Placentia City Council
June 21, 2022

Project No.

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

INSTALLATION OF PARK AMENITIES AT KOCH AND GOLDENROD PARKS THIS AGREEMENT (herein "Agreement"), is made and entered into this 1 day of June, 2021 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and Great Western Installations, Inc. herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the replacement of park amenities at Koch and Goldenrod parks 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.

E. WHEREAS, this Agreement is authorized under City Administrator's authority to execute contracts under $25,000. Placentia Municipal Code Section 3.08.085.

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 PlayCore Wisconsin Inc. d/b/a GameTime a Utah corporation, located at 975 S. State Hwy 89 Logan, UT 84321.
(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 Administrator or City Engineer of City and shall have the duties set forth 1 Rev. 08/2017

Project No.
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.

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 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 Rev. 08/2017

Project No.

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, 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 3 Rev. 08/2017

Project No.
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. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum must be approved by the City Council. 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, Sixty Four Thousand Two Hundred Two Dollars ($64,202.00), but not exceeding the maximum contract amount of Sixty Four Thousand Two Hundred Two Dollars ($64,202.00) 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 percent (90%) 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 ten percent (10%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4 Rev. 08/2017

Project No.

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 Maieure. 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 August 31, 2022, 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:

Tyler Kyriopoulos or Lewis Painter
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.

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 5 Rev. 08/2017

Project No.
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.

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 6 Rev. 08/2017

Project No.
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 from 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 AND INDEMNIFICATION

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, 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.

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.

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. 7 Rev. 08/2017

Project No.

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.
(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', 8 Rev. 08/2017

Project No.
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 6.2 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 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.
9 Rev. 08/2017

Project No.

6.5 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 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. 10 Rev. 08/2017

Project No.

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 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 percent (90%) 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 ten percent (10%) 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 Administrator or his/her designee, 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 11 Rev. 08/2017

Project No.
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 Rights 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 A). 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.

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: Matthew Brand
To Contractor:

Great Western Installations, Inc.

Tyler Kyriopoulos or Lewis Painter
975 S Hwy 89
Logan, UT 94321
12 Rev. 08/2017

Project No.

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.

8.15 Severabilitv. 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.

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. 13 Rev. 08/2017

Project No.

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).

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 laws, 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, or 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. 14 Rev. 08/2017

Project No.

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.

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-Partv 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 15 Rev. 08/2017

Project No.

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.

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
Rhonda Shader , Mayor

CONTRACTOR
Date:
f Date:

Dates/5/22
Signature
Tyler Kyriopoulos/President
Name and Title
26-2639972
Social Security or Taxpayer ID Number
16 Rev. 08/2017

Project No.

ATTEST:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Date:

Date:

Date:

Karen Crocker, Director of Community Services
17 Rev. 08/2017

Project No.

EXHIBIT A

SCOPE OF SERVICES

Proposal for
City of Placentia
Prepared by

GREAT WESTERN
R ECR EA T 1 0 N
02-22-2022
Job # 105841-01
Goldenrod and Knoch Park Amenities Replacement
(GameTime)
r LA1C0RE =omoa„v
805-910-59711 www.gwpark.com

$35,311.00
$28,891.00 $28,891.00
4,202.00

GREAT WESTERN

INSTALLATIONS
Rwandan Sa11
EhndonOma kwon
Great Western Installations, Inc
975 S. State Hwy 89
Logan, UT 84321
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
[email protected]
www.gwpark.com
Goldenrod and Koch Park Amenities Replacement
City of Placentia
Attn: Matthew Brand
401 East Chapman Avenue
Placentia, CA 92870
Phone: 714-993-8232
[email protected]
02/22/2022
Quote #
105841-01-01
Ship to Zip 92870
Quantity Part #
Description
Unit Price
Amount
1 INSTALL
Install - Koch Park Amenities -
• Remove & Replace (QTY 6) Surface Mounted Benches
• Remove & Replace (QTY 7) Surface Mounted Trash Cans
• Remove & Replace (QTY 6) ADA Picnic Tables
• Remove & Replace (QTY 11) Picnic Tables
• Remove & Replace (QTY 4) Inground ADA BBQ's
• Remove and dispose spoils.
• Prevailing wages.
• Price includes one (1) move -on only
$35,311.00
1 INSTALL
Install - Goldenrod Park Amenities -
• Remove & Replace (QTY 7) Surface Mounted Benches
• Remove & Replace (QTY 5) Surface Mounted Trash Cans
• Remove & Replace (QTY 1) ADA Picnic Tables
• Remove & Replace (QTY 6) Picnic Tables
• Remove & Replace (QTY 2) Inground ADA BBQ's
• Provide and install (QTY 7) 3'X7'X4" Concrete Pads
• Remove and dispose spoils.
• Prevailing wages.
• Price includes one (1) move -on only
Sub Total
$64,202.00
Total $
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.

