be assigned or transferred, for the operation, management, and maintenance of

the facilities contemplated herein and sufficient financial resources to fulfill all applicable terms and obligations under this Agreement. At least thirty (30) days prior to the effective date, or as soon as practicable, of any such assignment, sale or transfer, SiFi shall provide City with a fully executed copy of the assignment, sale or transfer document, signed by both SiFi and assignee/purchaser/transferee, indicating the assignee's/purchaser's/ transferee's assumption of all of SiFi's performance duties, liabilities and obligations under this Agreement. SiFi shall not be relieved of its performance duties, liabilities or obligations under this Agreement until City is in receipt, of a fully executed copy of the document evidencing such assignment of the obligations herein and the assignee’s/purchaser’s/transferee’s assumption of SiFi’s performance duties, liabilities, and obligations under this Agreement. Otherwise, SiFi may not otherwise assign this Agreement or the System without City’s consent, City’s consent not to be unreasonably withheld, conditioned, or delayed. Upon any such fully executed assignment, sale, transfer, or novation, SiFi shall be released from all obligations and liabilities under this Agreement from and after the date of such assignment. SiFi shall give the City fourteen (14) days' advance notice of such assignment, sale, transfer or novation disclosing the identity of the Person to whom it has been assigned, transferred, sold or novated. The City agrees, upon request, to promptly deliver (and in no event later than ten (10) days after request by SiFi) to SiFi an estoppel certificate addressed to the assignee, buyer or transferee designated by SiFi, affirming for the benefit of such buyer, assignee or transferee the following (to the extent that the following are then true): the Agreement is in full force and effect; SiFi is not in default thereunder; and such other matters as such assignee, buyer or transferee may reasonably request.

10.2 Force Majeure. Except as otherwise expressly set forth in this Agreement, neither party will not be held in default under, or in breach or noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of this Agreement), where such noncompliance or alleged defaults occurred or were caused by any of the following events (each a “Force Majeure Event”):
failure by the City to issue permit(s) required to construct the System or any part thereof to SiFi or its contractor(s), failure by the other party to comply with this Agreement, conduct by the the other party that materially interferes with a party’s ability to perform, labor strike, riot, war, earthquake, flood, hurricane, pandemic, drought, tornado, or other act of nature that interferes with the ability to perform, labor disputes, failure of utility service necessary to construct the System, governmental, administrative or judicial order, or other event that is beyond a party’s reasonable control. Force Majeure Events also include work delays caused by waiting for (i) utility providers to service or monitor their own utility infrastructure as well as unavailability of materials and/or reasonably qualified labor to perform the work or (ii) third parties’ acts or omissions within the Public Way which materially interfere with the ability to perform its obligations under this Agreement.

10.3 Notice. All notices and communications hereunder shall be in writing and shall be served upon the other party by hand delivery, nationally recognized overnight delivery service, United States certified mail, return receipt requested, or by electronic mail and addressed as follows:

IF TO THE CITY:

City of Fountain Valley,
City Hall
10200 Slater Ave,
Fountain Valley, CA 92708
Attn: City Manager
Cc: Hye Jin Lee, Public Works Director
Email: [email protected]
IF TO SIFI:

SiFi Networks Fountain Valley LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
Email: [email protected]
or to such other address as such Party may hereafter specify for the purpose by notice to the other Party in the manner provided in this Section 10.3. All such notices, requests and other communications will be deemed received on the date of receipt if received prior to 5 p.m. on any business day in the place of receipt. Otherwise, any such notice, request or communication will be deemed not to have been received until the next succeeding business day in the place of receipt.

Rejection or other refusal to accept or inability to deliver because of change of address of which no notice was given shall be deemed to be receipt of the notice.

10.4 Entire Agreement. This Agreement, including all attachments, embodies the entire understanding and agreement of the City and SiFi with respect to the subject matter hereof.

This Agreement supersedes all other agreements whether written, verbal, or otherwise between SiFi and the City with respect to the subject of this Agreement.

