1. Approve Resolution No. 2022-05, a Resolution of the City Council of the City of Placentia, California, approving submittal of a Notification of Intent to Comply with CalRecycle Short -Live Climate Pollutants Regulations; and
2. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
DISCUSSION:
On January 1, 2022, SB 1383 became effective, requiring the City to have a mandatory recycling ordinance in place by that date, and provide an organics collection service to all residents and businesses. From 2022 to 2023, SB 1383 will allow the City to take a non -punitive approach to enforcement. Taking an educational approach will allow the City to work with Placentia residents and businesses to inform them of the requirements during this time period.
However, the City must begin taking punitive action against non -compliant entities starting on January 1, 2024. SB 1383 makes local jurisdictions directly responsible for the following actions, starting on January 1, 2022:
• Provide organic waste recycling services to all residents and businesses. • Inspect covered entities and enforce compliance with SB 1383 by adopting an enforcement ordinance before January 1, 2022. This ordinance must match State - developed standards, including minimum fine structure.
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and city/county departments. • Establish a food recovery program to recover edible food from the waste stream. • Perform capacity planning covering 15 years for organic waste diversion from landfills.
These includes estimating organic material processing and food recovery capacity available to the City and creating a plan to fund expansion if capacity is not sufficient. • Procure recycled organic waste products such as compost, mulch, and renewable natural gas.
• Maintain accurate and timely records of SB 1383 compliance for annual reporting.
SB 619 Organic waste: reduction regulations; local jurisdiction compliance As a result of the COVID-19 pandemic and the extensive impacts it created upon private and public organizations, on October 5, 2021, Governor Newsom signed SB 619 to provide local jurisdictions relief from SB 1383 non-compliance penalties and a time extension to implement mandatory organics recycling programs. Existing law (SB 1383) requires CalRecycle to adopt regulations to reduce organic waste in landfills. It authorizes those regulations to require local jurisdictions to impose requirements upon generators, or other relevant entities within their jurisdiction. SB 1383 regulations took effect upon or after January 1, 2022. SB 619 can provide relief for the violations listed below that a jurisdiction may be imposed upon by CalRecycle:
• Failure to have any ordinance or similar enforceable mechanism for organic waste disposal reduction and edible food recovery
City Council Agenda
February 15, 2022
• Failure to have a provision in a contract, agreement or other authorization that requires a hauler to comply with SB 1383 regulations
• Failure to have an edible food recovery program
• Failure to have the required SB 1383 implementation records • Implementation or enforcement of any ordinance, policy, procedure, condition, or initiative prohibited by SB 1383 regulations
• Failure to submit reports to CalRecycle regarding its implementation and compliance with SB 1383 regulations.
SB 619 provides relief for the violations listed above and extra time to comply. To receive relief, local jurisdictions must submit an NOIC with SB 1383 regulations to CalRecycle before March 1, 2022. The legislation requires CalRecycle to respond to the local jurisdiction within 45 business days with an approval, disapproval, request for additional information, or timeline for a decision regarding approval or disapproval. Once approved, CalRecycle will waive administrative civil penalties for noncompliance during the 2022 calendar year and prohibit administrative penalties from accruing during the 2022 calendar year providing local jurisdictions implement certain actions to remedy the violation(s) specified in their NOIC. Penalties will continue to accrue on January 1, 2023 if violations that commenced during 2022 have not been addressed. However, upon complete compliance with the terms of such a corrective action plan, CalRecycle will waive those administrative civil penalties.
Under the SB 1383 regulations, if a local jurisdiction fails to adopt enforceable mechanisms (ordinances, franchise agreements, etc.) to implement the SB 1383 regulations by January 1, 2022, CalRecycle can impose administrative civil penalties against the jurisdiction. Penalties vary based upon the severity of the violation. Violations that substantially deviate from the SB 1383 regulations are considered to be major and will result in penalties between $7,500 and $10,000 per violation per day.
Status of City's Compliance with SB 1383
On December 7, 2021, the City Council adopted Ordinance O-2021-12 which amended the City's municipal code to implement the requirements of AB 939, AB 341, AB 1826, AB 827, and the SB 1383 Regulations. Currently, the City does not have an active SB 1383 -compliant organics recycling program and the City is currently working with several other Orange County Cities to amend the existing agreement with franchised waste hauler Republic Services to establish rates for these services and to execute a restated franchise agreement. Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the compliant organic waste landfill diversion services that meet the requirements of SB 1383.
In April 2021, the City Council approved a professional services agreement with HF&H Consultants, to provide as -needed support services for refuse contract negotiations and SB 1383 compliance assistance. Currently, the City is engaged in active negotiations with Republic Services to amend the existing franchise agreement to provide organic waste recycling services to all businesses and residents and meet other requirements of SB 1383. More time is needed to complete negotiations for the restated franchise agreement that includes many of the
City Council Agenda
February 15, 2022
prescriptive requirements necessary to implement SB 1383 -compliant programs. Based upon this, Staff is anticipating having the agreement finalized by July 1, 2023 with full program implementation by January 1, 2024.
Based upon the recommendation of the City Attorney's Office and the City's consultant for SB 1383, HF&H, Staff is recommending that the City submit a NOIC to CalRecycle. The submission of a NOIC to CalRecycle under SB 619 provides protection for the City from financial penalties for 2022 and provides an extended and more reasonable deadline for the City to work with its franchise hauler to implement a Citywide organics recycling program. It also prevents CalRecycle from targeting the City for delayed compliance. In addition, it prevents the State from dictating the terms of the City's compliance, thereby allowing the City to formulate its own strategy for complying with SB 1383 requirements. Other North Orange County cities including the Cities of Anaheim, Brea, Fullerton, Garden Grove and Yorba Linda are submitting a NOIC.
FISCAL IMPACT:
There is no fiscal impact associated with the submittal of the Notice of Intent to Comply package to CalRecycle.
Prepared by:
4f'
s
Isa Robinson
Management Analyst
Reviewed and approved:
Damien R. Arrula
City Administrator
Reviewed and approved:
Lui sevez
Deputy City Administrator
Attachments:
1. Resolution No. R-2022-05 - NOIC to CalRecycle
2. Notice of Intent to Comply Form
a. Supplemental Attachment
RESOLUTION NO. R-2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, APPROVING SUBMITTAL
OF A NOTIFICATION OF INTENT TO COMPLY WITH
CALRECYCLE SHORT-LIVED CLIMATE POLLUTANTS
REGULATIONS
A. Recitals
(i). CalRecycle, in consultation with the California Air Resources Board, has adopted Short -Lived Climate Pollutants Regulations (14 C.C.R. § 18981.1 et seq.) (SLCP Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
(ii). The City of Placentia is a local jurisdiction required to comply with the Regulations;
(iii). Like numerous local jurisdictions across the state, the City of Placentia expects to be facing continuing violations of the SLCP Regulations commencing during the 2022 calendar year;
(iv). Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the SLCP Regulations for the 2022 calendar year and may be eligible for a broader and longer -term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
(v). The City of Placentia is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; (vi). CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute;
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Resolution R-2022-05 ATTACHMENT 1
1. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit "A."
2. The City Council authorizes and directs the City's City Administrator and/or the Deputy City Administrator to submit the Notification of Intent to Comply attached as Exhibit "A to CalRecycle for approval pursuant to Public Resources Code Section 42652.5.
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Placentia represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and SLCP Regulations.
4. The City of Placentia by and through its the City Administrator and/ or his designee also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and SLCP Regulations identified in its Notification of Intent to Comply.
APPROVED and ADOPTED this 15th day of February, 2022.
Rhonda Shader , Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-05 ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City Of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of February 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-05 ATTACHMENT 1
Exhibit A
Notification of Intent to Comply
PLEASE SEE STAFF REPORT ATTACHMENT 2
Resolution R-2022-05 ATTACHMENT 1
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to NOIC aC�CalRecycle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification.
ATTACHMENT 2
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Placentia County: Orange
Person Completing the Form:
First Name: Last Name:
Title:
Mailing Address: 401 East Chapman Avenue
i City: Placentia Zip Code: 92870
Email Address:
Phone Number: (714) 993-8448
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
el (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. ❑■ (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services ■ (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services ❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services ❑■ (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
❑■ (F) 14 CCR section 18984.5 Container Contamination Minimization I. (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements ❑■ (I) 14 CCR section 18984.8 Container Labeling Requirements • (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction n (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. 0 (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach • (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
• (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers ❑ (O) 14 CCR section 18988.3. Self -haulers of Organic Waste in (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
❑ (Q) 14 CCR section 18989.1. CALGreen Building Codes
j (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance ATTACHMENT 2
■
■
(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
❑ (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning ❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target O (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements n (Z) 14 CCR section 18993.4 Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
■ (BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
Fil (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
[il (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction ■
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
® (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section n (1) Other violations included on the supplemental attachment as all of them did not fit in this area.
ATTACHMENT 2
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
Currently, the City does not have an active SB 1383 -compliant organics recycling program and the City is currently working with several other Orange County Cities to amend its existing agreement with its franchised waste hauler, Republic Services to establish rates for these services.an..d to execute a restated franchise agreement. While negotiations have been active, there is more lime needed to complete negotiations for the restated franchise agreement that include many of the prescriptive requirements necessary to implement SB 1383 -compliant programs. Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the compliant organic waste landfill diversion services that meet the regulatory requirements of SB 1383. Additionally, in December 2021 the franchise hauler had a labor union work stoppage that put the negotiations on a temporary pause.
Once the contract is agreed upon by both lie franchise hauler and the City, there wtfl be additional lime needed to prepare Proposition 218 hearing notices and mail to impacted residents and businesses and allot the required 45-dav notice period. Once the contract has been approved by the City Council, the City will need sufficient time allotted to conduct outreach and education to generators and provide collection containers, as some may not already have the required collection services with the franchise hauler The franchise hauler has reported industry -wide difficulties of ordering new containers due to a delay caused by the manufacturers of containers.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The City and franchise hauler experienced staffing issues due to quarantine requirements which delayed the contract negotiations for the franchise agreement. Due to the delay in the finalization of SB 1383 Regulations due to COVID-19 there was a delay in being able to actively negotiate the franchise hauler agreement. The franchise hauler has been greatly impacted by COVID-19 and how they operate which has has posed challenges in determining operation/service costs for newly provided services.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
Please see attachment supplemental document.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Signature Printed Name
Title Date
ATTACHMENT 2
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
Date to be completed
TASK 2:
Date to be completed:
TASK 3:
Date to be completed:
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
Date to be completed:
TASK 2:
Date to be completed:
Add Attachment
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory reenwaste collection to all residents Action
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to acce t mixed or anic waste.
Date to be completed.
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Action:
Proposed Schedule
Date to be completed:
4/21/2022
TASK 1: Purchase two additional collection trucks and modify collection routes
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.
Date to be completed:
4/28/2022
ATTACHMENT 2
CITY OF PLACENTIA - LIST OF CONTINUING VIOLATIONS
Regulatory Requirement: 14 CCR section 18984.1 Three -Container Organic Waste Collection Services Description: The City has not implemented compliant organic waste collection services for all single-family residential households. The City's franchise hauler provides trash, recycling, and/or green waste containers to single-family residents of the City. A residential food waste recycling program is currently not available to any single-family residential households in the City.