Site Address:

Goldenrod park
925 Goldenrod St.

Placentia, CA 92870
Koch park
2210 Valencia Ave
Placentia, CA 92870
Prevailing Wages
DIR #1000028191 CSLB #929912 B & C61/D34

GREAT WESTERN
: ti 9 - k L A -
Brandon Sei[L
9rndonMg•,ar, :nr
Great Western Installations, Inc 02/22/2022
975 S. State Hwy 89 Quote #
Logan, UT 84321 105841-01-01
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
[email protected]
www.gwpark.com
Goldenrod and Koch Park Amenities Replacement
TERMS & CONDITIONS:

Remittance Address:
975 S. Hwy 89
Logan, UT 84321
• PRICING: Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • PAYMENT TERMS: Net 30 days subject to approval by Credit Manager. A signed P.O. made out to Great Western Recreation or this signed quotation is required for all orders unless otherwise noted. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Checks should be made payable to Great Western unless otherwise directed. • FINANCE CHARGE: A 1.5% monthly finance charge (or as permitted by law) will be added to invoices over 30 days past due. • TAXES: Taxes will be be shown as a separate line item when included. Any applicable taxes not shown will be added to final invoice. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. • MINIMUM ORDER: Our minimum order is $50 (USD) Any order less than $5000 requires cash with order or payment by major credit card. • SHIPMENT: Multiple shipments may be required based on point of origin. Above costs assume one shipment for each vendor quoted. • DELIVERY: It is the responsibility of the owner to offload and inventory equipment, unless other arrangements have been made. Missing or damaged equipment must be reported within 60 days of acceptance of delivery.

INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process.

Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Accepted By (printed):

Telephone:

P.O. Number:

Purchase Amount: $64,202.00
SALES TAX EXEMPTION CERTIFICATE #:
(PLEASE PROVIDE A COPY OF CERTIFICATE)
Title:

Fax:

Date:

Salesperson's Signature Customer Signature
DIR Project # (California only)
FEIN#

GREAT WESTERN

INSTALL ATIONS
Rwandan Sa11
9rndonMgrprkron
Great Western Installations, Inc
975 S. State Hwy 89
Logan, UT 84321
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
[email protected]
www.gwpark.com
Goldenrod and Koch Park Amenities Replacement
Customer Order Info:

BILLING INFORMATION:

Bill to:

Contact:

Address:

Address:

City, State:

Tel:

E-mail:

Fax:

Zip:

SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE):

Ship to:

Contact:

Address:

Address:

City, State: Zip:

Tel: Fax:

E-mail:

02/22/2022
Quote #
105841-01-01

G REAT WESTERN

M ISTALLATIONS

BUSINESS CONTACT INFORMATION
Company name:

Company address:

City, State, Zip Code:

Year business commenced:
❑ Sole proprietorship
❑ Partnership
Mailing address if different: Phone:

Business Registered in State of:

Owner/President name:

Accounts Payable Contact:

Name:

Phone:

E-mail address:

Owner since (year)
❑ Corporation
❑ Other
Will you accept original invoices by email?
Yes
No
Sales and Use Tax Exemption Certificate Number:

Please note: We are required to charge tax on vour purchase according to applicable state law if a tax exemption certificate number is not supplied on this application along with a copy of the certificate.