10.5 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement (which other terms and provisions shall remain in full force and effect) or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

10.6 Governing Law;. This Agreement shall be deemed to be executed in the State of California and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of California as applicable to contracts entered

into and performed entirely within the State of California, irrespective of conflict of laws principles.

10.7 Modification. This Agreement shall not be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and SiFi. For the avoidance of doubt, this Agreement cannot be amended or modified orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to amend or modify this Agreement in whole or in part.

10.8 No Third Party Beneficiaries. Nothing in this Agreement or in any prior agreement is or was intended to confer third-party beneficiary status on any party or person not a party to this Agreement including a member of the public.

10.9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural that SiFi or the City may have under federal or state law unless such waiver is expressly stated herein.

10.10 No Rights to the System. The City expressly agrees that, except as expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the System, throughout the term of this Agreement. SiFi shall, at all times during the Term of this Agreement and until the System has been abandoned as described in Section 2.1.2, retain title to and ownership of the System and all future extensions of the System, and shall have the right to lease the System or parts thereof to a provider of internet, data, voice, video and other services.

10.11 Representations and Warranties.

10.11.1 The City represents and warrants to SiFi that: (a) it has full authority (including the authority required by any applicable law, ordinance, rule or regulation) to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the right, power and authority of the City and have been duly authorized by all necessary action on the part of City, (b) this Agreement has been duly executed and delivered by the City and it constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by the City and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to the City.

10.11.2 SiFi represents and warrants to the City that: (a) it has full authority to enter into and perform this Agreement and the execution, delivery,

and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the power and authority of SiFi and have been duly authorized by all necessary action on the part of SiFi, (b) this Agreement has been duly executed and delivered by SiFi and it constitutes a legal, valid and binding agreement of SiFi enforceable against SiFi in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity); (c) the execution and delivery of this Agreement by SiFi and its performance hereunder and thereunder will not violate any law, rule, or regulation applicable to SiFi; and (d) prior to commencement of Construction, .

10.11.3 OTHER THAN THE EXPLICIT REPRESENTATIONS

AND WARRANTIES MADE BY SIFI TO CITY UNDER THIS

AGREEMENT, THE PARTIES MAKE NO REPRESENTATIONS OR

WARRANTIES TO ANY PERSON WITH RESPECT TO THE SYSTEM (OR

THE COMPONENTS THEREOF) AND HEREBY DISCLAIMS ANY AND

ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING,

WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERRORFREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES

ARISING FROM A COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT SIFI

MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY

IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH

WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH
LAW.

10.12 Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either SiFi or the City.

10.13 No Partnership. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the City and SiFi or any other relationship other than a contractual relationship as expressly set forth in this Agreement. Neither Party shall in any manner act or indicate to any third party that is acting as the agent of the other Party. SiFi shall at all times remain an independent contractor. Neither Party shall control or direct the day-to-day affairs of the other Party, or their mode or method of performing their respective obligations hereunder.

10.14 Headings. The headings and captions of this Agreement are solely for the convenience of the Parties and shall not be deemed to modify or vary any of the substantive terms thereof.

10.15 Construction. Each of the Parties acknowledges that each Party to this Agreement has been represented by counsel in connection with this Agreement. Legal or equitable principles that might require the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement and is expressly waived. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement. References to Articles, Sections, and clauses are to Articles, Sections and clauses of this Agreement unless otherwise specified. Any singular term in this Agreement will be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively.

10.16 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed an original, with the same effect as if the signatures were upon the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (including PDF) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

10.17 Further Assurances. Each Party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other Party to effectuate the purposes and intention of this Agreement.

10.18 No Waiver. No provision of this Agreement may be waived unless such waiver is in writing and signed by the Party against whom the waiver is to be effective. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. [Signature page follows]

IN WITNESS WHEREOF, the Parties have caused this Development Agreement to be executed as of the day and year stated above.