Note: The City through its hauler provides automatic green waste collection to all residents.
Action:
The City will continue contract negotiations with Republic Services.
Proposed Schedule:
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 1:The City will continue contract negotiations with Republic January 2023 - March 2023 Services.
TASK 2: The negotiated final terms, rates and conditions will be incorporated into a draft reinstated agreement. City staff will meet with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
January 2023 - March 2023
TASK 4: City Staff will send final agreement to Republic Services April 2023 and City Attorney for final review_
TASK 5: The City will conduct a Proposition 218 Process for the July 2023 new proposed rates under the new reinstated franchise agreement.
TASK 6: The City will hold a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
January 2023 — January 1, 2024
TASK 7: The City will perform outreach and education of new/expanded services to all waste generators.
January 1, 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Description: The City has not implemented compliant organic waste Note: The City does have an existing AB 1826 compliant program and multi -family units of 5+.
collection services for all businesses.
and provides mandatory commercial organics collection to all businesses Action:
Proposed Schedule:
TASK 1:The City will continue contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions will be incorporated into a draft reinstated agreement. City staff will meet with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City Staff will send final agreement to Republic Services and City Attorney for final review.
January 2023 - March 2023
TASK 5: The City will conduct a Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City will hold a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City will perform outreach and education of new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City and its franchised waste hauler will implement compliant collection systems) for all waste generators.
January 1, 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services Description: The City has not implemented record keeping requirements for compliance with organic waste collection services as the City is still negotiating compliant collection methods with its franchise waste hauler. SB 1383 -compliant reporting standards will be included as a requirement in the City's restated franchise agreement. Until negotiations conclude and franchise agreement is finalized and approved by the City Council, the City is unable to include all of the information in its Implementation Record as required by Section 18984.4 as it pertains to compliance with the organic waste collection service requirements as the franchise hauler is not contractually obligated to provide this information at this time.
Action:
Proposed Schedule
TASK 1:The City will continue contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions will be incorporated into a draft reinstated agreement. City staff will meet with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City Staff will send final agreement to Republic Services and City Attorney for final review.
January 2023 - March 2023
TASK 5: The City will conduct a Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City will hold a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
Task 7: The City will update its Implementation Record with the prescribed recordkeeping requirements.
July 2023
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18984.5 Container Contamination Minimization Description: The City has not yet implemented the monitoring of contaminants being placed in a collection container by a generator through route reviews and/or waste evaluations. Currently, the City does not have an active SB-1383 compliant organics recycling program as such both residents and businesses cannot meet the diversion requirements of SB 1383.
Action:
Proposed Schedule
TASK 1:The City will continue contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions will be incorporated into a draft reinstated agreement. City staff will meet with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City Staff will send final agreement to Republic Services and City Attorney for final review.
January 2023 - March 2023
TASK 5: The City will conduct a Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City will hold a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City will perform outreach and education of new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City and its franchised waste hauler will implement compliant collection system(s) for all waste generators.
January 1, 2024
City of Placentia — NOIC Supplemental Attachment
TASK 9: The City can commence implementation of container January 2024 contamination minimization programs.
Regulatory Requirement: 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization Description: The City has not yet implemented recordkeeping requirements for the monitoring of contaminants being placed in a collection container by a generator as the City has not yet implemented container contamination minimization programs.
Action: Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City and its franchised waste hauler implement compliant collection system(s) for all waste generators.
January 1, 2024
City of Placentia - NOIC Supplemental Attachment
TASK 9: The City will update its Implementation Record with the January 2024 prescribed recordkeeping requirements for container
contamination minimization programs.
Regulatory Requirement: 14 CCR section 18984.8 Container Labeling Requirements Description: The City's franchise hauler is currently required to place labels on each container or lid provided to generators specifying materials allowed to be placed in each container however, the current labeling requirements do not meet the requirements of CCR section 18984.8 without the pictures and does not specify the prohibited container materials.
Action: Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Present to January 2023 Services. Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are January 2023 - March 2023 incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
TASK 3: City staff will incorporate any feedback or revisions January 2023 - March 2023 recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
TASK 4: City sends the final agreement to Republic Services and its January 2023 - March 2023 City Attorney for final review.
TASK 5: The City conducts the Proposition 218 Process for the new April 2023 proposed rates under the new reinstated franchise agreement.
TASK 6: The City holds a Public Hearing for City Council July 2023 consideration and approval of amended franchise agreement and new franchise rates.
TASK 7: The City performs outreach and education of January 2023 — January 1, 2024 new/expanded services to all waste generators.
TASK 8: The City and its franchised waste hauler implement January 1, 2024 compliant collection system(s) for all waste generators including the roll -out of compliance container labels to all generators.
Paae 9 of 28 City of Placentia — mom. Supplamantal Aftachman+
Regulatory Requirement: 14 CCR section 18984.11 Waivers Granted by a Jurisdiction Description: In December 2021, the City adopted Ordinance No. 2021-12 to amend its municipal code to have a compliant SB 1383 enforcement ordinance. Currently, the City has not yet implemented waivers to generators subject to SB 1383. The implementation of such waivers is subject to the approval of an amended franchise agreement by the City Council and implementation of an automatic organics collection services for all generators.
Note: Starting December 2021, the City implemented waivers for those generators subject to AB 341 and AB 1826.
Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
City of Placentia — NOIC Supplemental Attachment
TASK 8: The City implements waiver program for generators. January — July 2024
Regulatory Requirement: 14 CCR Section 18984.14 - Record keeping Requirements for Waivers and Exemptions
Description: The City has not implemented all recordkeeping requirements SB 1383 waivers.
for waivers and exemptions as the City has not yet implemented Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City implements waiver program for generators.
January — July 2024
TASK 9: The City will update its Implementation Record with the prescribed recordkeeping requirements.
January — July 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
Description: The City has not provided organic waste recovery education collection service prior to February 1, 2022, as City will not be providing 1, 2022.
and outreach to all generators provided with organic waste SB 1383 prescribed organic waste collection services by February Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements
Description: The City has not yet implemented recordkeeping requirements for organic waste recovery education and outreach as the City has not yet implemented mandatory organic waste collection services.
Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City will update its Implementation Record with the prescribed record keeping requirements.
January 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers Description: The City does not have an approved franchise agreement that requires the franchise hauler to provide residential, commercial. or industrial organic waste collection services to meet the requirements and standards of Title 14. Division 7, Chapter 12, Action:
TASK 1: The City continues contract negotiations with Republic Services.
Proposed Schedule
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its January 2023 - March 2023 City Attorney for final review.
TASK 5: The City conducts the Proposition 218 Process for the new April 2023 proposed rates under the new reinstated franchise agreement.
Regulatory Requirement: 14 CCR Section 18988.4 - Recordkeeping Program
Requirements for Compliance with Jurisdiction Hauler
Description: The City has not implemented record keeping requirements does not have a franchise hauler agreement that requires compliance for compliance with jurisdiction's hauler programs as the City with Title 14, Division 7, Chapter 12.
Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City's franchise waste hauler to implement new programs compliant with SB 1383.
July 2023 — January 1, 2024
TASK 8: The City will update its Implementation Record with information regarding the jurisdiction hauler programs.
July 2023 — January 1, 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program Description: The City has not implemented all of the edible food recovery programs required in Section 18991.1 as the City plans to use the franchised hauler to delegate aspects of these requirements. The City has completed identification of the Tier 1/2 edible food generators, distributed outreach to edible food generators, and has responded to the County's survey to assist with edible food capacity planning.
Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Present to January 2023 Services.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
Note: The success of negotiations may be outside of the City's control.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its January 2023 - March 2023 City Attorney for final review.
TASK 5: The City conducts the Proposition 218 Process for the new April 2023 proposed rates under the new reinstated franchise agreement.
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City implements an edible food recovery program. January 1, 2024 Regulatory Requirement: 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
City of Placentia — NOIC Supplemental Attachment
Description: The City has not implemented the recordkeeping requirements for the edible food recovery programs required in Section 18991.2 as the City plans to use the franchised hauler to delegate aspects of this requirement.
Action: Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are January 2023 - March 2023 incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its January 2023 - March 2023 City Attorney for final review.
TASK 5: The City conducts the Proposition 218 Process for the new April 2023 proposed rates under the new reinstated franchise agreement.
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City implements an edible food recovery program January 1, 2024 TASK 8: The City will update its Implementation Record with the January 1, 2024 prescribed recordkeeping requirements.
Regulatory Requirement: 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
City of Placentia - NOIC Supplemental Attachment
Description: The City currently has an Environmentally Preferable Purchasing Policy that needs to be updated for compliance with SB 1383. In addition, the City is in the recruitment process for a new Finance Director. Once a new Finance Director has been hired, City staff can resume the process to amend the City's purchasing policy to include organic waste product procurement provisions to comply with the procurement requirements of SB 1383.
Action: Proposed Schedule
TASK 1: City staff to draft an amended City purchasing policy that Spring 2022 includes organic waste product procurement provisions to meet the procurement requirements of SB 1383.
TASK 2: City staff and management staff to review amended City Spring 2022 - Summer 2022 purchasing policy.
TASK 3: City Attorney to review amended City purchasing policy. Summer 20202 TASK 4: City to see City Council approval of amended City Fall 2022/Winter 2022 purchasing policy.
TASK 5: City staff to identify and contact City vendors impacted by Fall 2022/Winter 2022 the amended City purchasing policy.
TASK 6: City to conduct internal training for City departments. Fall 2022/Winter 2022
Regulatory Requirement: 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
Description: The City currently has an Environmentally Preferable Purchasing Policy that needs to be updated for compliance with SB 1383. The current policy does not include requirements or protocols for recordkeeping. In addition, the City is in the recruitment process for a new Finance Director. Once a new Finance Director has been hired, City staff can resume the process to amend the City's purchasing policy to include organic waste product procurement provisions to comply with the procurement requirements of SB 1383.
Action:
Proposed Schedule
TASK 1: City staff to draft an amended City purchasing policy that includes organic waste product procurement provisions to meet the procurement requirements of SB 1383.
Spring 2022
TASK 2: City staff and management staff to review amended City purchasing policy.
Spring 2022 - Summer 2022
TASK 3: City Attorney to review amended City purchasing policy.
Summer 20202
TASK 4: City to see City Council approval of amended City purchasing policy.
Fall 2022/Winter 2022
TASK 5: City staff to identify and contact City vendors impacted by the amended City purchasing policy.
Fall 2022/Winter 2022
TASK 6: City to conduct internal training for City departments on new procurement requirements.
Fall 2022/Winter 2022
TASK 7: The City will update its Implementation Record with the prescribed record keeping requirements.
Fall 2022/Winter 2022
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements Description: The City currently has an Environmentally Preferable Purchasing Policy that needs to be updated for compliance with SB 1383. In addition, the City is in the recruitment process for a new Finance Director. Once a new Finance Director has been hired, City staff can resume the process to amend the City's purchasing policy to include organic waste product procurement provisions to comply with the procurement requirements of SB 1383.