AGREEMENT
The business entity and applicant herein collectively referred to as "customer" is submitting this Credit Application to Great Western Installations (GWI). as an inducement to to manufacture goods and/or provide services for the use and benefit of the business entity or customer listed herein. The customer agrees to the payment terms stated on GWI invoices, unless those terms have been modified through a mutually endorsed contract. A GWI invoice or a pay application, representing the value of goods and/or services provided, will be defined in payment default if one of the following events occurs:

1. The customer payment is not received by GWI within the agreed upon payment terms.

2. The customer enters a state of bankruptcy.

3. The customer is defined as insolvent by GWI.

4. The customer has misrepresented to GWI the provisions of this application, agreement or other agreements.

A late charge will be assessed on the unpaid amount of any invoice in arrears at the maximum rate permitted by the state in which the customer resides. In addition, the customer agrees to reimburse costs incurred by GWI to collect invoices or balances determined to be in payment default. These costs include, but are not limited to, attorney fees, court costs, debt collection agency fees, and any and all other costs expended to collect invoices in payment default. Customer agrees to mail payments to the "Remit To" address listed on GWI invoices unless an alternate address change is approved by the GWI Credit Manager. The terms and conditions of this agreement found herein shall prevail over terms and conditions stated on any other conflicting document(s) not endorsed or accepted by GWI.

Jurisdiction and Venue for any matter arising between the parties shall be in Cache County, Utah.

SIGNATURE
Agreed to herein and hereafter by:

Signature:

Print Name:

Title:

Date:

BANK/TRADE REFERENCES
Bank name:

Primary business address:

City, State Zip Code:

Contact Name:

Contact Phone Number:

Phone:

Account number:

Type of account: ❑Savings ❑ Checking ❑ Other
Company name: Phone:

Address: Fax:

City, State, ZIP Code: E-mail:

Type of account: Other:

Company name: Phone:

Address: Fax:

City, State, ZIP Code: E-mail:

Type of account: Other:

Company name: Phone:

Address: Fax:

City, State, ZIP Code: E-mail:

Type of account Other:

Please accept this as my/our authorization to release any and all information to Great Western Installations, Inc. regarding our history and relationship with your bank or company.

Signature:

Print Name:

Title:

Date:

Please return to Milisa Guthrie, [email protected]. Please feel free to contact Milisa at 435-245-5055 with any questions or concerns regarding this credit application and our process. Thank you.

GWI Applicaion r06/2017

rzi1�. 1I

GREAT WESTERN

INSTALLATIONS
Credit card payment authorization
Card issuer: Visa Master Card
Card number
Card Holder name as it appears on card
Billing address as it appears on card account.

Expiration date
CSC, Card Security Code
CSC note: Visa and MasterCard CSC use a 3 digit code on far right on the back of card.

Payment Amount $ Payment Release Date
Representing:
(Identifier for cash applications: Business name on order, invoice #, PO #, project name, order #) Charge authorized this date
By Cardholder signature Representing
(Business Name)
Return by fax or email to the GWR Credit Department at fax #435-245-5057, or email to [email protected] Please direct your questions to Shellece Gunnell at 435-245-5055.

Project No.

EXHIBIT B

SCHEDULE OF PERFORMANCE

Matt Brand
From: Brandon Seitz
Sent: Thursday, May 5, 2022 5:59 PM
To: Matt Brand
Subject: Re: Koch and Goldenrod Park Amenity Installation

EXTERNAL EMAIL
Hi Matt,
Yes, as long as all items have arrived we will have them installed.

Thank you,
Thank you,
Sent from my iPhone
On May 5, 2022, at 5:51 PM, Matt Brand wrote:

Brandon,
The amenities for Koch and Goldenrod are starting to arrive. We are hoping to have them installed by the end of August 2022 at the latest pending on their delivery. Any delays that come up we can agree on an adjusted install date. Is this agreeable?
Thank you,
Matthew Brand, CYSA 1 Coordinator 1 Community Services
Placentia 1 401 E. Chapman Ave. Placentia, CA 92870
m 714-993-8232 1 8 (714-961-0283) 1 ® mbrand5olacentia.oro Park
AC _, N`I'IA
_Ai.li•uit;`vl:l i f
Be er.

