Regular Meeting Agenda
July 19, 2022
Placentia City Council
Placentia City Council Acting as Successor Agency to the Placentia Redevelopment Agency
Placentia Industrial Commercial Development Authority
Placentia Public Financing Authority
SPECIAL PROCEDURES NOTICE
On March 4, 2020, pursuant to California Government Code Section 8625, Governor Newsom declared a State of Emergency as a result of the threat of the COVID-19 virus.
On September 17, 2021, Governor Newsom signed AB 361, which went into immediate effect as urgency legislation. AB 361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes specified findings. As of February 9, 2022 it was reported that the COVID-19 pandemic had killed more than 81,811 Californians. Social distancing measures decrease the chance of the spread of COVID-19.
Given the health risks associated with COVID-19, please be advised that while the City Council Chambers are open to the public, some or all of the Placentia City Council Members may attend this meeting via teleconference. Those locations are not listed on the agenda and are not accessible to the public.
How to Observe the Meeting
To maximize public safety while maintaining transparency and public access, in addition to being open to the public, all City Council meetings are available to view live on AT&T U -verse (Channel 99), Spectrum (Channel 3), and online at www.placentia.org/pctv .
How to Submit Public Comment
Members of the public may provide public comment in person or comments may be sent for City Council consideration by email to the City Clerk at [email protected]. Please limit submitted comments to 200 words or less. Comments received before or during a Council meeting, until the close of the Oral Communications portion of the agenda, may not be read during the City Council meeting but will be summarized in the public record and are subject to the regular time limitations per speaker. Longer submittals will be included in the public record. If you are unable to provide your comments in writing, please contact the City Clerk's Office for assistance at (714) 993-8231.
Americans with Disabilities Act Accommodation
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at [email protected] or by calling (714) 993- 8231. Notification 48 hours prior to the meeting will generally enable City Staff to make reasonable arrangements to ensure accessibility while maintaining public safety. (28 CFR 35.102.35.104 ADA Title II)
Until further notice the City will implement the guidelines of the California Department of Public Health regarding social distancing.
The City of Placentia thanks you in advance for taking all precautions to prevent the spread of the COVID- 19 virus.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 1 of 10
Mayor Rhonda Shader
District 1
Mayor Pro Tem Chad P. Wanke
District 4
Craig S. Green
Councilmember
District 2
Ward L. Smith
Councilmember
District 5
Jeremy B. Yamaguchi
Councilmember
District 3
Robert S. McKinnell
City Clerk
Kevin A. Larson
City Treasurer
Damien R. Arrula
City Administrator
Christian L. Bettenhausen
City Attorney
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Phone: (714) 993-8117
Fax: (714) 961-0283
Email:
[email protected]
Website: www.placentia.org
Regular Meeting Agenda
July 19, 2022
Placentia City Council
Placentia City Council Acting as Successor Agency to the Placentia Redevelopment Agency
Placentia Industrial Commercial Development Authority
Placentia Public Financing Authority
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Copies of all agenda materials are available for public review in the Office of the City Clerk, online at www.placentia.org , and at the Placentia Library Reference Desk.
Persons who have questions concerning any agenda item may call the City Clerk's Office, (714) 993-8231, to make inquiry concerning the nature of the item described on the agenda.
Procedures for Addressing the Council/Board Members
Any person who wishes to speak regarding an item on the agenda or on a subject within the City's jurisdiction during the "Oral Communications" portion of the agenda should fill out a "Speaker Request Form" and give it to the City Clerk BEFORE that portion of the agenda is called. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing item should fill out a "Speaker Request Form" and give it to the City Clerk BEFORE the item is called.
The Council and Board members encourage free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of an entire group. To encourage all views, the Council and Board discourage clapping, booing or shouts of approval or disagreement from the audience.
PLEASE SILENCE ALL PAGERS, CELL PHONES, AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL AND BOARD MEMBERS ARE IN SESSION.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at (714) 993-8231.
Notification 48 hours prior to the meeting will generally enable City Staff to make reasonable arrangements to ensure accessibility.
(28 CFR 35.102.35.104 ADA Title II)
In compliance with California Government Code § 54957.5, any writings or documents provided to a majority of the City Council regarding any item on this agenda that are not exempt from disclosure under the Public Records Act will be made available for public inspection at the City Clerk's Office at City Hall, 401 East Chapman Avenue, Placentia, during normal business hours.
Study Sessions are open to the public and held in the City Council Chambers or City Hall Community Room. Executive Sessions are held in the Council Caucus Room. While the public may be in attendance during oral announcements preceding Executive Sessions, Executive Sessions are not open to the public.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022
PLACENTIA CITY COUNCIL
PLACENTIA CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
PLACENTIA REDEVELOPMENT AGENCY
PLACENTIA INDUSTRIAL COMMERCIAL DEVELOPMENT AUTHORITY
PLACENTIA PUBLIC FINANCING AUTHORITY
REGULAR MEETING AGENDA - CLOSED SESSION
July 19, 2022
5:30 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:
ROLL CALL:
Councilmember/Board Member Green
Councilmember/Board Member Smith
Councilmember/Board Member Yamaguchi
Mayor Pro Tem/Board Vice Chair Wanke
Mayor/Board Chair Shader
ORAL COMMUNICATIONS:
At this time, the public may address the City Council and Boards of Directors concerning any items on the Closed Session Agenda only. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.