Action:
TASK 1: City staff to draft an amended City purchasing policy that includes organic waste product procurement provisions to meet the procurement requirements of SB 1383.
Proposed Schedule
Spring 2022
TASK 2: City staff and management staff to review amended City Spring 2022 - Summer 2022 purchasing policy.
TASK 3: City Attorney to review amended City purchasing policy. Summer 20202 TASK 4: City to see City Council approval of amended City Fall 2022/Winter 2022 purchasing policy.
TASK 5: City staff to identify and contact City vendors impacted by Fall 2022/Winter 2022 the amended City purchasing policy.
TASK 6: City to conduct internal training for City departments on Fall 2022/Winter 2022 new procurement requirements.
Regulatory Requirement: 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurements Description: The City currently has an Environmentally Preferable Purchasing Policy that needs to be updated for compliance with SB 1383. The current policy does not include requirements or protocols for recordkeeping. In addition, the City is in the recruitment process for a new Finance Director. Once a new Finance Director has been hired, City staff can resume the process to amend the City's purchasing policy to include organic waste product procurement provisions to comply with the procurement requirements of SB 1383.
Action:
Proposed Schedule
TASK 1: City staff to draft an amended City purchasing policy that includes organic waste product procurement provisions to meet the procurement requirements of SB 1383.
January 2022 - April 2022
TASK 2: City staff and management staff to review amended City purchasing policy.
April 2022 — June 2022
TASK 3: City Attorney to review amended City purchasing policy.
July 2022 — August 2022
TASK 4: City to see City Council approval of amended City purchasing policy.
Fall 2022
TASK 5: City staff to identify and contact City vendors impacted by the amended City purchasing policy.
Fall 2022
TASK 6: City to conduct internal training for City departments on new procurement requirements.
Fall 2022
TASK 7: The City will update its Implementation Record with the prescribed record keeping requirements.
Fall 2022
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements Description: The City is not currently maintaining all records required by Title 14, Division 7, Chapter 12 in an Implementation record.
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new proposed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
TASK 7: The City performs outreach and education of
new/expanded services to all waste generators.
January 2023 — January 1, 2024
TASK 8: The City and its franchised waste hauler implement compliant collection system(s) for all waste generators.
January 1, 2024
TASK 9: The City begins route review and inspection programs.
July 2023
TASK 10: The City will update its Implementation Record with the prescribed recordkeeping requirements.
January 2024
City of Placentia — NOIC Supplemental Attachment
Regulatory Requirement: 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Description: In December 2021, the City adopted Ordinance No. 2021-12 to amend its municipal code to have a compliant SB 1383 enforcement ordinance. Currently, the City has not yet implemented SB 1383 programs and collection systems and therefore does not have procedures in place for investigations of complaints. The implementation of investigation of complaints is subject to the approval of an amended franchise agreement by the City Council and implementation of an automatic organics collection services for all generators.
Action: Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Present to January 2023 Services. Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are January 2023 - March 2023 incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
TASK 3: City staff will incorporate any feedback or revisions January 2023 - March 2023 recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
TASK 4: City sends the final agreement to Republic Services and its January 2023 - March 2023 City Attorney for final review.
TASK 5: The City conducts the Proposition 218 Process for the new April 2023 proposed rates under the new reinstated franchise agreement.
TASK 6: The City holds a Public Hearing for City Council July 2023 consideration and approval of amended franchise agreement and new franchise rates.
TASK 7: The City develops an inspection and enforcement January - July 2023 program.
TASK 8: The City performs outreach and education of January 2023 — January 1, 2024 new/expanded services to all waste generators.
City of Placentia — NOIC Supplemental Attachment
TASK 9: The City and its franchised waste hauler implement January 1, 2024 compliant collection system(s) for all waste generators.
TASK 10: The City implements issuance of fines and penalties January 1, 2024 for violations.
Regulatory Requirement: 14 CCR section 18995.4. Enforcement by a Jurisdiction Description: In December 2021, the City adopted Ordinance No. 2021-12 to amend its municipal code to have a compliant SB 1383 enforcement ordinance. Currently, the City has not yet implemented SB 1383 programs and collection systems and therefore does not have an enforcement program in place. The implementation of an enforcement program is subject to the approval of an amended franchise agreement by the City Council and implementation of an automatic organics collection services for all generators.
Action:
Proposed Schedule
TASK 1: The City continues contract negotiations with Republic Services.
Present to January 2023
Note: The success of negotiations may be outside of the City's control.
TASK 2: The negotiated final terms, rates and conditions are incorporated into a draft reinstated agreement. City staff meets with the City's Sewer Utility, Refuse and Recycling Subcommittee to review proposed rates and agreement amendments.
January 2023 - March 2023
TASK 3: City staff will incorporate any feedback or revisions recommended by the Sewer Utility, Refuse and Recycling
Subcommittee.
January 2023 - March 2023
TASK 4: City sends the final agreement to Republic Services and its City Attorney for final review.
January 2023 - March 2023
TASK 5: The City conducts the Proposition 218 Process for the new ro osed rates under the new reinstated franchise agreement.
April 2023
TASK 6: The City holds a Public Hearing for City Council consideration and approval of amended franchise agreement and new franchise rates.
July 2023
City of Placentia — NOIC Supplemental Attachment
TASK 7: The City develops an inspection and enforcement January - July 2023 program.
TASK 8: The City performs outreach and education of January 2023 — January 1, 2024 new/expanded services to all waste generators.
TASK 9: The City and its franchised waste hauler implement January 1, 2024 compliant collection system(s) for all waste generators.
TASK 10: The City implements issuance of fines and penalties January 1, 2024 for violations.
Placentia Cit Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: FEBRUARY 15, 2022
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF
CONSTRUCTION CONTRACT FOR THE OLD CITY HALL OFFICE
RENOVATION PROJECT, CITY PROJECT NO. 5106
FISCAL
IMPACT: EXPENSE: $465,000 CONSTRUCTION CONTRACT AMOUNT
$ 50,000 CONSTRUCTION INSPECTION SERVICES
BUDGET: $562,980 TOTAL PROJECT BUDGET (FY 2021-22 CIP BUDGET) $562,980 MEASURE U FUND (795106-6185)
SUMMARY:
This project is the third in a series of building renovations and restoration of Old Placentia City Hall. The City is pursuing these renovations as the building's use will be changing. Old City Hall will be utilized by the Placentia Fire and Life Safety Department as the Department's headquarters and by the Placentia Chamber of Commerce which will be transferring operations from the City's Main Street property to Old City HaII. The first completed Old City Hall project entailed replacing the building's roof and performing heating, ventilation, and air condition (HVAC) improvements.
The second project entailed the complete renovation of the restroom facilities at Old City Hall for Americans with Disabilities Act (ADA) compliance along with the replacement of exterior building doors, entry gates and hardware, and construction of a new ADA compliant access ramp into the building. This current project entails the complete tenant improvement and remodeling of existing office spaces at the Old City Hall Building. This work includes replacement of all existing lighting with new LED type lights, door replacements to comply with ADA accessibility, new exit signs, replacement of suspended ceiling systems, and a new ADA accessible restroom. A total of 13 bids for this project were received on January 13, 2022. The low bid received from A2Z Construct Inc. ("A2Z") was found to be the lowest responsive and responsible bid received. Staff recommends that City Council award a construction contract to A2Z in the amount of $465,000.
In addition to the construction cost, a 10% construction contingency amount of $46,500 is provided to cover any unforeseen conditions found during construction. The total construction contract cost including contingency is $511,500. This project would also utilize NV5, Inc. ("NV5") from the on -call consultant list to provide construction inspection services in the amount of $50,000. In addition to the inspection cost, a 10% contingency amount of $5,000 is provided to
1. g.
Feb. 15, 2022
City Council Agenda
February 15, 2022
Page2of5
cover any additional time needed during construction. The total inspection cost including contingency amount is $55,000. The cost for Construction Management Services for this project exceeds NV5's original cumulative contract not -to -exceed amount and as such, Staff is also presenting an amendment to the NV5 agreement for Council consideration which will increase the original contract not -to -exceed amount of $250,000, by $46,800 for a revised cumulative contract not -to -exceed amount of $296,800. As such, Staff is also recommending that the City Council approve Amendment No. 1 to the Professional Services Agreement with NV5 for construction management services.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the Engineered Plans and Specifications prepared by BOA Architecture for the Old City Hall Office Renovation Project, City Project No. 5106; and
2. Reject bid proposal for Old City Hall Office Renovation Project submitted by MEP Construction Services as non -responsive; and
3. Approve a Public Works Agreement with A2Z Construct, Inc. for the Old City Hall Office Renovation Project in the amount of $465,000; and
4. Authorize the City Administrator to approve contract change orders up to 10% of the contract amount, or $46,500, for a total construction contract not -to -exceed amount of $511,500; and
5. Approve Amendment No. 1 with NV5, Inc. for on -call construction management and inspection services to provide additional services for the Old City Hall Renovation Project in the amount of $50,000, for a cumulative not -to -exceed contract amount of $300,000; and
6. Authorize the City Administrator to approve contract change orders up to 10% of the amended agreement amount, or $5,000, for a total inspection services not -to -exceed amount of $55,000; and
7. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
DISCUSSION:
This project is the third in a series of building renovations and restoration of Old Placentia City HaII. The City is pursuing these renovations as the building's use will be changing. Old City Hall will be utilized by the Placentia Fire and Life Safety Department as the Department's headquarters and by the Placentia Chamber of Commerce which will be transferring operations from the City's Main Street property to Old City Hall. The first completed Old City Hall project entailed replacing the building's roof and performing HVAC improvements. The second project entailed the complete
City Council Agenda
February 15, 2022
renovation of the restroom facilities at Old City Hall for ADA compliance along with the replacement of exterior building doors, entry gates and hardware, and construction of a new ADA compliant access ramp into the building. This current project entails the complete tenant improvement and remodeling of existing office spaces at the Old City Hall Building. This work includes replacement of all existing lighting with new LED type lights, door replacements to comply with ADA accessibility, new exit signs, replacement of new suspended ceiling systems, and a new ADA accessible restroom.
On January 13, 2022, the City received thirteen (13) bids from contractors to construct this project.
The following table provides the total bid amounts received from each contractor:
Contractor
Bid Amount
A2Z Construct Inc.
$465,000.00
JCOS Development Inc.
$514,900.00
Elegant Construction Inc.
$546,920.00
RS Construction & Development Inc.
$648,370.00
L M Rasmussen Construction
$669,000.00
Urban Professional Builders, Inc.
$684,000.00
Granville Contracting & Management Inc
$689,500.00
Loghmani & Associates Design Group, Inc.
dba L.A. Design Group - WLA
$698,890.00
Dalke & Sons Construction, Inc.
$706,894.00
Union Construction Company
$723,900.00
Corner Keystone Construction Corporation
$767,880.00
MLC Constructors, Inc.