Download the iPlacentia Mobile App:

Download on the
App Store
GET rt OM
/ Google Play
Follow Us: 0

CONFIDENTIALITY NOTICE
1 This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-993-8232 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
2 Project No.

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

Project No.
shall apply separately to each project. The required 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 $250,000 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. • 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

Project No.
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
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 additional 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 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 included 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.

Project No.
• 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. 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.

F. Documentation
• The Certificate of Insurance shall include the following reference:
• 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.

Project No.

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
5/4/2022
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
Quality 1st Insurance Agency, Inc.
2129 North Main St., Suite A
North Logan, UT 84341

INSURED
Great Western Installations, Inc.
975 S Highway 89
Logan, UT 84321
CAM I I Amb
NAME:: Amber Garner
PHONE 435 752-0101
AE-MAIL''No, Ext):

I ADDRESS: amber@ql ins.com

INSURER(S) AFFORDING COVERAGE
INSURER A : Scottsdale Insurance Company
INSURER B : Owners Insurance Company
IINSURER C : Travelers Property Casualty Company of America IINSURER D : James River Insurance Company

I INSURER E
I INSURER F :

FAX (A/C, No): (435)752-2465
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 AUUL'SUbK POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A

X COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE X OCCUR
GEN- 'L AGGREGATE LIMIT APPLIES PER:

PRO-

JECT LOC
POLICY
OTHER:

AUTOMOBILE LIABILITY

X - ANY AUTO

B - OWNED

AUTOS ONLY
_
HIRED

AUTOS ONLY
X

UMBRELLA LIAB

A X - EXCESS LIAB
DED I I RETENTION $

VVORRERS OMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
C OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
X
Y Y CPS7556729
Y 4663077201
OCCUR
CLAIMS -MADE CXS0021456
N / A Y UB -8P920588 -22-42-G
D Professional Liability
00087628-3
LIMITS

EACH OCCURRENCE
UHIVIHGt I U KtIV I tU
PREMISES (Ea occurrence)
IMED EXP (Any one person)
04/09/2022 04/09/2023 I PERSONAL & ADV INJURY

I GENERAL AGGREGATE

I PRODUCTS - COMP/OP AGG
UUMUINEU SINGLE LIMI 1
(Ea accident)
I BODILY INJURY (Per person)
10/10/2021 10/10/2022 I BODILY INJURY (Per accident)
PKUI'EK 1 Y UAMAGE
(Per accident)
04/09/2022 04/09/2023
05/05/2022 05/05/2023

EACH OCCURRENCE

AGGREGATE
XHEK

STATUTE
01H -
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
Each Occurrence
12/06/2021 12/06/2022 General Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See ACORD 101

CERTIFICATE HOLDER
City of Placentia
401 E Chapman Avenue
Placentia, CA 92870

CANCELLATION
NAIC #
41297
32700
25674
12203
2,000,000
100,000
5,000
2,000,000
2,000,000
2,000,000
1,000,000
5,000,000
5,000,000
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000

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
Matt Re 6iny
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORO®
AGENCY
Quality 1st Insurance Agency, Inc.

POLICY NUMBER
AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE

NAMED INSURED
Great Western Installations, Inc.
4663077201, 00087628-3, UB -8P920588-22, CPS7556729, CXS0021456

CARRIER NAIC CODE
Auto -Owners Insurance Company 32700, 122(I EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance RE: Koch and Goldenrod Parks

The City of Placentia, its officers, employees, representatives, attorneys 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. A waiver of subrogation applies.