CITY OF FOUNTAIN VALLEY, a California
Municipal Corporation
By:__________________________________
Patrick Harper, Mayor
ATTEST:
____________________
City Clerk
APPROVED AS TO FORM:
__________________________________________
Attorney for the City
APPROVED AS TO CONTENT:

By: _________________________________
Hye Jin Lee, Director of Public Works
Dated: ____________, 2022

SIFI NETWORKS FOUNTAIN VALLEY LLC,
a Delaware limited liability company
By:__________________________
Its:___________________________
Dated: ____________, 2022

EXHIBIT A

SPECIFICATIONS, SHELTERS, CABINETS

PAGE# 1 Page 545
PAGE# 2 Page 546
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
2' VARIES R/W 2'
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY WITH A CURB RETURN

ROADWAY

WITH A CURB
RETURN PAGE# 3 Page 547
S/W ℄
MICROTRENCH PATHWAY (TYP.)
A.C. PAVEMENT
EOP
FOC
2' VARIES R/W 2'
S/W
EOP
FOC
R/W

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY WITH CURB & GUTTER - VARIANT A

ROADWAY

WITH A CURB
RETURN VARIANT A PAGE# 4 Page 548
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W 2' VARIES 2'
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 10" TRENCH DEPTH
14" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND

FINISH ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 10" TRENCH DEPTH
14" MAX
1"-2" SAND COVER

ROADWAY REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH
℄

EXISTING COLD JOINT WITH
3-#4, 4' LONG DOWELS (TYP.)

DO NOT CUT
FLOW LINES (TYP.)
MICROTRENCH (TYP.)
MICROTRENCH (TYP.) S/W
EOP
FOC
2' VARIES
R/W
2'
S/W
EOP
FOC
R/W

SPANDREL SPANDREL
8' CROSS GUTTER
ARTERIAl ROADWAY WITH CURB AND GUTTER -

VARIANT B
ARTERIAl ROADWAY

WITH A CURB
RETURN VARIANT B PAGE# 5 Page 549
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W 2' VARIES 2'
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

12.5' MINIMUM RADIUS

12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY WITH CURB AND GUTTER - VARIANT C

ROADWAY

WITH A CURB AND
GUTTER VARIANT C PAGE# 6 Page 550
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
2' VARIES
R/W
2'
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT 30'

12.5' MINIMUM RADIUS 12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER 8" TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH

ROADWAY CROSSING

ROADWAY

CROSSING
PAGE# 7 Page 551

ROADWAY

5.5'

TREE BELT
4'

SIDEWALK

CONCRETE W/PAB

1.25" (TYP) - 2" (MAX)

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

SOFT FILL
TOTAL

REINSTATEMENT
COVER 8"
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.
12" PIT

PUSH UNDER CURB
12" PIT

PUSH UNDER CURB
PAGE# 8 Page 552

ROADWAY
4' SIDEWALK CONCRETE W/PAB

1.25" (TYP) - 2" (MAX)

TRENCH DEPTH
12" MAX
1"-2" SAND COVER
TOTAL REINSTATEMENT COVER 8"
1/8"

REINSTATEMENT MATERIAL / FLOWABLE FILL
Over Band Seal WITH COLOR MATCHING

SAND FINISH
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W
S/W
EOP
FOC
R/W
℄

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.
2" (TYP) - 6" (MAX)

TRENCH DEPTH

VARIES DUE TO

DEPTH OF REBAR
REBAR

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

CONCRETE ROADWAY
1/8 " Over Band Seal WITH COLOR MATCHING SAND
FINISH
PAGE# 9 Page 553

TRENCH DEPTH
12" MAX
ROADWAY 1"

MICRO DUCTS
TUNNEL UNDER ROADWAY WITH HAMMER DRILL. MICRO
TRENCH STOPS 1" EACH

SIDE OF SHALLOW UTILITY
1"
1"-2" SAND COVER

TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW. MICROTRENCH

REINSTATEMENT MATERIAL / FLOWABLE FILL
Over Band Seal WITH COLOR MATCHING SAND
FINISH
S/W
EOP
FOC
2' VARIES
R/W
2'
S/W
EOP
FOC
R/W
℄