$997,542.00
MEP Construction Services
NON -RESPONSIVE
After reviewing the bid proposals and consulting with the City Attorney's Office it was determined that MEP Construction Services did not meet the bid solicitation requirements and submitted a non -responsive bid by not submitting the required Addenda Acknowledgement Forms (Acknowledge of Receipt of Addendum #1 and Acknowledge of Receipt of Addendum #2). The Zack of acknowledgement of the bid addendums and changes to the construction documents is considered a significant default in the low -bidder's bid documents. The City Council has the right to waive any bid irregularities and to reject all bids submitted pursuant to the California Public Contract Code. Staff recommends rejecting the low bid submitted by MEP Construction Services as a non -responsive bid.
City Council Agenda
February 15, 2022
Once it was determined that the apparent low bidder submitted a non -responsive bid, Staff reviewed the next lowest bid submitted by A2Z. Staff reviewed and analyzed their bid proposal and it was found to be responsive and valid. A bid protest was submitted to the City Engineer by the third low bidder, JCOS Development, Inc. upon the basis that A2Z did not properly identify any subcontractors they plan to use on this project. However, A2Z noted that they did identify two (2) subcontractors they will employ on this project for asbestos abatement and for the new fire and smoke alarm system. A2Z maintains a Class B Building License with the California Contractor's State License Board which allows them to self -perform the remaining project work scope. Accordingly, the bid protest submitted by JCOS Development was rejected by the City Engineer as unfounded. Based upon A2Z Construct Inc's reference check and submitted bid, Staff recommends awarding a construction contract to A2Z for the Old City Hall Office Renovation Project.
In order to provide quality control and assurance on this project, City Staff engaged NV5 for providing a part-time construction inspector for tracking and inspecting the work to ensure compliance with contract requirements and City requirements. In May 2021, the City Council approved a bench list of professional consultants to provide on -call construction management and inspection services for the City's Capital Improvement Program. NV5 is one of the four (4) approved consultants to provide construction management and inspection services. NV5's staff have been very responsive throughout previous City capital projects and are familiar with the City's contractual requirements. If approved, Amendment No. 1 will increase the contract not -to - exceed amount by an additional $50,000 for construction management services on this project for a total cumulative contract no -to -exceed amount of $300,000.
FISCAL IMPACT:
The total construction cost for the Old City Hall Office Renovation Project amounts to $562,980.
This cost consists of the bid amount submitted by A2Z in the amount of $465,000 and a construction contingency in the amount of $46,500. There is also a proposal for inspection services from NV5 in the amount of $50,000, and an inspection contingency in the amount of $5,000. A total of $562,980 in Measure U funds was budgeted as part of the FY 2021-22 Capital Improvement Project ("CIP") Budget for this project. Accordingly, sufficient funds exist for the recommended actions. The following table summarizes the construction costs associated with this project:
Construction Contract Amount
$465,000
Construction Contingency @ 10%
$ 46,500
Inspection Services Amount
$ 50,000
Inspection Contingency @ 10%
$ 5,000
Total Construction Cost
$566,500
City Council Agenda
February 15, 2022
Prepared by:
Masoud epahi
City Engineer
Reviewed and approved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
n Erlan
Interim Director of Finance
Reviewed and approved:
Damien-R'Arrula
City Administrator
Attachments:
1. Agreement with A2Z Construct Inc.
2. Amendment No. 1 to Agreement with NV5, Inc.
Project No. 5106
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
THIS AGREEMENT (herein "Agreement"), is made and entered into this 15th day of February, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and A2Z CONSTRUCT INC_ (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Old City Hall Office Renovation Project, as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean A2Z CONSTRUCT INC a California corporation located at PO Box 80425, Rancho Santa Margarita, CA 92688.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City 1 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If 2 Rev. 08/2017 ATTACHMENT 1
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the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, 3 Rev. 08/2017 ATTACHMENT 1
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neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Four Hundred Sixty Five Thousand Dollars ($465,000.00) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the 4 Rev. 08/2017 ATTACHMENT 1
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contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Ma eure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than February 15, 2023, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
A2Z Construct Inc
ATTN: Matthew Jafari, President
PO Box 80425
Rancho Santa Margarita, CA 92688
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. 5 Rev. 08/2017 ATTACHMENT 1
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For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Rev. 08/2017 ATTACHMENT 1
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5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
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The City of Placentia, its officers, employees, representatives, attorneys. and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during 9 Rev. 08/2017 ATTACHMENT 1
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the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may 10 Rev. 08/2017 ATTACHMENT 1
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retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to 11 Rev. 08/2017 ATTACHMENT 1
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bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Ric hts and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
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8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Masoud Sepahi, City Engineer
To Contractor:
A2Z Construct Inc
ATTN: Matthew Jafari, President
PO Box 80425
Rancho Santa Margarita, CA 92688
8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ such unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by the City.
(b) E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
14 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal Taws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
15 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
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Project No. 5106
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
CONTRACTOR
Date:
Signature
Matthew Jafari, President
Social Security or Taxpayer ID Number
17 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Deputy City
Administrator
APPROVED AS TO CONTENT:
Date:
Masoud Sepahi, City Engineer
DEPARTMENTAL APPROVAL:
Date:
Luis Estevez, Deputy City
Administrator
18 Rev. 08/2017 ATTACHMENT 1
Project No. 5106
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: Old City Hall Office Renovation Project and all appurtenant work in accordance with PROJECT NO. 5106 which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars '$ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 5106
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of 20 (Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Project No. 5106
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Principal
Signature:
Title
Project No. 5106
(Use of City form
is required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No
CORPORATION:
Telephone ( )
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title. Date:
Project No. 5106
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. 5106 to A2Z Construct Inc., the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: Old City Hall Office Renovation Project ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date:
Contractor: By:
Title:
Project No. 5106
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
j.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 5106
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to A2Z Construct Inc., a California corporation (hereinafter "Principal"), an Agreement, dated February 15, 2022 ("Agreement") whereby Principal agreed to provide construction services including Old City Hall Office Renovation Project, City Project No. 5106; WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its goveming body. (Seal) (Seal)
Project No. 5106
SURETY
By
PRINCIPAL
By X
X
ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures required from all Corporations.
CITY ATTORNEY
INSTRUCTIONS
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.
3. The City Attomey of the City of Placentia must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
Project No. 5106
EXHIBIT A
SCOPE OF SERVICES
The project includes providing all labor, materials and equipment for a complete tenant improvement and remodeling of existing office spaces at the Old City Hall Building. The scope of work includes replacement of all of the existing lighting with new LED type, new door replacements to comply with ADA accessibility, new exit signs, replacement of new suspended ceiling systems and a new accessible restroom. All work must be performed in accordance with the approved set of plans and specifications for this project.
SECTION C
PROPOSAL
for the
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope or Work as described on the Bid Documents and depicted in Appendix II. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Ninety (90) working days, starting from the date of the Notice to Proceed or liquidated damages of $500 per day will be applied.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find Bidder's Bondin the amount of $ 616; 0:O, which said amount is lot less thin l % of he a ire to of 1 e total bApriyh, a/required by the Notice ATTACHMENT 1 EXHIBIT A
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
Date Received
de ).% Signature
1 12/13/21
))
2 12/16/21
IP
Y
C-2
ATTACHMENT 1 EXHIBIT A
CITY OF PLACENTIA
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
DATE: December 13, 2021
SUBJECT: Addendum # 1
ADDENDUM ACKNOWLEDGMENT:
Firm Name: A2Z Construct Inc
Authorized Signature:
Date: 01/12/2022
Acknowledgment of Receipt of Addendum # 1 is required by signing.
ATTACHMENT 1 EXHIBIT A
CITY OF PLACENTIA
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
DATE: December 16, 2021
SUBJECT: Addendum # 2
ADDENDUM ACKNOWLEDGMENT:
Firm Name: A2Z Construct Inc
Authorized Signature:
Date: 01/12/2022
Acknowledgment of Receipt of Addendum # 2 is required by signing.
ATTACHMENT 1 EXHIBIT A
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
BID SCHEDULE
ITEM
NO.
DESCRIPTION
QUANT.
UNIT
TOTAL
PRICE
1 Old City Hall office renovation
project per the complete Contract
Documents, including, reports,
Drawings, Plans and Technical
Specifications, for a complete job per
the latest City, State and Federal
Codes and Standards.
1 Lump
Sum
�,/
$ b jrGC0'.
TOTAL BID PRICE WRITTEN IN FIGURES $ 14 U )
TOTAL BID PRICE WRITTEN IN W RDS: G. L) .� LA ��4 i 5Ix •�E']r lj
i KeitJ ( /, j'
BIDDER'S NAME AND ADDRESS:
A2Z Construct Inc
o
P.O. Box 80425
Rancho Santa Margarita, CA 92688
C-3
ATTACHMENT 1 EXHIBIT A
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion
of Work
Name and Address of Subcontractor
Class
State License
Number
Abatement
NH Environmental
984458
229 N. California Ave.
Industry, CA 9'744
Rye 6 K T-';KR 5eCCArfr'
97737 Li
60/6-/4
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-4
ATTACHMENT 1 EXHIBIT A
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Matthew Jafari , being first duly sworn, deposes and says that he or she is President of A2ZConstruct Inc the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Matthew Jafari/A2Z Construct Inc
Name of [.;idder.
S ;rsaturc of 13k1 er
PO Box 80425, RSM, CA 92688
Address of Bidder
Subscribed and sworn to before me this day of , 2021 .
NOTARY PUBLIC
_SEE CALIFORNIA NOTARY, ATFACMSD
NOTARY SEAL
C.5
ATTACHMENT 1 EXHIBIT A
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me on this 3rd. day of January , 20 22 , by Matthew Jafari
proved to me on the basis of satisfactory evidence to be the person) who appeared before me.
(Seal)
CAITLIN TURNER
lsotiry Public • California
Orange County
Commission R 2366047
My Comm. Expires Jui 17, 2,015
Signature ttjiii4,,.' '1 i&.v
Mitchel hat iS Apr Nun eo►1u 61 o n I f fl d avi t •
ATTACHMENT 1 EXHIBIT A
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
❑ Yes
XNo
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.
C-6
ATTACHMENT 1 EXHIBIT A
WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
A2Z Construct Inc
Contractor
Matthew Jafari
By
President
Title
Date: 01/12/2022
C-7
ATTACHMENT 1 EXHIBIT A
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) N/A
No excavation will be permitted until this form is completed and returned to the AGENCY, Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request.
C-8
ATTACHMENT 1 EXHIBIT A
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
A2Z Construct Inc
Bidder's Name
PO Box 80425
Business Address
Rancho Santa Margarita CA 92688
City, State Zip
(949 ) 283-5179
Telephone Number
Matthew Jafari
Contact Name
739539
State Contractor's License No. and Class
08/20/1997
Original Date Issued
03/31/23
Expiration Date
The work site was inspected by Matthew Jafari of our office on 12/08 2021.
The following are persons, firms, and corporations having a principal interest in this proposal:
Matthew Jafari
C-9
ATTACHMENT 1 EXHIBIT A
The undersigned is prepared to satisfy the City Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
A2Z Construct Inc
Matthew Jafari
Printed or Typed Signature
Subscribed and sworn to before me this day of , 2021.