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

YTIJI8AIJ JAA3413O JAI383MMO3
Eh Sr EC OS 03
.YJJU93AA0 TI ataa 32A3J9 .Y01J09 3HT 23O101AH0 T1,13M32AOa1l3 2IHT AO 233223J ,2fI310IW0 - O2$IUCI,lI JAMOITIdaA
I0I3HW 2UTAT2 3ITAMOTUA - 2$OTOAATVIOO
VIOITOU$TB1100 VIBTTIAW A VII 43AIU0351
UOY HTIW TI#13M3351OA
:pniwollot sdf isbnu bsbivoiq sonsluzfI esitibom inemeaiobne aidT oast of bsbiols sonsluani et of fosgesi dfiW
Isnoiiibbs pniwollot sdf ,zbsiueni Isnoiiibbs
:ylqqs anoiauloxe
:of ylggs ion asob eonsluani aidT
Isnoaisq" 10 "spsmsb ytiegoiq" ,"yiu[ni vlibo8" .h
sdf io iuo gniai7s "yiu[ni pniaihsvbs bns
\ns ,1sbno1 of oldie et 10 ,to pnnebnei
10 pnilsenipns Isluiosiidals Isnoiaasioiq
:pnibuloni ,aeoivisa gniyeviva
of gnilist 10 ,pnivoiggs ,pnilsgslq edT .s
,apniwsib goda ,agsm ,evoiggs 10 eisgeiq
,zlsblo blsit ,z\svluz ,zhogsl ,znoinigo
bns apniwsib 10 aisbio spnsdo
10 :anoiisoitiaega
10 Isiufosfidois ,noifaegzni ,yioaivlequ8 .d
.zsitivifos gnnsenipne
amislo sdi ti nsys esilggs noizubxs aidT
ledfo 10 sonepilgen spells bsluzni yns fanisps
gnnid ,noizivisquz sdf ni pniobpnoiw
alsdfo io gnilofinom 10 pninisif ,fnemyolgms
bszuso doidw "sonsnuoao" sdi ii ,bewzni Isrlf
sdi 10 ,"sgsmsb'(hsgolq" 10 "yiu[ni ylibod" sdf
bns Isnoaisq" sdi beausa doidw eznetto
10 to pnnebnei sill bevlovni " iulni pnizibevbs
Isnoiaaetolq vns iebnsi of siulist sdi
pniyevluz 10 gniisenipne ,Islufastidals
.aeaivlea
S to h eps9
THAR 30ASi3VO0 YTIJI8AIJ JAH3V133 JAIOH3MMOO
.8 of bsbnsms ai boiuenl nA al odW — 11 noiiae2
10 noaieq yns beluzni Isnoiiibbs ns as sbuloni
gnimlohsq 918 uoy modw lot noifssinspio
10 nozisq douz bns uoy nedw anoifsiego
10 tosilnoo s ni pniihw ni beeips evsd noitssinspio
sd noifssinsgio 10 nozisq douz Isdi Inemselps
.yoiloq 1uo\ no bsluzni Isnoiiibbs ns as bebbs
Isnoiiibbs ns ai noifssinsgio 10 noaisq dou2
ylibod" 'lot viilidsil of toegaei dfiw ylno beluzni
bns Isnoalsq" ,o "spsmsb yhegolq" ,"yiu[ni
:yd ,hsq ni 10 slodw ni ,beaus° "yiu[ni pniaifisvbs
10 ;anoiaaimo 10 afos iuoY .h
1uoy no gnifos eaodf To anoiaaimo 10 afos edT .2
,tlsded
lot anoifsiogo gniopno 1uoy to sansmloheq sdf ni
.beiueni Isnoitibbs sdf
daue of bebiotts sonsiuzni sdf ,levewoH
:beluzni Isnoiiibbs
;wsl yd bsiiimisq insixs sdi of aeilggs ylnO .h
bns
sis goy doidw 1st nsdf iebsoid sd fon IIiW .S
of inemssips 10 fosifioo sdi yd beliupei
bsluzni
Isnoilibbs douz lot ebivoiq
ns as zufsfz e'noiissinspio 10 a'noaieq A
alone fnsmszlobns aidf iebnu beluani Isnoilibbs
bsluzni Isnoiiibbs isdi lot znoiisiego 'goy nedw
.bsfslgmoo els
.A
8fOS ,.onl ,SOit1O aeoivle2 eonsiuznl 0 Oh St EE OS 03