The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.
1. Pursuant to Government Code Section 54956.8
CONFERENCE WITH LEGAL COUNSEL — Initiation of Litigation Significant Exposure to Litigation: 1 case
2. Pursuant to Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representatives: Damien R. Arrula, City Administrator Employee Organizations: Placentia Firefighters' Association (PFA) RECESS: The City Council and Boards of Directors will recess to their 7:00 p.m. Regular Meeting.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 3 of 10
PLACENTIA CITY COUNCIL
PLACENTIA CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
PLACENTIA REDEVELOPMENT AGENCY
PLACENTIA INDUSTRIAL COMMERCIAL DEVELOPMENT AUTHORITY
PLACENTIA PUBLIC FINANCING AUTHORITY
REGULAR MEETING AGENDA
July 19, 2022
7:00 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:
ROLL CALL:
Councilmember/Board Member Green
Councilmember/Board Member Smith
Councilmember/Board Member Yamaguchi
Mayor Pro Tem/Board Vice Chair Wanke
Mayor/Board Chair Shader
INVOCATION:
Chaplain Kenneth Curry
PLEDGE OF ALLEGIANCE:
Police Sergeant Matt Herren
PRESENTATIONS:
a. Proclamation of July 2022 as Americans Disability Month Presenter: Mayor Shader
Recipients: Lee Squire, Disability Advocate
CLOSED SESSION REPORT:
CITY ADMINISTRATOR REPORT:
ORAL COMMUNICATIONS:
At this time, the public may address the City Council and Boards of Directors concerning any agenda item, which is not a public hearing item, or on matters within the jurisdiction of the City Council and Boards of Directors. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.
CITY COUNCIL/BOARD MEMBER COMMENTS:
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 4 of 10
1. CONSENT CALENDAR (Items 1.a. through 1.p.):
All items on the Consent Calendar are considered routine and are enacted by one motio approving the recommended action listed on the Agenda. Any Member of the City Council and Boards of Directors or City Administrator may request an item be removed from the Consent Calendar for discussion. All items removed shall be considered immediately following action on the remaining items.
1.a.
1.b.
Consideration to Waive Reading in Full of all Ordinances and Resolutions Fiscal Impact: None
Recommended Action: Approve
City Fiscal Year 2021-22 Register for July 19, 2022
Check Register
Fiscal Impact:
1) FY 21/22 - $443,703.08
2) FY 22/23 - $414,764.85
Electronic Disbursement Register
Fiscal Impact: $649,535.60
Recommended Action:
Receive and file
1.c. Making the Legally Required Findings to Continue to Authorize the Conduct of Remote "Telephonic" Meetings During the State Of Emergency Fiscal Impact: None
Recommended Action:
1) Approve Resolution R-2022-46, a Resolution of the City Council of the City of Placentia, California, making the legally required findings to continue to authorize the conduct of remote "telephonic" meetings during the state of emergency.
1.d. Acceptance of Construction Work, Approval of Contract Change Order No. 2 and Notice of Completion for Construction of the FY 2021-22 Slurry Seal Project (City Project No. 1202)
Fiscal Impact:
Expense: $568,281.29 Construction Contract Amount
$137,485.30 Contract Change Orders Nos. 1 & 2
$705,766.59 Total Construction Cost
Available
Budget: $173,115.47 FY 2021-22 CIP Project Budget
$173,115.47 Measure U (791202-6740)
Recommended Action:
1) Accept the work performed by Roy Allan Slurry Seal Inc., for construction of the Fiscal Year 2021-22 Slurry Seal Project, City Project No. 1202 for a grand total amount of $705,766.59; and
2) Authorize the City Administrator to approve Contract Change Order No. 2 in the amount of $94,876.30; and
3) Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
4) Approve Resolution No. R-2022-47, a Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
5) Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 5 of 10
1.e.
1.f.
Acceptance of Construction Work and Notice of Completion for the Alta Vista and Rose Drive Street Resurfacing Project
Fiscal Impact:
Expense: $275,250.00 Construction Contract (791101-6740) $ 15,447.30 Change Order (791101-6740)
$290,697.30 Total Project Cost
Available
Budget: $503,457.33 FY 2021-22 CIP Budget
Recommended Action:
1) Accept the Work by Hillcrest Contracting, Inc. For $290,697.30; and 2) Authorize the City Administrator to File a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
3) Authorize the City Administrator to Release Retention Funds in Accordance with the Terms of the Contract.