NOTARY PUBLIC
SEE CALIFORNIA NOTARY, ATTACHED
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:
1. City of Placentia
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Kevin Koura 714-920-7604
$245,000.00 Courtyard Improvements
Contract Amount Type of Work
Ongoing
Date Completed
2. City of Tustin 300 Centennial Way, Tustin, CA 92780
Name and Address of Public Agency
Name and Telephone No. of Project Manager: _Chad Clanton 714-573-3332 $146,000.00 Steel & wood framing, concrete footing Oct 2019 Contract Amount Type of Work Date Completed
3, City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Tom Sandefur 310-383-4790 $220,000.00 Concrete, mow curbs, fence panels Jan 2021
Contract Amount Type of Work
C-10
Date Completed
ATTACHMENT 1 EXHIBIT A
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me on this 3rd. day of January , 20 22 , by Matthew Jafari
proved to me on the basis of satisfactory evidence to be the person who appeared before me.
(Seal)
CAITLIN TURNER
Notary Public . California L
Orange County
Commission 4 2366097
my Comm. Expires Jul 57.2025
Signature
abalnu,
'�udud 3ux is --Y 13i64-ei `s lair( m M •
ATTACHMENT 1 EXHIBIT A
NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.
ACKNOWLEDGED this
12th day of
January
County of Orange; City of Rancho Santa Margarita
jg1 p(1) , -
ign
Authoriz ature
President
Position
A2Z Construct Inc
Company
2022
4t -`?T at
C-11
ATTACHMENT 1 EXHIBIT A
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS,
That All CONSTRUCT INC. , as PRINCIPAL, and
CONTRACTORS BONDING AND INSURANCE COMPANY , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of said SURETY here under exceed the sum of TEN PERCENT OF GREATER AMOUNT BID (10%)
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above -mentioned bid to the City of Placentia for certain construction for which bids are to be opened at the City Hall of the City of Placentia, 401 East Chapman Avenue, Placentia, California on December 15, 2021 for:
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
C-12
ATTACHMENT 1 EXHIBIT A
OLD CITY HALL OFFICE RENOVATION PROJECT
CITY PROJECT NO. 5106
In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 3RD day of DECEMBER 2021.
BY:
BY:
A2Z CONSTRUCT, INC.
PRINCIPAL
Title
441
Title
(SEAL)
CONTRACTORS BONDING
AND INSURANCE COMPANY
SURETY
MARK D. IATAROLA, ATTORNEY -IN -FACT
SEE CALIFORNIA NOTARY, ATTACHED
111 PACIFICA, SUITE 350
IRVINE, CA 92618
Address
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, It must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in Ileu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.
C -I3
ATTACHMENT 1 EXHIBIT A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 iEIIdCOE E3IE aOINAMMNROMIF i ISIpl MOVE fioE181 w#41ki A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
SAN DIEGO
12/3/2021
Date
before me,
TRACY LYNN RODRIGUEZ. NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islaresubscribed to the within instrument and acknowledged to me that helshe/they executed the same fn his/her/their authorized capacity(I•es), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. w TRACY LYNN RODr1IGUEZ1
vimmur - COMM. N 2318838
.i r•`r ''; SAN DIEGO COUNTY
�O NOTARY PUBLIC-CALIFORNIAZ
'" � MY COMMISSION EXPIRES
.22324
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Number of Pages:
1111#001186 OM OMNIO tFNt{0S'FIONDAMN inOtflaxia#H4401A I tfi Filar Al 1011E0#NDROPURttetoltiMiNI#R AO Mtekii ktiitcL tomitmRu i ©2O17 National Notary Association
ATTACHMENT 1 EXHIBIT A
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Mark D. latarola. John O. Maloney. Helen Maloney. Sancra Figueroa. Tracy Lynn Rocriguez. j intly or severally in the City of Uscondido , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surcty, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.041 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 11th day of November , 2021 .
State of Illinois
County of Peoria
}ss
On this I lth day of November 202t , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duty sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary aci and deed of said corporation.
By:
Catherine D. Glover
Notary Public
045669302112/2
RLI insurance Company
Contractors Bonding and Insurance Company
By:
Barton W. Davis
CERTIFICATE
Vice President
t, the undersigned officer or RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and elI'ecl and is irrevocable; and furthermore, that the Resolution of the Company us set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and insurance Company this1Rf? day of D ' M it 1O21.
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
Jeffrey I]U`ilh
Corporate Secretary
ATTACHMENT 1 EXHIBIT A A0058D19
BID BOND
ACKNOWLEDGMENT OF SURETY
STATE OF California
County of Orange )
On this 3rd day of January
Match w Jafari
ss
22 20/4 A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for County, State of
known to me to be the of the corporation
that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. (See attached acknowledgement)
(Notary Public, Judge or Other Officer)
C-14
ATTACHMENT 1 EXHIBIT A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
on Januray 3, 2022 before me, Caitlin Turner , Notary Public (insert name and title of the officer)
personally appeared Matthew Jafari
who proved to me on the basis of satisfactory evidence to be the person whose name(sr) are subscribed to the within instrument and acknowied•ed to me that Dshe/they executed the same in Is her/their authorized capacity(ies), and that b i her/their signature0 on the instrument the person(A, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (. tt
(Seal)
CAITLIN TURNER
Notary Pubik • California
Orange County
Commission 12366097 r
My Comm. Expires Jul 17, 2025
M ehed Au_nowleigminr is it $iad-exs Pond.
ATTACHMENT 1 EXHIBIT A
Project No. 5106
EXHIBIT B
SCHEDULE OF PERFORMANCE
All work must be complete within Ninety (90) work days from the issuance of the Notice to Proceed.
Project No. 5106
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required
Project No. 5106
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
Project No. 5106
■ Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate
Project No. 5106
of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of
Project No. 5106
California.
F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
Documentation
• The Certificate of Insurance shall include the following reference: Old City Hall Office Renovation Project
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor 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; or (3) the deductible or self -insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 5106
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
ACQRD
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER �CONTACT
Number/ Insurance Marketing Services
17111 Beach Blvd Ste 103
Huntington Beach, CA 92647
License #: 0C17917
INSURED
A 2 Z CONSTRUCT INC
63 VIA GATILLO
RANCHO SANTA MA, CA 92688
NAME: Barbara
PHONE
c. No, It (714)848-4400
ADDRESS: Praoflanumberl ins.com
INSURERIS) AFFORO1NO COVERAGE
INSURER A: Continenta[Casualty Company
INSURER B
INSURER.C
FAX
Aa1_r (714)845-3500
United Financial Casualty Company
NautilusJsur_6nceCompany
INSURER t] : National LAgglfity $ Fire Insurance Cpmaany__ INSURER E :
INSURER F
Colony Jimrang iripany
NAIC S
11770
COVERAGES CERTIFICATE NUMBER: 00004613-1642650 REVISION NUMBER: 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN _ REDUCED BY PAID CLAIMS,
INSR AOSI OOX
LTR TYPE OF INBtIRAIYCE IN$ MD I POLICY
POUCY NUMBER {MM(DD1YYYY
A
x
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
x
OCCUR
GEM. AGGREGATE LIMIT APPLIES PER:
POLICY i I PRO-
JECT I LOC
OTHER:
B - AUTOMOBILE LIABILITY
ANY AUTO
•_ OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY — AUTOS ONLY
C
x
UMBRELLA LIAB
EXCESS LIAB
DEO
x
RETENTION S
Y
C6981502080
11/09/2021
Y
08445692-7
08/15/2021
OCCUR
CLAIMS -MADE
D WORKERS COMPENSATION
AND EMPLOYERS' UABILITY
ANY PROPRIETOR/PARTNERJEXECUTNE
OFF/CER/MEMBEREXCLUDED?
lMsrldalary in NH)
[ryas doscnbe undo,
DESCRIPTION OF OPERATIONS below
E
Pollution
AN1248969
11/09/2021
Y/N
Y
N /A
A9WC258524
CSP4245644
12/26/2021
07/10/2021
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mope apace is requireal City of Placentia, its officers, employees, representative, attorneys and volunteers shalt be named as additional insureds with respect to liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors by written contract with the insured.
POUCY EXP
I IMM/DD/YYYYI
LIMITS
11/09/2022
EACH OCCURRENCE
s 1,000,000
5 100 000
A ES PR fEEa a nrse)
MEA EXP ;Any one penal)}
$ 5,000
PERSONAL &ADV INJURY
S 1,000,000
GENERAL AGGREGATE
S 2,000,000
s 2,000,000
PRODUCTS - COMP/OP AGE
08/15/2022
COmiii RED MOLE
Ican 779 LitAfT
$ 2,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
`AROPE� R er n pAMALO:•
$
11/09/2022
EACH OCCURRENCE
S 1=000,000
AGGREGATE
$ 1,000,000
S
12/26/2022
X gTikTUTE_ I- t
_
E.L. EACHACCBDEMT _
„n
S 1,000 000
E.L. DISEASE- EA EMPLOYEE
5 1,000,000
E.L. DISEASE - POUCY LIMIT
5 1,000,000
07/10/2022
General Aggregate
2,000,000
CERTIFICATE HOLDER
City of Placentia
401 E Chapman Ave
PLACENTIA, CA 92870
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Lbth 4K0_0(1-er (BAP)
© 1988-2015ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by BPP on 02/01/2022 at 01:41 PM
ANA
BEST CHOICE CONTRACTOR PROGRAM
Blanket Additional Insured - Owners, Lessees or
Contractors
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number: C6981502080
Named Insured:
A 2 Z CONSTRUCT INC
A 2 Z CONSTRUCT INC
Endorsement Effective: 11/29/2021 at 12:01 a. m.
Authorized Representative:
SCHEDULE
Name of Additional Insured Person(s)
or Organization(s): (Blanket)
Any person or organization that the Named Insured is
obligated by virtue of a written contract or written
agreement to make an additional insured on this
Coverage Part, provided such contract or agreement:
• Is currently in effect or becomes effective during
the policy period; and
• Was executed prior to:
a. the "bodily injury," or "property damage"; or
b. the offense that caused the "personal and
advertising injury";
for which the additional insured seeks coverage.
Location(s) of Covered Operations:
(Specific)
Any location in the "coverage territory" that is subject to the contract or agreement specified above.
A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project.
C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
D. Primary and Noncontributory Insurance
If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other CNA97587XX (4-2020) Policy No: C6981502080
Effective Date: 11/29/2021
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission.
CNA
BEST CHOICE CONTRACTOR PROGRAM
Blanket Additional Insured - Owners, Lessees or
Contractors
instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured.
E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit:
Any additional insured pursuant to this Coverage Part will, as soon as possible:
1. Give us written notice of any claim, or of any "occurrence" or offense that may result in a claim;
2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and
3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self -insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.
F. Solely with respect to the insurance granted by this endorsement:
1. The words "you" and "your" refer to the Named Insured shown in the Declarations.
2. "Your work" means work or operations performed by you or on your behalf, and materials parts or equipment furnished in connection with such work or operations.