seed) o1 bsbiolls sonsivani slit o1 foegaei dfiW .0
of bsbbs ai gniwollot sdf ,absivani Isnoifibbs
:sans -wen! 10 eiimiJ — 111 noitae3
Isnoifibbs sdi to tlsded no ysq Iliw sw team erIT
:sanslueni to inuoms et al beivani
uoy insmssigs 10 fosiinoa ed1 yd beiiupsA .f
;beivani Isnoifibbs sdi dfiw otni bsisfns evsd
io
to etimil sldsoilgqs sdi isbnu eldslisvA S
;sonswani
.aael ai isvedoidw
eft sessioni fon Ilsda inemeaiobns eidT
.sonsluani to elimil sldsoilgqs
@t SI' EE OS 00
gni7tu000 "spsmsb yiiegoiq" 10 "yiu[ni vlibo8" .S
:isfts
io aihsq ,alsnsism gnibubni dhow IIA .s
dfiw noifosnnoo ni bedaimut inemgiups
nsdi isdfo) 1os(oiq sdi no dhow doua
sd of (eiisgsi 10 sonsnslnism ,soivise
Isnoifibbs sdi to tlsdsd no io yd bsm1ol1sq
bslsvoo sdi to noiisool sdf 1s (e)beivani
10 ;bsfslgmoo need esd anoiislego
sdi doidw to 1uo "*tow 7uoy" to noitioq IsdT .d
efi of tug used asrl asaiis spsmsb 10 vu(ni
noiissinsgio 10 noeisq yns yd sau bsbnefni
10 101os71noo 7sdfons nsdi iedfo
gnimrolisq ni bsgspne iolosiinoodue
sdf to frsq s as Isgionilq s tot anoifsisgo
.fos(olq sense
8111S ,.onl ,soitTO asoivis8 sonsiuenl 0 S To S ees9

TM3M32AOaM3
.011 ®YVIAgIMO3 3OVIASIU2i4I 3.IAU8TTOO2
.OH T1130A 03HU8H103MAH
EOOE
3TA0 3VIT03993 TH3M32AO0H3
(3MIT OAAOHAT2 .M.A I8:211
OHA OT 03H0ATTA
90 TAA9 A OHIM5109
5138MU1.1 Y3UO9
.9VII , 2VIOITASSATEVII VIH3T 23W TA3HI7 SSOS\@0\PO SvaaaZC'ago .YJJU33AA0 TI 0A3A 32A3J9 .Y0IJO9 3HT 23O1/1AHO TVI3M32AOOV13 2IHT —2AOTOAATI.100 AO 233223J ,2A3111W0—a3AUBI'lI JAIlOITIaaA 21,1OITAA39O JAI3A3MMOO 03T3JAMOO-2UTAT2 OITAMOTUA
:pniwollol srlf isbnu bsbivoiq sonsivani asitibom fnemsaiobns eidT TAA9 3OA83V03 YTIJI8AIJ JAA310130 JAIOfI3MMO3
TAA9 30ASI3V00 YTIJI8AIJ 8VIOITAA39O 03T3J9M03\8T0000A9 -6plO 10 noaisq \(n6 bsivani Isnoitibbs ns as ebuloni o1 bsbnems ai beiuenl nA el orIW—II noitos2 .A bosips noitssinspio io noalsq doua bns uoy nor -1w anoilsisgo bsmiotlsq sysd uoy modw lot nod6sin -ni Isnoifibbs ns as bsbbs sd noitssinspio 10 noaisq dove 1641 insmssip6 10 fosifnoo 6 ni pniliiw ni yfilidsil of tosgasi dfiw ylno bsivani Isnoitibbs n6 ai noitssinspio 10 noaisq dou2 .yoiloq ivoy no bsiva -ismmoo s 1s "}how luoy" jd ,hsq ni 10 slodw ni ,bsauso "sgsmsb yhegoiq" 10 `\nulni ylibod" lot anoilsisgo betelgmoo-atouboiq" sdt ni bebubni bns bsivani Isnoilibbs tsdf fol noilsool fosloiq Isla .biss6d
:isvewoH
.wsl'(d bsffimisq fnsfxs sdf of asilggs'Ino bsivani Isnoilibbs dove of bsbiolts sonsivani erIT .P iuzni sdf ,tnsmssips 10 fosifnoo s jd bsiiupsi ai bsivani Isnoitibbs sdf of bsbivoiq 99619vo0 11 .S 'd bsiiupsi 91s uoy doidw tsdt nsdi isbsoid sd ion Iliw bsivani Isnoitibbs moue of bebiotis sons .bsivani Isnoitibbs doua iof ebivoiq of tnsmssips 10 fosifnoo sdf ,no ")how iuoe moil pnlails "spsmsb ylisgoiq" i0 "flujnl yIibod" of ylqqs fon esob sonsivani eirIT .0 ".foe(oiq Isifnebiaei" s of pnilslsi ysw yns ni i0 dfiw noitosnnoo ni -o92 of bsbbs ai pniwollol sdl ,absivani Isnoifibbs sasdf of bsbiotts sonsivani sit of fosgasi dfiW .8 :sonsivanl tO aiimiJ—III noit
Iliw sw loom edi Jr—Isms—Qs-10 fositnoo s yd bsiiupsi ai bsivani Isnoilibbs sit o1 bsbivoiq spsisvoo 11 :sonsivani to tnuoms sdf el bsivani Isnoilibbs sdf to ilsdsd no ysq to ;tnsmssips 10 fosifnoo aril yd bsliupsA .P
.2291 ai isysdoirlw ;enoilsisbs0 sdf ni nwoda sonsivanl to elimiJ sldsoilqqs sdf isbnu sldslisvA .S .enolislslos0 eft 111 nwoda sonsivanl to atimiJ sldsoilgqs sdf 58691on1 ton II6da fnsmseiobne elrlT :ylggs enoilinitsb pniwollol eft ,tnsmsalobns aidl to asaogiuq ioR -noose ,noitouitanoo Isnipilo 10lnsmgolsysb Isnipiio eft pnivlovni fo9[oiq'(ns ansem `tosioiq IsifnsbiasH" -nwot ,atinu pniauorl \Iimst-i1Ium 10 ylimsl-slpnia siom 10 sno to pnilsbomsi 10 noitsvonsi ,noifouifa otni bshsvnoo asiufouita ledto ,aexslqub ,esvifsisg000 10 emuinimobnoo Isifnsbiasi ,asmodnwot ,aseuod bns ,gidaisnwo Isitnsbi2si evifoslloo 10 Isubivibni fol bsbnstni slioimob to sgyl iodic '(n610 emuinimobnoo .noi22imioq ati dfiw ,ani ,asihegoi9 081 to Isnstsm bstdpnygoo eobulonl StOS ant ,asilisgoi9 031 ,tr1 hygo0
Sto r sps9 (er-s) 284141-2JO