Approval of Plans and Specifications and Award of Construction Contract to all American Asphalt for the Fiscal Year 2021-22 Roadway Rehabilitation Project, City Project No. 1201
Fiscal Imoact:
Expense: s6,137,859.62 Total Construction Cost
$5,449,254.20 Construction Contract Amount
$ 544,925.42 Construction Contingency Amount
$ 143,680.00 Construction Management/Inspection Costs
Available
Budget:
$6,137,860.00
$ 603,876.00
$ 272,900.00
$ 500,000.00
$ 950,000.00
$3,105,000.00
$ 90,000.00
$ 332,000.00
$ 284,084.00
Total Project Budget
Fiscal Year 2021-22 CIP Budget (181201-6740)
Fiscal Year 2021-22 CIP Budget (601201-6740)
Fiscal Year 2022-23 CIP Budget (181201-6740)
Fiscal Year 2022-23 CIP Budget (601201-6740)
Fiscal Year 2022-23 CIP Budget (791201-6740)
Sewer Enterprise Fund (481201-6740)
City Of Anaheim Share (331201-6740)
SB 1/RMRA Fund Balance (601201-6740)
Recommended Action:
1) Approve the Engineered Plans and Specifications prepared by KOA Engineering for the FY 2021-22 I Roadway Rehabilitation Project No. 1201; and 2) Approve a Public Works Agreement with All American Asphalt for the FY 2021-22 Roadway Rehabilitation Project in the amount of $5,449,254.20; and 3) Reject all other bids received and authorize return of the bid bonds; and 4) Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $544,925.42, for a total construction contract not - to -exceed amount of $5,994,179.62; and
5) Approve a Cooperative Agreement with the City of Anaheim for the construction cost for Anaheim's share of the project that is estimated to be $332,000, with the final cost to be based on the actual bid received and final construction contract costs; and 6) Approve Resolution No. R-2022-48, a Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
7) Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 6 of 10
1.g.
Approval of Plans & Specifications and Award of Construction Contract to Martinez Concrete Inc for the ADA Access Ramp Installation Project, City Project No. 1305
Fiscal Impact:
Expense: s192,555 Total Construction Contract Amount
$175,050 Construction Contract Amount
$ 17,505 Construction Contingency Amount
Available
Budget: $100,000 Fiscal Year 2022-23 CIP Budget (791305-6740) $ 92,600 Measure U Fund Balance (791305-6740)
Recommended Action:
1) Approve Plans & Specifications prepared by the City Engineer and approve a Public Works Agreement with Martinez Concrete, Inc., for the ADA Access Ramp Installation Project in the amount of $175,050; and
2) Reject all other bids received and authorize return of the bid bonds; and 3) Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $17,505, for a total construction contract not -to - exceed amount of $192,555; and
4) Approve Resolution No. R-2022-55, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
1.h. Amendment No. 3 to Professional Services Agreement with Dennis Grubb and Associates, LLC. for Fire Prevention/Fire Marshal Services for Placentia Fire and Life Safety Department
Fiscal Imoact: $50,000 - Department Contract Services (103066-6290), with at least 80% of revenue generated by fire inspection and permit fees offsetting this expense.
Recommended Action:
1) Approve Amendment No. 3 to the Professional Services Agreement with Dennis Grubb and Associates LLC. to increase the compensation from $100,000 to $150,000; and 2) Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
1.i. Resolution Adopting the Annual Statement of Investment Policy for Fiscal Year 2O22-23
Fiscal Impact: None
Recommended Action:
1) Adopt Resolution No. R-2022-51, a Resolution of the City Council of the City of Placentia, California, adopting the annual Statement of Investment Policy for the Fiscal Year 2022-23.
1.j.
Purchase of Replacement Server and Networking Infrastructure for City Hall and Public Safety
Fiscal Impact:
Expense: $1,127,229.00 Total Purchase Price Of Equipment Available
Budget: $ 695,975.00 General Fund (106302-6364)
$ 431,254.00 Measure U (796302-6364)
Recommended Action:
1) Authorize the City Administrator to approve a purchase order to GST for the purchase of computing equipment not -to -exceed the amount of $1,127,229.00; and 2) Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 7 of 10
1.k.
Notice of General Municipal Election - November 8, 2022 Fiscal Impact:
Estimated Expense: $35,000
Budgeted: $35,000
Recommended Action:
1) Adopt Resolution No. R-2022-49, a Resolution of the City Council of the City of Placentia calling for the holding of a General Municipal Election to be held on Tuesday November 8, 2022 to elect City Council Members for Districts 2 and 4; electing a City Clerk, and requesting consolidation with the Statewide General Election being held on that date; and
2) Adopt Resolution No. R-2022-50, a Resolution of the City Council of the City of Placentia, California, adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.