G. Blanket Waiver of Subrogation
We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of "your work" done under a written contract or written agreement with that person or organization, provided such contract or agreement:
1. Requires such a waiver of our rights;
2. Is currently in effect or becomes effective during the policy period; and
3. Was executed prior the "bodily injury", "property damage" or "personal and advertising injury" that gave rise to the claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA97587XX (4-2020) Policy No: C6981502080
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. tThis agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 1.03 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
Blanket Waiver - Any person or organization for whom the Namec Insured has agreed by written contract to furnish this waiver.
Job Description
All CA Operations
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective
Insured Insurance Company
Policy No. A9WC258524 Endorsement No.
Countersigned By
©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
Project No. 5106
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFFESSIONAL SERVICES WITH
NV5 INC
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the February 15, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and NV5 Inc., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase compensation for inspection services by an additional not -to -exceed $50,000 for additional inspection services in support of the Old City Hall Office Renovations. NV5 Inc., is currently providing construction management and inspection services for the City's TOD Crowther Sanitary Sewer Pipeline project and this amendment is needed to increase their contract amount for providing inspection services for the Old City Hall Office Renovation project. City solicited proposals from all 3 consultants on the list and NV5 Inc., was the only respondent.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
Consultant shall be paid in accordance with the fee scheduled set forth in Exhibit "A".
Consultant's total compensation shall not exceed Three Hundred Thousand Dollars ($300,000) over the initial three-year term.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the
ATTACHMENT 2
Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Maintenance Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Peter Salgado, Director of CM Damien R. Arrula, City Administrator ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
ATTACHMENT 2
PN: P27022-0001367.00
January 28, 2022
Raquel Garcia
Associate Civil Engineer
City of Placentia
N
V
5 SUBJECT: Request for Proposal — Inspection Services for the Old City Hall Office Renovation Project Dear Ms. Garcia,
NV5, Inc. is excited to have the opportunity to provide Part-time Inspection Services to the City of Placentia (City) for its Old City HaII Office Renovation Project. Our team has the technical knowledge and experience to deliver your project in the most cost-efficient and cost-effective manner. NV5's strengths include the following:
Current Partnership: Our experience and strong existing relationship with the City gives us the ability to continue providing professional construction support services for your projects. We operate with a sound understanding of your organizational structure, administrative processes and the community you serve. This in turn allows us to provide the required construction support services in the most efficient manner. Our partnership with the City has resulted in the successful completion of several projects including:
• Crowther Sanitary Sewer Pipeline Replacement (Construction Management + Inspection) • FY 2019-20 Arterial Roadway Rehabilitation (Construction Inspection) • Placentia Avenue Rehabilitation (Construction Management + Inspection) Relevant Experience: We have a proven track record of successfully providing inspection services to municipalities throughout Southern California, most of which have been repeat clients. Our team has provided similar services for dozens of municipal facility/building improvement projects, including:
• William Woollet Jr. Aquatics Complex (City of Irvine) • Heritage Park Community Center (City of Irvine)
• Lambert Park (City of El Monte)
• Margarita Recreation Center (City of Temecula)
• Robinson Park Recreation Center (City of Pasadena)
• Utility Operations Yard (City of Huntington Beach)
• Sea Country Senior and Community Center
(City of Laguna Niguel)
Proposed Team: NV5 Project Manager, Peter Salgado, PE will oversee NV5's construction inspection services for this project. For Construction Inspector, we offer Robert Little, who brings more than 24 years of experience in public works inspection, including with building systems. He is well versed in the inspection of facility and building, sewer and water, and transportation construction projects. He is a former Public Works and Engineering Inspector for the City of Eastvale, City of Moreno Valley, City of Corona, and Bermuda Dunes. Mr. Little has extensive experience working with the public, elected officials, contractors, architects, developers, utility companies and engineers. He is APWA CPII, ICC Grading, Concrete, and NICET II & III certified. As an Alternate Inspector, we also offer Bob Bean, who brings more than 30 years of experience in building and electrical inspection. Mr. Bean has most recently served as a Building Permit Inspector for the City of Burbank inspecting a wide range of building and facility construction projects. Resumes for our proposed inspectors have been attached for your consideration.
Fee Proposal: NV5's proposed fee for this project, based on a 90 working day schedule and four (4) hours of part-time inspection per day, is $46,800. Our fee is based on time -and -materials utilizing our on -call contract inspector hourly rate of $130.
NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically [email protected] and peter. [email protected]. Thank you for your time and consideration.
Sincerely,
NV5
Pete i''Safgado, PE
Director of Construction Services
Jef ey M. cooper, PE
Vi e President
COMPANY INFORMATION/CONTACT
Name: NV5, Inc.
Address: 163 Technology Drive, Suite 100.
Irvine, CA 92618
Telephone Number: (949) 585-0477
Email of Contact: [email protected]
163 Technology Drive, Suite 100 I Irvine, CA 92618 I www.nv5.com I Office: 949.585.0477 I Fax: 949.409.8182
RESUME
CONTACT INFO
949.585.0477
EXPERIENCE
24 years
EDUCATION
B.S. Business
Administration
LICENSES/CERTIFICATES
APWA CPII
ICC Grading
Concrete
Radiation Safety Officer
Nuclear Gauge operator
NICET II & III
Soils,Transportation
Engineering Technology
WAQTC
Embankment and base
testing technician
N
V
5 ROBERT A. LITTLE
Construction Inspector
Mr. Little is a Senior Public Works/Encroachment Permit Inspector with 24 years of experience in construction inspection in both the public and private sector. His projects have included inspection of new development construction, right-of-way encroachment permit inspections, sewer and water -related facilities, street rehabilitations, sidewalk improvements, slurry seal projects, storm drains and vertical construction. Aformer Public Works and Engineering Inspector for the City of Eastvale, City of Moreno Valley, City of Corona, and Bermuda Dunes, Mr. Little has extensive experience working with the public, elected officials, contractors, architects, developers, utility companies and engineers. He has multiple special inspection certificates, including APWA CPII, ICC Grading, Concrete, and NICET II & III among others. Mr. Little has been responsible for monitoring construction activities, preparing daily construction inspection reports, verifying compliance with plans and specifications, maintaining record drawings, and final inspections.
Project Experience
Senior Construction Inspector
CITY OF MORENO VALLEY, CITY OF EASTVALE AND THE SOBOBA BAND OF LUISENO INDIANS, CA Senior Construction Inspector. Mr. Little served as a public works, encroachment and building inspector and observer for the City of Moreno Valley, City of Eastvale and the Soboba Band of Luiseno Indians. He performed construction and landscape inspection services for several large tilt up projects for the cities of Moreno Valley and Eastvale, and for a new convenience store and gas station on the Soboba reservation, inspecting primarily the fire suppression systems and the installation of the gasoline delivery systems, plumbing, and concrete components of the building.
Senior Construction Inspector
CITIES OF CORONA, RIALTO, YORBA LINDA AND WESTMINSTER, CA Senior Construction Inspector. Mr. Little served as a public works inspector for the Cities of Corona, Rialto, Yorba Linda and Westminster. He was responsible for providing inspection of building, street improvements, new road construction, grind and overlay, slurry seal, curb and gutter, landscape and irrigation, storm drain, sewer, and water improvement projects.
Senior Construction Inspector
KING CITY, CA
Senior Construction Inspector. Mr. Little served as the construction inspector for the Fort Hunter Liggett Training Barracks and Headquarters. His responsibilities included upkeeping the as -built drawings, materials testing and presentation of the data to the USACOE. He also acted as the grading, masonry,• and reinforced concrete deputy inspector.
Senior Construction Inspector
CATHEDRAL CITY, CA
Senior Construction Inspector. Mr. Little served as the construction inspector for the Eagle Canyon Dam in Cathedral City. His responsibilities included upkeeping the as - built drawings, materials testing and presentation of the data to the California Division of Safety of Dams and the Riverside County Flood Control and Water Conservation District.
Delivering Solutions — Improving Lives
NV5I2
RESUME
Senior Construction Inspector/Field Supervisor
MURIETTA, CA
Senior Construction Inspector. Mr. Little provided inspection services for several residential and commercial developments and street improvement projects in Southern California. His responsibilities included supervising up to 15 technicians, upkeeping the as -built drawings, materials testing and presentation of the data to the developer clients.
Senior Construction Inspector
RANCHO CUCAMONGA, CA
Senior Construction Inspector. Mr. Little provided inspection services for the 215 Freeway and 5 Freeway projects, and several commercial and residential and commercial grading projects, tilt up buildings and street improvement projects across Southern California.
Senior Geotechnical Engineering Technician
YUCAIPA VALLEY WATER DISTRICT AND THE DESERT WATER AGENCY I PALM SPRINGS, CA Sewer, Water and Storm Drain Inspector. Mr. Little provided inspection services for the Yucaipa Valley Water District and the Desert Water Agency. His responsibilities included documenting the line and grade for public improvements, upkeeping the as -built drawings, scheduling the materials testing and presentation of the data to the client.
Delivering Solutions — Improving Lives NV5 13
RESUME
CONTACT INFO
949.585.0477
EXPERIENCE
30 years
EDUCATION
A.A. Business
Administration
Apprenticeship Program,
IBEW Local 11 Los Angeles
REGISTRATIONS
Former C10 Electrical
Contractor
Journeyman Electrician
Union Steward
AFFILIATIONS
IBEW Board of Trustees
NECA Board of Trustees
N
V
5 BOB BEAN
Alternate Construction Inspector
Mr. Bean has more than 30 years of experience as an electrical and building inspector performing site quality control to ensure the Contractor constructs the work in accordance with the approved plans and specifications.
Mr. Bean served as the electrical inspector for the Clark County Building Department where he was responsible for electrical inspections of all permit applications. He also has extensive experience as a Journeyman Electrician, licensed Electrical Contractor, and electrical designer. Mr. Bean served as an electrical estimator and inspector where he primarily did work for the Los Angeles County School District. He was also the primary inspector for the MGM Grand Hotel after the November 1980 fire. As a licensed Electrical Contractor and President and CEO of Conger and Bean Electric in the State of Nevada, one of Mr. Bean's primary customers was the Dunes Hotel and Casino where he was responsible for ensuring that all equipment remained functional around the clock 365 days a year. He has also been involved in the electrical construction of pipelines for Alyeska Pipeline in Alaska. He was an electrician during the construction of the Diablo Canyon Nuclear Reactor in Pismo Beach, California.
Mr. Bean has been on both sides of the Union table serving on the Board of Trustees for the IBEW Union as a Laborer Representative, and then as an owner for NECA. He also served as a Union Steward for the Puente Hills Mall. Additionally, Mr. Bean is a veteran of the Vietnam War where he served on board the USS Ticonderoga, USS Ranger flight deck electrician, and VF92 as an aviation electrician, Second Class E5.
Project Experience
Building Permit Inspector
CITY OF BURBANK I BURBANK, CA
Building Permit Inspector. Mr. Bean is a Building Permit Inspector performing building inspections for new commercial and residential building construction, additions, remodels, and alterations, including the repair and maintenance for electrical, plumbing, and mechanical work, rough framing, seismic bracing, foundations, drywall, windows and doors, roofing, electrical service installation, water distribution, and HVAC. Mr. Bean reports directly to the City Building Permit Department working as an extension of City Inspection Staff where he receives his daily building permit inspection assignments, performs the inspections for conformance to the approved permit plans, City standards, CBC, NEC, and other applicable codes, and then finalizes his inspection reports at the end of the day on the City's computerized building inspection portal.