IIs To pnilebomei 10 noitsvonsi ,noilou7Tanoos7 ,noitou7Tanoo ,tnsmgolevsb sril To asasdq IIs ebuloni Ilsria -xs ,ainsmsvoigmi elle ,noiliaiupos bnsl oi betimil Ton Jud gnibuloni ,asiuiouite seed' of Insnehuggs aseis ,allsw pninisfsi ,elooq pnimmiwa ,ayswbsoi ,ayswAlsw ,a'Lswsviib ,esililifu ,bnsl To pnibsig 10 noifsyso 7uoy" nssm ion asob "foe[oiq IsifnsbiaeW .assis nommoo,o ,gnibliud ,slufoula isrlfo yns to noifoulfanoo -moo ni 10 no yleloa bsmiohsq 5I7ow luo(" to ,gnibliud fnsmhsgs ns dfiw noifosnnoo ni bemiohsq Thow ".agnibliud sau-bexim" to sosga Isioiem
afinu Isifnsbiast rlfod nisfnoo rioirlw tote -1st afnsmsvoigmi bns asiufouifa ansem "apnibliud sau-bsxiM" .sosga Isimsmmoo bns
3TA0 3VITATI432351939 03SIAOHTUA
.nolaaimloq ati rlliw ,anl ,asihsgoi9 021 to Isnstsm bstripnygoo aobulonl S(OS ,onl ,2sihsgor9 081 ,tripihygo0
S to S sps9 (2 r -S) 28AA-2Ja

POLICY NUMBER: CPS7556729 COMMERCIAL GENERAL LIABILITY
CG20011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG20011219
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2018 Page 1 of 1