1.1. Second Reading of Ordinance No. 0-2022-07, Amending Section 22.28.021 (Urban Lot Split) and Chapter 23.13 (Two -Unit Housing Development) to Incorporate Objective Standards within Single -Family Residential Districts in Connection with the Implementation of Senate Bill 9 (Zoning Code Amendment 2022-03)
Fiscal Impact: None
Recommended Action: Approve
1.m. Professional Services Agreement with CliftonLarsonAllen LLP for Financial Auditing Services for Fiscal Years 2021-22, 2022-23 and 2023-24 Fiscal Imoact:
Expense: $ 68,251 Fiscal Year 2021-22 (102020-6010)
$ 70,303 Fiscal Year 2022-23
$ 72,410 Fiscal Year 2023-24
Recommended Action:
1) Approve a Professional Services Agreement with CliftonLarsonAllen (CLA) LLP for Auditing Services for Fiscal Years 2021-22, 2022-23 and 2023-24 with the option for two additional one-year term extensions at the discretion of the City Council; and 2) Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
1.n. Lease of City -Owned Property located At 336 w. Santa Fe Avenue to His Orange County
Fiscal Impact: Revenue: $3,600 First Year; CPI Increase at Year 2 and Each Subsequent Year Thereafter
Recommended Action:
1) Authorize the City Administrator to execute a lease agreement, as approved by the City Attorney, with Homeless Intervention Services of Orange County for 336 w. Santa Fe Avenue.
1.o. Agreement with Planetbids, Inc. for E -Procurement and Contract Management Software System
Fiscal Impact:
Expense: Fiscal Year 2022-23 - $31,150.00
Fiscal Year 2023-24 - $26,419.50
Fiscal Year 2024-25 - $27,212.09
Budget: $ 31,150.00 General Fund (101523-6136)
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 8 of 10
Recommended Action:
1) Approve the Support Services Agreement with PlanetBids, Inc. for an initial term of three (3) years with two (2) optional one (1) year extensions at the City's discretion for $84,782; and
2) Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
1.p. Resolution Authorizing the Temporary Suspension of Regulatory Ordinance Pertaining to the Operation of the Placentia Rotary Club Cowabunga Fundraiser Event on Saturday, September 17, 2022 at Kraemer Memorial Park Fiscal Impact: None.
Recommended Action:
1) Approve an agreement in a form approved by the City Attorney with the Placentia Rotary Club to host the annual Cowabunga fundraising event at Kraemer Memorial Park and authorize the City Administrator or designee to execute all applicable documents; and
2) Adopt Resolution No. R-2022-52, a Resolution of the City Council of the City of Placentia Authorizing the Temporary Suspension of Regulatory Sections 10.28.010 and
23.76.050 of the Placentia Municipal Code for the operation of the Cowabunga fundraising event on September 17, 2022, from 3:00 p.m. to 8:00 p.m. at Kraemer Memorial Park located at 201 N. Bradford Ave.
2. PUBLIC HEARING:
2.a. Annual Solid Waste Handling Services Rate Adjustment and Related Resolutions for Fiscal Year 2022-23
Fiscal Impact: There is no direct fiscal impact to the City's General Fund Budget associated with the recommended actions.
Recommended Action:
1) Open the Public Hearing concerning the Solid Waste Handling Services, Rate Adjustment and related resolutions for Fiscal Year 2022-23; and 2) Receive the Staff Report, consider all public testimony, ask questions of Staff; and 3) Close the Public Hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council; and 4) Adopt Resolution No. R-2022-53, a Resolution of the City Council of the City of Placentia, California, approving the Amended Fee Schedule for Solid Waste Handling Services for Fiscal Year 2022-23; and
5) Adopt Resolution No. R-2022-54, a Resolution of the City Council of the City of Placentia, California, authorizing and determining residential solid waste handling service charges and directing placement thereof on the Orange County property tax rolls for Fiscal Year 2022-23; and
6) Approve Amendment No. 13 to the Amended, Revised and Restated Agreement for Solid Waste Handling Services between the City of Placentia and Republic Waste Services of Southern California, LLC; and
7) Authorize the City Administrator to execute all the necessary documents, in a form approved by the City Attorney.
3. REGULAR AGENDA:
3.a. City Council Study Session: Speed Hump Installation Policy Fiscal Impact: None
Recommended Action:
1) Receive and file this report and presentation
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 9 of 10
CITY COUNCIL/BOARD MEMBERS REQUESTS:
Council/Board Members may make requests or ask questions of Staff. If a Council/Board Member would like to have formal action taken on a requested matter, it will be placed on a future Council or Board Agenda.
ADJOURNMENT:
The City Council/Successor Agency/ICDA/PPFA Board of Directors will adjourn to a regular City Council meeting on Tuesday, September 6, 2022 at 5:30 p.m.
TENTATIVE AGENDA FORECAST
The Tentative Agenda Forecast is subject to change up until the posting of the Agenda for the Council Meeting listed below:
1) PSA Senior Community Center
2) Resolution Adopting Section 115 Trust Policy
3) Military Banner Program Amendment
CERTIFICATION OF POSTING
I, Nancy M. Albitre, Interim Deputy City Clerk of the City of Placentia and Assistant Secretary of the Industrial Commercial Development Authority, the Successor Agency, and the Placentia Public Financing Authority hereby certify that the Agenda for the July 19, 2022 meetings of the City Council, Successor Agency, Industrial Commercial Development Authority, and the Placentia Public Financing Authority was posted on July 14, 2022.