TUNNEL UNDER TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

MICROTRENCH (TYP.)
MICROTRENCH (TYP.)
A.C. PAVEMENT

CONCRETE CURB & GUTTER ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL REINSTATEMENT COVER *VARIES* TRENCH DEPTH
12" MAX
1"-2" SAND COVER

TUNNEL UNDER ROADWAY WITH HAMMER DRILL

TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

REINSTATEMENT MATERIAL / FLOWABLE FILL
PAGE# 10 Page 554
CURB

STORM GRATE

FILTREXX SOXX

EXCESS SOXX MATERIAL TO BE DRAWN IN AND TIED OFF TO
2X2 WOODEN STAKE (TYP.)
CURBSIDE OPTION "A" PLAN CURBSIDE OPTION "B" PLAN

MANHOLE CURB OPENING

OVERFLOW

GAP AGGREGATE
POUCH

CURB FILTER
STANDARD CHAmBER/INlET pROTECTION

STANDARD
CHAmBER/INlET
pROTECTION

CHAMBER

CHAMBER
PAGE# 11 Page 555
9' X 23'-7 1
4 " SHELTER

CONCRETE FOUNDATION/SLAB HVAC
26'-5 1
2 "
13' HVAC
TYpICAl AGGREGATION SHElTER
TYpICAl

AGGREGATION
SHElTER
PAGE# 12 Page 556

CONCRETE

PATHWAY
TYPICAL 12' WIDE ACCESS ROAD
(AS REQUIRED BY JURISDICTION)

CRUSHED ROCK

SURFACING OR GRASS

H-FRAME FOR POWER
XFRM

CRUSHED ROCK

SURFACING OR
GRASS
5'"
9'
42'
23'
5'"

FENCE/WALL
3-PHASE 400 AMP SUPPLY
9' X 23'-7 1
4 " AGGREGATION

SHELTER CONCRETE FOUNDATION/SLAB

HVAC HVAC
TYpICAl AGGREGATION SHElTER
TYpICAl

AGGREGATION
SHElTER
PAGE# 13 Page 557
30"x48"x36" CHAMBER
30"x48"x36" CHAMBER
(E) GRADE (E) GRADE

TO MICRO-TRENCH TO MICRO-TRENCH MICRO-TRENCH ENTRY MICRO-TRENCH ENTRY UNDERGROUND POWER IN CONDUIT. TO POINT OF CONNECTION TO BE VERIFIED WITH UTILITY CO. POWER CONDUIT FOR POWER POWER FEED CONDUIT (TYP.)
4" CONDUIT SCH. 80 HDPE
36" MIN. (TYP.) 36" MIN. (TYP.)
MICRO TRENCH ENTRY NOTE: · 4" DIAMETER PENETRATION
· 9" DOWN FROM TOP OF CHAMBER
· 6" IN FROM CORNER OF CHAMBER
4" CONDUIT SCH. 80 HDPE
HFRAME

AGGREGATION

SHELTER
12'X30' CONCRETE SLAB
PTS
3- PHASE 200 AMP SUPPLY
TYpICAl AGGREGATION SHElTER
ElEVATION VIEW
TYpICAl

AGGREGATION
SHElTER
ElEVATION VIEW PAGE# 14 Page 558
NOKIA ALP-248

ELECTRONICS CABINET
PRECAST CONCRETE PAD 48"x72"
30"x48"x36"

CHAMBER
30"x48"x36"