YTIJI8AIJ JAA31,13O JAI3A3MMO3 e vadevago :5138MUN YDIJO9 er sr AO AS 03
.YJJUH351A3 TI OA35I 38A3J9 .Y31J09 3HT 83O11AH3 TH3M385IOOVI3 BIHT YSi3V003SI 90 2THOIFI 90 I39211AAT 90 513VIAW
(IIOITAOO$18U8 90 FI3VIAW) 2U OT 8 I3HTO T21,IIADA
:gniwollot edi isbnu bsbivoiq sonsivani esitibom fnsmsaiobns aidT TS1A9 3DAS13VO0 YTIJI8AIJ JAH31,13D JAIOSI3MMO0
THA 3DA593VO0 YTIJI8AIJ ATAG 3I14O51T03J3
TAA9 3DAA3VO0 YTIJI8AIJ HOUDIJ
23TI2 03TA1401230 TAAS 3DAA3V00 YTIJIBAIJ ViOITUJJO9
23TI2 03TAVVDI230 T59A9 3DA83VO0 03TIMIJ YTIJI8AIJ ViOITUJJO9 THAR 3OAA3V00 YTIJI8AIJ 2VOITAA390 03T3J9M0012T000OA9
THA9 3DAA3V00 YTIJI8AIJ 3VIT03TOA9 OAOAJIAH
2NVAT 03TAI401230 YOIJO9 >MAT 3DAAOT2 OMUO51D513014U
9JU03H38
:(a)noiissinspiO iO (a)nozis910 omsN
J0 2TH0IM HVIAW OT 333HOA 2AH Q3AU2MI HHT MOHW HTIW VIOITASIWADM0 AO U022134 YMA .2201 3HT OT HOIH4 QUA DMITIMW VII GAM 2I TVI3M3H5ThA HOU2 Q3QIVOH4 ,YA3VOJ3H 23TAT2 Q3TIMU
.anoifsislos0 sdf ni nworla ad Iliw ,svods nworla fon Ti slubsdo2 aidf sielgmoo of bsiiupsi noifsmiofnl f to r see]
10 isiansiT .8 dgslpsis9 of bebbs ai gniwollot sdT
To aU oT aisrliO fanisoA yiovooeSl 1O airlgiA
:znoifibno3 — VI noiios8
(a)noaisq erg fanisgs 'isvoosi To idgii yns svisw sW
svods slubsdo2 sdf ni nworla (a)noilssinsgio 10
sesisvo0 aid' lebnu s>Ism sw alnemssq To sausosd
lsd11nsixs ern of ylno 2silggs 2u yd isvisw dou2 .fls9
fanisgs yievoosi to ldgit afi bsvisw asd bsivani sdf
aidT .a2o1 of loiiq (a)noiissinspio 10 (a)noaisq doua
10 (a)noaisq ed1 o1 ylno asilggs lnemsaiobne
.svods slubsdo2 sdf ni nworla (a)noiissinsgio
8POS ,.onl ,soittO asoivis2 sonswanl OO er St AO AS OO

Agency Code 43-0107-00
Policy Number 46-630-772-01
58504 (1-15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR COVERED

AUTOS LIABILITY COVERAGE - BLANKET COVERAGE
This endorsement modifies insurance provided under the following:

COMMERCIAL AUTO POLICY

SECTION II - COVERED AUTOS LIABILITY COVER-
AGE is amended. The following provision is added.

Any person or organization is an insured for Covered
Autos Liability Coverage, but only to the extent that
58504 (1-15)
person or organization qualifies as an insured under

SECTION II - COVERED AUTOS LIABILITY COVER-
AGE, A. COVERAGE, 1. Who Is An Insured.

All other policy terms and conditions apply.

Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

TRAVELERS)

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC990376( A)- 001
POLICY NUMBER: UB -8P920588 -22-42-G

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.

The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium.

Person or Organization

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

Schedule
Job Description

MANUFACTURERS REPRESENTATIVE
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 Policy No. Endorsement No.

Insured Premium
Insurance Company Countersigned by
DATE OF ISSUE: 03-23-22 ST ASSIGN: Page 1 of 1

Project No.

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.