Nancy M. Albitre
Interim Deputy City Clerk
Placentia City Council/Successor Agency/ICDA/PPFA Agenda, July 19, 2022 Page 10 of 10
Type Vendor Name/ID Description
City of Placentia
Check Register
For 07/19/2022
FY 21/22
Account/Description
Batch ID Amount Invoice# PO # Check # Check Date
Check Totals by ID
AP 443,703.08
EP 0.00
IP 0.00
OP 0.00
Fund Name
101 -General Fund (0010)
117 -Measure U Fund (0079)
225 -Asset Seizure (0021)
233 -Gen Plan Update Fees (0074)
234 -Technology Impact Fees (0075)
242 -City Pub Sfty Impct Fee (0067)
265 -Landscape Maintenance (0029)
275 -Sewer Maintenance (0048)
280-Misc Grants Fund (0050)
302 -Public Financing Autho(0082)
401 -City Capital Projects (0033)
501 -Refuse Administration (0037)
701 -Special Deposits (0044)
Check Totals by Fund
240,056.94
126,073.10
13,836.73
10.50 6.13
19,438.19
34.45 6,258.29
10,000.00
675.00
20,067.50
7,143.75
102.50
Check Total: 443,703.08
Grand Total: 443,703.08
Void Total:
Check Total:
Funds will be transferred from the Cash Basis Fund as needed to fund the warrants included on this warrant register
0.00 443,703.08
1.b.
July 19, 2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Check # Check Date
MW OH A2Z CONSTRUCT INC JUNE CONSTRUCTION SVS 795106-6185 V012024 Construction Services
MW OH ALL CITY MANAGEMENT 6/12-25 CROSSING GUARD SVS 103047-6290 V000005 Dept. Contract Services
MW OH ALODIA DE GUZMAN GADDKACILITY DEPOSIT REFUND 100000-4385 V012272 Facility Rental
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 V006631 Towing Services
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES 103047-6181 AP070722 20,513.74 5106-2 P12392 00111691 07/08/2022
Check Total: 20,513.74
AP070722 1,601.60 78553 P12137 00111692 07/08/2022
Check Total: 1,601.60
AP070722 125.00 2003121.002 00111693 07/08/2022
Check Total: 125.00
AP070722 101.75 22-0505-14990 00111694 07/08/2022
AP070722 185.00 22-0514-15281 00111694 07/08/2022
AP070722 185.00 22-0514-15291 00111694 07/08/2022
AP070722 185.00 22-0516-15339 00111694 07/08/2022
AP070722 185.00 22-0520-15499 00111694 07/08/2022
AP070722 185.00 22-0521-15535 00111694 07/08/2022
AP070722 185.00 22-0522-15536 00111694 07/08/2022
AP070722 185.00 22-0528-15740 00111694 07/08/2022
AP070722 101.75 22-0528-15759 00111694 07/08/2022
AP070722 101.75 22-0531-15806 00111694 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 1
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice# PO # Check # Check Date
V006631
MW OH ANAHEIM FULLERTON MAY TOWING SERVICES
V006631
Towing Services
103047-6181
Towing Services
MW OH ARTS ORANGE COUNTY JUNE MGMT SVS - GATEWAY ARTS 501206-6740 V012199
MW OH BEAR ELECTRICAL
MW OH BEAR ELECTRICAL
MW OH BEAR ELECTRICAL
MW OH BEAR ELECTRICAL
MW OH BEAR ELECTRICAL
MW OH BEAR ELECTRICAL
V010997
V010997
V010997
V010997
V010997
V010997
MW OH BOHLMANN INC
V012190
MW OH BOYLE, SHEILA
V012271
MW OH BOYLE, SHEILA
V012271
MW OH BOYLE, SHEILA
JAN RESPONSE TS MAINT SVS
JAN RESPONSE TS MAINT SVS
FEB RESPONSE TS MAINT SVS
FEB RESPONSE TS MAINT SVS
FEB RESPONSE TS MAINT SVS
FEB RESPONSE TS MAINT SVS
PICNIC TABLES
BLDG PERMIT REFUND
BLDG PERMIT REFUND
BLDG PERMIT REFUND
Infrastructure - Streets
AP070722
Check Total:
185.00 22-0531-15850
1,785.25
AP070722 10,000.00 063022-01
Check Total: 10,000.00
103590-6099 AP070722 5,112.70 14881
Professional Services
103590-6099/21011-6099 AP070722 29.63 14881
Professional Services
103590-6099 AP070722 3,503.33 15004
Professional Services
103590-6099/21009-6099 AP070722 210.72 15004
Professional Services
103590-6099/21010-6099 AP070722 205.59 15004
Professional Services
103590-6099/21012-6099 AP070722 194.05 15004
Professional Services
797207-6760
Infrastructure - Parks
740000-4302
General Plan Update Fee
750000-4303