Building Department Inspector
CLARK COUNTY, NV
Electrical Inspector. Mr. Bean served as Clark County's Electrical Inspector for the Las Vegas strip in Clark County Nevada, including all hotels from McCarron Airport to downtown Las Vegas. Mr. Bean inspected all electrical permitted installations including new electrical services, transformers, residential, commercial, hotels, swimming pools, air conditionings, elevators, kitchen facilities, fire alarms, telephone systems, CCTV security installations, landscape lighting, traffic signals and street lighting. Mr. Bean would receive the permit inspection assignments from the building department to inspect the various phases from rough in to final electrical inspection and proceeded Delivering Solutions — Improving Lives
NV5 I 4
RESUME
in the field to inspect each of the various electrical elements that required permitting. Mr. Bean was the electrical inspector who investigated the fire at the MGM Grand Hotel that killed 77 people in November 1977. His careful forensic investigations determined that insufficiently sized conduit stuffed with too many wires by the hotel's maintenance crews, which subsequently overheated melting the adjacent insulation, created a deadly gas and caused a short which created a backfire in the attic of the New Orleans Restaurant, was the cause of this devastating and deadly fire.
Facilities Operation Plus
LOS ANGELES UNIFIED SCHOOL DISTRICT I LOS ANGELES, CA
Chief Electrical Estimator/Inspector. Mr. Bean was the chief electrical estimator and inspector for installations at the Los Angeles Unified School District. Mr. Bean did all material take offs and pricing for ongoing and upcoming projects. As an inspector, Mr. Bean ensured that all installations were done properly and up to the standards and requirements from the Uniform Electrical Code. Installations included lighting and upgrading of lighting receptacles to install new energy efficient luminaries.
J. W. Johnson Reservoir Facility Valve Replacements & Site Improvements Project
LONG BEACH WATER DEPARTMENT I LONG BEACH, CA
Construction Inspector. Mr. Bean was the construction inspector for this project involving replacement of four underground water main valves, installation of five storm drain inlets, construction of a containment cell for an indoor above -ground chlorine tank, construction of a large concrete reinforced storage pad, trenching for the installation of electrical conduit, and re -paving of surface areas to allow for proper drainage. 15th Street & Cherry Avenue Sewer Replacement Project
LONG BEACH, CA
Construction Inspector. Mr. Bean was the Construction Inspector for the replacement of 565 lineal feet of 8 -inch cement sewer to 12 -inch VCP sewer, and the reconnection of the sewer laterals. This project involved full sewer by-pass which was buried temporarily within the street that Mr. Bean constantly monitored for spill prevention. This was a high profile project that Mr. Bean was also responsible for on -going public relations as the project progressed. He was also in charge of paving inspection for the re -paving of Cherry Avenue.
Group 12 CIPP Sewer Relining Program
LONG BEACH WATER DEPARTMENT I LONG BEACH, CA
Construction Inspector. Mr. Bean was the Construction Inspector for the Long Beach Water Department's Group 12 CIPP sewer relining program. This project involved providing construction oversight and observation of LBWD's contractor to install almost 15,000 L.F. of 8 -inch, 10 -inch and 12 -inch cured -in -place sewer cleaning, pre -lining video, lining, and post - lining video. Point repairs and manhole rehabilitations were also undertaken. Once the installation of the CIPP began, Mr.
Bean coordinated with the LBWD for shutting off water services for the various residential and businesses along the sewer line routes. Once curing was completed, a post lining video was run, followed by re -installation of the laterals and top hat installation on select laterals.
Delivering Solutions — Improving Lives NV5 15
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
NV5 INC
THIS AGREEMENT is made and entered into this iffh day of May, 2021 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and NV5 Inc, a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide construction management and inspection services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. if the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense, All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Conficentiality. Employees of Consultant in the course of their duties may have 2 NV5 Inc
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement,
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Two Hundred and Fifty Thousand Dollars ($ 250,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an addition& fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. if a delay beyond the control of the Consultant is encountered, a time extension may be 3 NV5 Inc
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mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreem t gall commence on the Effective Date and continue for a period of 3 years, ending on May /20 4, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The agreement may also be extended for an additional two-year term based on the City's discretion and contractor performance.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. if the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) clays or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of 4 NV5 Inc
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work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance, Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Bests Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
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I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices 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, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense." (c) Other insurance: "The Consultant's insurance coverage shall be primary 6 NV5 Inc
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insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the 7 NV5 Inc
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services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
NV5 Inc
163 Technology Drive,
Suite 100
Irvine, CA 92618
TeI: 949-409-8182
Attn: Peter Salgado P.E, Director
of Construction Management
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
TeI: 714-993-8132
Attn: Masoud Sepahi, City
Engineer
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
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6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph,
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 9 NV5 Inc
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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this 10 NV5 Inc
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Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. in the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending 11 NV5 Inc
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provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corpor. ion
Damien R. Arr _ ty i istrator
ATTEST:
Robert S. McKinnell, City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
Signature
Jeffrey M. Cooper, Vice President
Name and Title
94-2706173
Social Security or Taxpayer ID Number
12 Date: oto [ci/' FA
Date: April 28, 2021
NV5 Inc
Rev. 0812017
APPROVED AS TO FORM:
Chris pan L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Alf,"Ale
nna Ramirez, Deputy Administrator
APPROVED AS TO CONTENT:
/10://
Maso d Sep i 4 i ngineer
DEPART
PROVAL:
Luis Estevez, DepJy City Administrator
13 Date:
Date: 3-Z4
Date:
Date:
5/2/.2-1.
5/zo/i
NV5 Inc
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 NV5 Inc
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D. ALLOCATION OF RESOURCES
PACIFIC RESOURCES SERVICES RATES
Pacific Resources Services has established the following rates for projects starting after January 2021.
PACIFIC RESOURCES SERVICES — BURDENED LABOR RATES
Staff
Hourly Rate
Principal
$136.66
Senior Analyst
$113.88
Analyst
$91.11
Staff Support
$68.33
Effective through December 31, 2021. Rates are subject to an annual rate increase based upon the LA/OC CPI each consecutive year beginning January 1.
+- = Lambert Avenue El Monte, CA
1fPage
�" _ NV5j37
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 NV5 Inc
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AL"C]1t17•
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
5/1/2022 4/29/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Locklon Companies
3280 Peachtree Road NE, Suite #250
Atlanta GA 30305
(404) 460-3600
INSURED NVS Inc.
1491108 163 Technology Drive
Suite 100
Irvine CA 92618
COVERAGES Irvine CERTIFICATE NUMBER:
CONYFC't
NAME-
PHONE FAX
(AIC Idut;
EMAIL
ADDRESS:
iNSURER(S) WORDING COVERAGE
INSURER A : The Continental insurance Company,
INSURER :National Fire Insurance Co of Hartford _
INSURER C : Transportation Insurance Company
e1suRERD:Berkley insurance Company
INSURER E :
INSURERF:
NAIL I
35289
20478
20494
32603
17517289 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO rl -IC INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR Atka. SOdR1
_ LTR TYPE OF INSURANCE INED WVa I POLICY NUMBER WQD VV F PMfDDrY V 1MIIUOWYYYYI (NIIAlDD/YYYY! LIMITS
A
B
.x
X
x
JCLAIMS -MADE LX 1 OCCUR
X Coptractue.. Lints
X Cross Liah.lncl
COMMERCIAL GENERAL LIABILITY
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY [-X1 4P4kg. X LOC
OTHER Deductible: None
AUTOMOBILE LIABILITY
x
C
D
A
A
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
r -
r_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X UMBRELLA LIAB X
EXCESS LIAB
DEO X RETENTIONS $0
OCCUR
CLAIMS -MADE
WORKERS COMPENSATION
AND EMPLOYERS' UABILITY Y H
ANY PROF+RIETUR+PARTNERREXECUTIVE ❑
❑FFICNIljMEMSER EXCLUDED? N
i lMandaiory In NH)
It yes. dese ebo udder
DESCRIPTION OF OPERATIONS below
Prof Liab
Bus Per Prop
Leased/Rented Equip
Y
N
NIA
N
N
N
N
7014856125
7014842659
7014841883
7014842824(AOS)
7014842810(CA)
AEC -90441 14-05
7014856125
7014900785
5/1/2021
5/1/2022
EACH OCCURRENCE 5 1,000,000
_DAMAGE TO1 ENTEO .. r ! 000 oqp"_ P.PEMIS $ RRS54+Olei91 MEO ExP (Any oriettioticit s 15.000
PERSONAL & ADV INJURY $ 4009,000
GENERAL AGGREGATE $ 2,000e000 _
PRODUCTS - COMP/OP AGG s 2.000,000
$
5/1/2021
5/1/2021
5/1/2021
5/1/2021
5/1/2021
5/1/2021
5/1/2021
5/1/2022 ea q nlll 'LEL₹AHT .000,000
BODILY INJURY (Per person) $ XXX XXXX
BODILY INJURY (Per accident) $ XXXXXXX
[PgCgeud WRWW�� $ XXXXXXX
$ XXXxxxX
5/ I /2022
5/1/2022
5/1/2022
5/1/2022
5/1/2022
5/1/2022
EACH OCCURRENCE
AGGREGATE
5 20 (100.000
q 20 000.000
$XXXXXXX
X [ ATyTE_L1FRx -
E L EACH ACCIDENT S L000,000
E L DISF45B - EA EMPLOYEE, S 1,000,000
EL DISEASE - POLICY LIMIT S I ,00C),000
Ea Claim/AgaSlOmil/$20mi1
Limit$19,429,515
Limit $100,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES iACORD 101, Addlltenal Romoenl Schedule, may bo shoe WO ll Owes Space In required} The City olPlnccntie mid il8 elected and Ilppnmled beside Oleos, (Alit Ws. wills, employees. and rulantcers Ore Milli liunnl insureds willt respect to: liability nil eing tint of nctis ilics pet funned by (If nit belPelf nrthe Con su In, t pursuant to itc tolleraes L•irh the ('sly; prodlre.ls and carapleteII operations of the CPRSIIttanI. 'Haulm owned, occupied or used by rile Cools flaw atrtuniubiies owned, leased, hired, or burrowed by the Cousuilnnt nrn included ne addilianni insureds oil a Iknnary and Nurpcunlnhutory basis d required by %%Ili ' cuukart µirh retpcet Iu Coma I.i htlily nail Automobile !ability per Ihr scn a and cultditiueis of 1115 policy. 'SEE PAGII TIvb•
CERTIFICATE HOLDER
17517289
City of Placentia
401 E. Chapman Ave.
Placentia CA 92870
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRES€NTATIVE_
© 198840ACACOORD CORPOI TION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Klee only If more space Is required) A waiver of subrogation applies in favor of the additional insureds if required by written contract with respect to Workers' Compensation per the terms and conditions of the policy where permitted by state law, ACORD 25 (2016/03)
Certificate Holder ID: 17517289
Atrasluaca 5_141424=Ai.1:449 .1.OH C.•rtiticatc-t!]• 17517281 Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO 1S AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
Primary and Noncontributory Insurance
[:NAT5U711X?C 11l-16) Policy No: 7 019 £ 5 612 5
Insured Name: NV5 Global, Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc„ with its permission
Effective Date: 05/01/202 1
Ail n�fliu��541in.xtulil-l4i1J-l31ir(:rctiGc.s[4J1J:_i 7 S l 72&2.