CHAMBER

SIDEWALK,

WIDTH VARIES BY LOCATION
EOP
FOC
BOC
NOKIA ALP-248 ELECTRONICS CABINET PTS METER PEDESTAL

GRAVEL FILL, COMPACTED

EXISTING GRADE
PRECAST 6" CONCRETE PAD
PRE-EXISTING GRADE ORIGINAL SLOPE 1
2 " PER FOOT

CLEARANCE AREA

FOR SWING DOOR

CLEARANCE AREA

FOR SWING DOOR

PRECAST CONCRETE PAD
ELEVATION SHOWS AS EXAMPLE: · 4' PARK/BEAUTY STRIP
· TYPE B1 6" CURB AND GUTTER
6'-0" 10"
12" 50" 12" 1"-3/4" 25" 11" 26" 11"
48"
18"
11"
12" 50" 11"
48"
6"12"
46"
11" 26" 6" 5"
TYpICAl CABINET DETAIlS
TYpICAl CABINET
DETAIlS
PAGE# 15 Page 559
NOKIA ALP-248 ELECTRONICS CABINET
30"x48"x36" CHAMBER
30"x48"x36" CHAMBER
PRECAST CONCRETE PAD 48"x72"
(E) GRADE
(E) GRADE

TO MICRO-TRENCH TO MICRO-TRENCH MICRO-TRENCH ENTRY MICRO-TRENCH ENTRY UNDERGROUND POWER IN CONDUIT. TO POINT OF CONNECTION TO BE VERIFIED WITH UTILITY CO. POWER CONDUIT FOR POWER POWER FEED CONDUIT (TYP.) 4" CONDUIT SCH. 80 HDPE
36" MIN. (TYP.) 36" MIN. (TYP.)
MICRO TRENCH ENTRY NOTE: · 4" DIAMETER PENETRATION
· 9" DOWN FROM TOP OF CHAMBER
· 6" IN FROM CORNER OF CHAMBER PTS
30 AMP - 220 VOLT SUPPLY
TYpICAl CABINET DETAIlS
TYpICAl CABINET
DETAIlS
PAGE# 16 Page 560

CHAMBER

CHAMBER
PAGE# 17 Page 561

PRIVATE PROPERTY

ROW ROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12" ROW ROW

CONCRETE CURB

ROADWAY

5.5' TREE BELT 12"
4' SIDEWALK

CONCRETE W/PAB
TB
10"

LATERAL

MAINLINE TRENCH
PAGE# 18 Page 562

PRIVATE PROPERTY

ROW ROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12" ROW ROW

CONCRETE CURB

ROADWAY

5.5' TREE BELT
4' SIDEWALK

CONCRETE W/PAB
12"
TB

MAINLINE TRENCH

LATERAL
10"
PAGE# 19 Page 563

PRIVATE PROPERTY

ROW ROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12" ROW ROW
12"

CONCRETE CURB

ROADWAY

5.5' TREE BELT
4' SIDEWALK

CONCRETE W/PAB
12"
TB
10"
12"

MAINLINE TRENCH

LATERAL
PAGE# 20 Page 564

PRIVATE PROPERTY

ROW ROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH

TB ROW ROW
12"

5.5' TREE BELT
4' SIDEWALK

CONCRETE W/PAB

CONCRETE CURB
ROADWAY 10" PROPERTY LINE
12"
TB

MAINLINE TRENCH

LATERAL
PAGE# 21 Page 565

PRIVATE PROPERTY

ROW ROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

ROADWAY
CURB

MAINLINE TRENCH
TB
12" ROW ROW

CONCRETE CURB

ROADWAY

TREE BELT CURB
TO R.O.W.
12"
TB
10"

MAINLINE TRENCH

LATERAL
PAGE# 22 Page 566

PRIVATE PROPERTY

ROW ROW

ROADWAY
CURB

MAINLINE TRENCH ROW ROW
FAB

CONCRETE SIDEWALK

ROADWAY

HARDSCAPE/CONCRETE
FAB
10" PROPERTY LINE

LATERAL

CONCRETE CURB

MAINLINE TRENCH
PAGE# 23 Page 567
PAGE# 24 Page 568
PAGE# 25 Page 569
PAGE# 26 Page 570
PAGE# 27 Page 571
PAGE# 28 Page 572