Technology Fee
0044-2049
Check Total: 9,256.02
AP070722 26,285.00 B14614
Check Total: 26,285.00
AP070722 10.50 B21-2031
AP070722 6.13 B2I-2031
AP070722 2.50 B21-2031
00111694 07/08/2022
P12391 00111695 07/08/2022
P12251 00111696 07/08/2022
P12251 00111696 07/08/2022
P12251 00111696 07/08/2022
P12251 00111696 07/08/2022
P12251 00111696 07/08/2022
P12251 00111696 07/08/2022
P12375 00111697 07/08/2022
00111698 07/08/2022
00111698 07/08/2022
00111698 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 2
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
V012271
MW OH BOYLE, SHEILA
V012271
MW OH CITY OF ANAHEIM
V010186
MW OH CORNER KEYSTONE
V012253
MW OH CORNER KEYSTONE
V012253
MW OH CORNER KEYSTONE
V012253
MW OH CSMFO
V012274
BLDG PERMIT REFUND
5/13-6/16 T/S ELECTRICAL COSTS
JUNE FD2 CONSTRUCTION SVS
JUNE FD2 CONSTRUCTION SVS
JUNE FD2 CONSTRUCTION SVS
6/28 CSMFO MEETING REG
MW OH CVC AUDIONIDEO SUPPLY DVD'S FOR PD
V000272
MW OH DFS FLOORING INC
V000099
MW OH DFS FLOORING INC
V000099
MW OH ENTERPRISE FLEET
V003312
MW OH ENTERPRISE FLEET
MAY CARPET CLEANING SVS
JUNE CARPET CLEANING SVS
JUNE PD VEHICLE LEASE
JUNE PD VEHICLE LEASE PMT
Health & Safety Collection
100000-4162
Plumbing Permits
109595-6330
Electricity
675105-6185
Construction Services
795105-6185
Construction Services
105105-6850
Building & Facilities
102020-6245
Meetings & Conferences
103041-6301
Special Department Expenses
103654-6301
Special Department Expenses
103654-6301
Special Department Expenses
103041-6165
Vehicle Rental
103042-6165
AP070722
Check Total:
AP070722
69.50 B21-2031
88.63 72.36 062922
Check Total: 72.36
AP070722 19,438.19 2206-01
AP070722 59,124.50 2206-01
AP070722 2,429.77 2206-01
Check Total: 80,992.46
AP070722 30.00 200013580
Check Total:
AP070722
Check Total:
AP070722
AP070722
Check Total:
30.00 452.55 84758
452.55
709.00 309757-11
709.00 309757-12
1,418.00
P12439
P12439
P12439
00111698 07/08/2022
00111699 07/08/2022
00111700 07/08/2022
00111700 07/08/2022
00111700 07/08/2022
00111701 07/08/2022
00111702 07/08/2022
00111703 07/08/2022
00111703 07/08/2022
AP070722 3,598.38 FBN4480262 P12135 00111704 07/08/2022 AP070722 6,682.72 FBN4480262 P12135 00111704 07/08/2022 User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 3
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO #
Check # Check Date
V003312
MW OH GALLS LLC
V000438
MW OH GALLS LLC
V000438
MW O1-1 GALLS LLC
V000438
MW OH GALLS LLC
V000438
MW OH GOLDEN STATE WATER
V000928
MW OH GOLDEN STATE WATER
V000928
MW OH HALO CONFIDENTIAL
V011712
MW OH HELPING OUR PETS
V012275
MW OH HELPING OUR PETS
V012275
MW OH HELPING OUR PETS
V012275
PD UNIFORMS - JUNG
PD UNIFORMS - PEREZ
PD UNIFORMS - TEJEDA
CREDIT - PD UNIFORMS
MAY -JUNE WATER CHARGES
103041-6360
Uniforms
103041-6360/50040-6360
Uniforms
103041-6360/50040-6360
Uniforms
109595-6335
Water
MAY -JUNE WATER CHARGES 296561-6335
Water
JUNE PD TRAINING MGMT SVS 103040-6290
3/7-20 K9 CHAMP BOARDING SVS
3/25-27 K9 KYRA BOARDING SVS
6/18-22 K9 KYRA BOARDING SVS
MW OH HF&H CONSULTANTS LLC JAN SB 1383 CONSULTING SVS - V010575
Dept. Contract Services
103041-6301
Special Department Expenses
103041-6301
Special Department Expenses
103041-6301
Special Department Expenses
374386-6099
Professional Services
Vehicle Rental
Check Total: 10,281.10
103041-6360/50040-6360 AP070722 48.74 021520977
Uniforms
AP070722 88.36 021521032
AP070722 4.85 021521095
AP070722 -9.48 021523541
Check Total: 132.47
AP070722 12,545.75 062922
AP070722 34.45 062922
Check Total: 12,580.20
AP070722 2,158.78 0194T
Check Total: 2,158.78
AP070722 910.00 26694
AP070722 140.00 27216
AP070722 280.00 30392
Check Total: 1,330.00
AP070722 5,973.75 9718983
00111705 07/08/2022
00111705 07/08/2022
00111705 07/08/2022