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement,
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.
However, if the written contract requires this insurance to be primary and non-contributory, this paragraph
3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
UNA15U(MA (1U -9b) F'oliCy 1VU. .'[1] 4H)o)15
Insured Name: Nv5 Global, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc_, with its permission.
Effective Date: 05/01/2021
Attachment Code: D587566 Master ID: 1491108, Certificate ID: 17517289 Policy No: 7014856125
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
L1Narne Of Person Or Organization:
SCHEDULE
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following:
Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insureds ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date 1s shown below, and expires Coneutrerltly with said Policy
Attachment Code: D587568 Master ID: 1491108, Certificate Ill: 17517289 C
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA68021XX (02-2013)
Endorsement Effective Date: 05/01/2021 Policy No: 7014856125, 7014842659,7014841883 '© Copyright CNA All Rights Reserved
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 17517289 CNA
CNA71526XX
(Ed. 10/12)
ADDITIONAL INSURED ENDORSEMENT - CONTRACTUAL
OBLIGATION
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
AS REQUIRED BY CONTRACT
1. Paragraph A.1. Who Is An Insured of Section II - LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy.
2. The insurance provided to the additional insured is limited as follows:
a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable.
b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable.
c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is:
(1) Required by the "written contract"; or
(2) Afforded to you under this policy.
3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV - BUSINESS AUTO
CONDITIONS
is amended to add the following conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable:
a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy;
c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit."
Attachment Code: D587561 Master ID: 1491108, Certificate ID: 17517289
4. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to the accident for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
Policy No: 7014842659
Effective Date: 5/1/2021
Insured Name: NV5, Inc.
CNA71526XX (Ed. 10112)
Attac D587560 Master ID: 1491108, Certificate ID: 17517289 CNA71527XX
(Ed. 10/12)
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
S -REOU I Rt:;l) L3Y CONTRACT
1, In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
CNA71527XX (10/12)
Insured Name: NV5 GLOBAL, INC.
Copyright CNA All Rights Reserved.
Policy No: 701842659
Endorsement No:
Effective Date: 05/01/2021
Attachment Code: D587563 Master ID: 1491 108, Certificate ID: 17517289 POLICY NUMBER: 7014842659 COMMERCIAL AUTO
CA 04 44 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: NV5 Global, Inc
Endorsement Effective Date: 05/01/2021
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the declarations.
The Transfer Of Rights Of Recovery Against Oth-
ers To Us Condition does not apply to the person(s)
or organization(s) shown in the Schedule. but only to
the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization.
CA 04 44 03 10
© Insurance Services Office, Inc., 2009 Page 1 of 1 O
Attachment Code: D587579 Master ID: 1491108, Certificate ID: 17517289 CNA
It is understood and agreed that:
If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.
If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.
Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.
All other terms and conditions of the policy remain unchanged, This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: CC68021A (02-2013) Policy No: 7014842824; 7014942810 Endorsement Effective Date: 05/01/21
© CNA All Rights Reserved_
Attachment Code: D587581 Master ID: 1491108, Certificate ID: 17517289 CNA
POLICY NO: 7014842824
WORKERS COMPENSATION
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule,(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: WC00 03 13 (04-1984)
Endorsement Effective Date: 5/1/2021
Policy: WC657040561
Attachment Code: D587584 Master ID: 1491108, Certificate ID: 17517289 CNA
POLICY NUMBER: 7014842810
WORKERS COMPENSATION
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers Compensation Insurance G. Recovery From Others and Part Two - Employers Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations_ (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is [Blanket Waiver of Subrogation Percentage Charge].
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of an is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No. G -19160-B (11-1997)
Endorsement Effective Date: 05/01/2021
Policy Number 7014842810
At Bimeic C +dc: D5 7573 Masse] ID: 11911 (erliGcasc ID: 17517289 Berkley Insurance Company
Change Endorsement
Other Insurance
In consideration of the premium paid for this Policy, it is understood and agreed that Section VII. Conditions, I. Other Insurance is deleted and replaced with the following:
Other Insurance
If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim.
Solely as respects Insuring Agreement B — Contractor's Pollution Liability, when required in a signed, written agreement executed prior to the report date of a Claim, this policy shall be primary to other collectible insurance that applies to those Claims resulting from the performance of your Contractor Services. Any other collectible insurance that applies to a Claim covered by Insuring Agreement B shall be excess and non-contributory.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged
Insured
NV5 Global. Inc.
Effective Date of This Endorsement
05/01/2021
10 - BDP0713106 (07-13)
Policy Number
AEC -9044114-05
Authorized
Representative
26882-9036395-87455
Policy Form: BDP0417001 (04-17)
Attachment Code: D589795 Master ID: 1491108, Certificate ID: 17517289
BERKLEY INSURANCE COMPANY
Policy Number AEC9044114-05
d
2. The each Claim limit shown in Item 3A of the Declarations is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim. Two or more Claims considered a single Claim shall collectively be subject to the each Claim limit of liability shown in Item 3A of the Declarations.
3. The each Claim limit is the most we will pay for the sum of all Damages and Claim Expenses arising out of any single Claim regardless of how many Insuring Agreements may apply to such Claim.
4. The Policy Year Aggregate limit shown in Item 38 of the Declarations is the most we will pay for the sum of ail Damages and Claim Expenses for all Claims made and reported during each Policy Year.
5. The payment of Damages and Claim Expenses will reduce the each Claim limit.
F. Deductible
You must pay the Deductible for Claim Expenses and Damages covered by this Policy before we are obligated to make any payment under the each Claim limit. The Deductible must be paid from your own account, and payments by other parties or insurers on your behalf shall not satisfy the Deductible. We have the right to determine the reasonableness of Claim Expenses that qualify to satisfy the Deductible. The Deductible for each Claim is set forth in hem 4A of the Declarations. The Policy Year Aggregate Deductible shown in Item 4B of the Declarations is the most the Named Insured must pay as a Deductible for the sum of all Claims made and reported during each Policy Year.
G. Deductible Credits
1. Mediation Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $15,000 if you agree with our decision to use Mediation and the Claim is fully and finally resolved by such Mediation.
2. Risk Management Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of $25.000 if prior to the report date of a Claim, there is a signed, written and enforceable agreement for the Professional Services involved in the Claim, and it includes a clause limiting your liability to $250,000 or less
3. First Claim Deductible Credit If the first Claim you ever report to us is made against you:
a. Greater than 24 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 25%, subject to a maximum reduction of $40,000; or b. Greater than 36 months after the Knowledge Date shown on the Policy Declarations, then your Deductible obligation for that Claim may be reduced by 50%, subject to a maximum reduction of $40,000.
If more than one Deductible Credit applies, your Deductible obligation will be reduced by 50%, subject to a maximum reduction of $50.000.
H. Notice of Cancellation and Nonrenewal
This Policy may be canceled by the Named Insured identified in the Declarations, by surrender of the Policy to us or our authorized representative or by giving us written notice stating when. thereafter, such cancellation shall be effective, We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Poticy. we will mail or deliver to the first Named Insured, an behalf of all Insureds, written notice of cancellation. We will provide you at least ten (10) days -notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel far any other reason, we will provide at least sixty (60) days -notice before the effective date of cancellation.
If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata.
The cancellation will be effective even if we have not made or offered a refund.
We will give you written notice sixty (60) days pear to the expiration of this Policy if we do not intend to renew this insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will be sufficient proof of notice.
Other Insurance
If there is other collectible insurance, including but not limited to other professional liability insurance or project specific insurance, that applies to a Claim covered by thls Policy, the other insurance shall be primary and this Policy shall be excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy wilt then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend a Ciaim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim.
J. Subrogation
In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you had, prior to a Claim or Circumstance. entered into a written agreement to waive such rights. Any recovery shall first be paid to us up to the extent of any Damages or Claim Expenses paid by us and the balance shall be paid to you.
K. First Named Insured as Sole Agent
The first Named Insured in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, giving or receiving notice of cancellation or nonrenewal, the payment of any Deductibles, and to exercise the rights provided in Section Q Extended Reporting Period Option.
L. Alteration and Assignment
BDP0417001
Attadiment L- 5 757 1�14171' Cfrflicate 117;775T72119
Berkley InsurancefTvfitst�' Company
Notice of Cancellation to Certificate Holder(s) Endorsement
In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, Is amended by adding the following provision:
In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s) with mailing addresses on file with the agent of record.
This provision does not apply If cancellation Is due to nonpayment of premiums to us or lo a finance company authorized to cancel this Policy.
Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2.
Failure to provide such notice to the certificate holder(s) will not amend or extend the dale the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives.
Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged.
Insured
NV5 Global, Inc.
Effective Date of This Endorsement
05/01/2021
12 - BDP0713130 (07-13)
Policy Number
AEC -9044114-05
Authorized
Representative
26963-9020368-41058 Policy Form: BDP0417001 (04-17)
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE FEBRUARY 15, 2022
SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBI TRAFFIC, INC. FOR ON -CALL TRAFFIC CONTROL AND ENGINEERING PLAN
CHECK SERVICES
FISCAL
IMPACT:
SUMMARY:
EXPENSE: $20,000 FY 2021-22 CONTRACT AMENDMENT (103590-6290) $30,000 FY 2021-22 CONTRACT AMENDMENT (103590-6290)
BUDGET: $ 20,000 FY 2021-22 GENERAL FUND ENGINEERING FEES (103590-4310)
$ 30,000 FY 2022-23 GENERAL FUND ENGINEERING FEES
(103590-4310)
In November 2020, the City Council awarded a Traffic Engineering Services Agreement to RBI Traffic, Inc. ("RBI") for on -call traffic control and engineering plan check services. The agreement was for a three (3) year term for a not -to -exceed amount of $75,000, with the option to extend the term of the agreement for one (1) additional two-year term. At the same time, the City Council approved contract change order authority for the City Administrator up to $7,500 or 10% of the contract amount.
Due to the increased amount of traffic control plan check for encroachment permit applications over the past two (2) years, and the unexpected additional traffic control plan review requests by the SiFi project in 2021, RBI has spent $74,812 of the total contract amount to provide timely traffic engineering services as of January 2022. In order to continue the fastest and most efficient level of traffic control plan check services to the community, private development applicants, and utility partners, Staff is recommending a contract amendment for a not -to -exceed amount of $50,000 for RBI to continue to provide on -call traffic engineering services through the remainder of the three (3) year contract term.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. h.
Feb. 15, 2022
City Council Agenda
February 15, 2022