00111705 07/08/2022
00111706 07/08/2022
00111706 07/08/2022
P12314 00111707 07/08/2022
00111708 07/08/2022
00111708 07/08/2022
00111708 07/08/2022
P12197 00111709 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 4
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH HF&H CONSULTANTS LLC MAY SB 1383 CONSULTING SVS 374386-6099 V010575
MW OH HI -WAY SAFETY RENTALS CITY STREET SIGNS
V000459
MW OH HOUSTON & HARRIS PCS IN(MAY SEWER CLEANING SVS
V010110
MW OH HOYT ROOFS INC
V003476
MW OH IMPERIAL SPRINKLER
V006506
MW OH JOHN L HUNTER &
V009056
MW OH JV PLUMBING
V011345
MW OH JV PLUMBING
V011345
MW OH KELLY ASSOCIATES
V012264
ROOFING BOND REFUND
Professional Services
103652-6310
Street Signs
484356-6120
R & M/Sewer & Storm Drain
0044-2033
Construction & Demo Deposit
ELECTRIC VALVE, PVC ADAPTER 104071-6130
Repair & Maint/Facilities
APRIL NPDES CONSULTING SVS 103593-6099
Professional Services
PLUMBING SERVICES
PW YARD PLUMBING SVS
103654-6130
Repair & Maint/Facilities
103654-6130
Repair & Maint/Facilities
FIVE YEAR STRATEGIC PLAN 101001-6001
Management Consulting Servics
MW OH KOA HILLS CONSULTING LL6T13-24 CONSULTING SVS
102020-6099
Check Total:
Check Total:
AP070722 1,170.00 9719333 P12197 00111709 07/08/2022
7,143.75
AP070722 2,379.70 130924 00111710 07/08/2022
Check Total:
2,379.70
AP070722 6,258.29 22-24529 P12108 00111711 07/08/2022
6,258.29
AP070722 100.00 30-22-038 00111712 07/08/2022
Check Total:
100.00
AP070722 395.69 5173115-00 00111713 07/08/2022
Check Total:
395.69
AP070722 6,711.25 PLA1MS412204P12288 00111714 07/08/2022 Check Total: 6,711.25
AP070722 167.50 3011 00111715 07/08/2022
AP070722 167.50 3016 00111715 07/08/2022
Check Total: 335.00
AP070722 15,000.00 MAY 10, 2022 P12447 00111716 07/08/2022 Check Total: 15,000.00
AP070722 1,881.25 9143
P12240 00111717 07/08/2022
User: Teri Knutson
Report: AP 1400M : AP: Warrant List - Machine
Page: 5
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
V011519
MW OH KOA HILLS CONSULTING LL6727-7/1 CONSULTING SVS
V011519
MW OH KOA HILLS CONSULTING LL6127-7/1 CONSULTING SVS
V011519
MW OH KOSMONT TRANSACTIONS
V011935
MW OH KOSMONT TRANSACTIONS
V011935
MW OH KOSMONT TRANSACTIONS
V011935
MW OH M JACK BROOKS JD
V010723
MW OH MC FADDEN-DALE
V000635
MW OH NATIONAL BUSINESS
V000669
MW OH NV5 INC
V011256
MW OH NV5 INC
V011256
MW OH NV5 INC
V011256
MARCH PORTFOLIO MGMT SVS
APRIL PORTFOLIO MGMT SVS
MAY PORTFOLIO MGMT SVS
JUNE BOND ISSUANCE SVS
SPLIT LOOM
WC OFFICE FURNITURE
NOV CONST MGMT, INSPECTIONS
DEC CONST MGMT, INSPECTIONS
FEB CONST MGMT, INSPECTIONS
Professional Services
102020-6099
Professional Services
796204-6840
Machinery & Equipment
102020-6099
Professional Services
102020-6099
Professional Services
102020-6099
Professional Services
825525-6925
Issuance Costs
103654-6301
Special Department Expenses
215202-6850
Building & Facilities
103101-6750
Infrastructure - Sewer
103101-6750
Infrastructure - Sewer
103101-6750
Infrastructure - Sewer
AP070722
AP070722
Check Total:
AP070722
AP070722
AP070722
Check Total:
293.75 9181
2,331.25 9181
4,506.25
2,457.78 2201.6-001(REVJ'12451 00111718 07/08/2022
2,457.87 2201.6-002 P12451 00111718 07/08/2022
2,457.89 2201.6-003 P12451 00111718 07/08/2022
7,373.54
AP070722 675.00 25 PFIN
Check Total:
AP070722
Check Total:
AP070722
Check Total: 13,775.08
AP070722 1,760.00 248988
AP070722
AP070722 3,040.00 259905
675.00
33.51 485038/5
33.51 13,775.08 MK574809
P12240 00111717 07/08/2022
P12240 00111717 07/08/2022
P12386
840.00 253811 P12386
P12386
P12260 00111719 07/08/2022
00111720 07/08/2022
P12336 00111721 07/08/2022
00111722 07/08/2022
00111722 07/08/2022
00111722 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 6
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH NV5 INC
V011256
MW OH OFFICE INDUSTRIES
V007477
MW OH PBK-WLC ARCHITECTS
V012022
MW OH PERIMETER PROTECTION
V011153
MW OH PERIMETER PROTECTION
V011153
MW OH PRUDENTIAL OVERALL
V000836
MW OH SO CAL GAS
V000909
APRIL CONST MGMT, INSPECTIONS 103101-6750
Infrastructure - Sewer
PAPER
109595-6315
Office Supplies
JUNE ARCHITECTURAL DESIGN SVS 105213-6850
Building & Facilities
NAV CTR SECURITY MONITORING 104071-6299
Other Purchased Services
GOMEZ SECURITY MONITORING 104071-6299
Other Purchased Services
6/23 PW UNIFORM CLEANING SVS 103650-6360
Uniforms
MAY -JUNE GAS CHARGES
109595-6340
Natural Gas
MW OH SOUTHERN CALIFORNIA MAY -JUNE ELECTRICAL CHARGES 109595-6330 V000910 Electricity
MW OH SPARKLETTS
V000967
JUNE SR CTR COFFEE, WATER SVS 109595-6301
Special Department Expenses
MW OH SPORTS FIELD SERVICES CHAMPIONS FIELD MAINT
104071-6130
AP070722 6,440.00 270616 P12386 00111722 07/08/2022
Check Total: 12,080.00
AP070722 300.04 69368A 00111723 07/08/2022
Check Total: 300.04
AP070722 27,562.50 0000000008 P12432 00111724 07/08/2022 Check Total: 27,562.50
AP070722 285.00 110 P12417 00111725 07/08/2022
AP070722 660.00 111 P12417 00111725 07/08/2022
Check Total: 945.00
152.88 62718509 P12167 00111726 07/08/2022
152.88
598.00 062922 00111727 07/08/2022
AP070722
Check Total:
AP070722
Check Total:
AP070722
Check Total:
AP070722
Check Total:
AP070722
598.00
2,250.30 062922
00111728 07/08/2022
2,250.30
151.77 14974536 062222 00111729 07/08/2022
151.77
35,200.00 212071
P12446 00111730 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 7
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice# PO # Check # Check Date
V012260
MW OH SUPERION LLC
V005987
Repair & Maint/Facilities
6/12-25 BI -TECH UPGRADE SVS 796103-6840
Machinery & Equipment
MW OH SWANK MOTION PICTURES 6/24 MOVIE LICENSE FEE
V004927
MW OH THE MEJORANDO GROUP CITY STAFF TRAINING SVS
V012186
MW OH THE SHERWIN WILLIAMS PAINT
V009928
MW OH THE SHERWIN WILLIAMS PAINT
V009928
MW OH TOTUM CORP
V010229
104071-6299/79397-6299
Other Purchased Services
109595-6999
Other Expenditure
103654-6134
Vehicle Repair & Maintenance
103654-6134
Vehicle Repair & Maintenance
MAY CONST INSPECTION SVS 103551-6099
Professional Services
MW OH TRANSTECH ENGINEERS IN(MAY TS CONST MGMT
V011220
MW OH TRANSUNION RISK &
V009317
332908-6185
Construction Services
JUND PD DATABASE TRANSACTIONS03042-6290
Dept. Contract Services
MW OH TREETOP PRODUCTS INC TRASH CANS
V010178
797208-6760
Infrastructure - Parks
180.00
Check Total:
35,200.00
AP070722 280.00 357517
Check Total:
AP070722
Check Total:
280.00
700.00 3205930
700.00
AP070722 3,857.95 34-2022
Check Total: 3,857.95
AP070722 94.04 4664-1
AP070722 255.03 4960-8
Check Total: 349.07
Check Total:
AP070722
Check Total: 20,067.50
AP070722 180.00 49451-202206-1
Check Total:
AP070722 17,538.61 INVTRE15401 P12382 00111738 07/08/2022 P12279 00111731 07/08/2022
00111732 07/08/2022
P12371 00111733 07/08/2022
00111734 07/08/2022
00111734 07/08/2022
AP070722 16,128.00 205813 P12111 00111735 07/08/2022
16,128.00
20,067.50 20216583 P12234 00111736 07/08/2022
00111737 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 8
07/13/2022 :Date
14:40:49 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH TURBO DATA SYSTEMS INC JUNE PARKING CITATION SVS
V001238
MW OH UNITED CARPORTS LLC
V009938
MW OH UNITED CARPORTS LLC
V009938
MW OH VISIONS TINT INC
V010106
MW OH VMI INC.
V006672
UNIT 1 GARAGE FABRICATION PMT
UNIT 2 GARAGE FABRICATION PM
WC OFFICE WINDOW TINTING
INSTALL SOUNDPROOF PANELS
MW OH WEST COAST ARBORISTS ING/10-17 TREE MAINT SVS
V001124
MW OH WEST COAST ARBORISTS ING/1-15 TREE MAINT SVS
V001124
103047-6290
Dept. Contract Services
105105-6185
Construction Services
105105-6185
Construction Services
215202-6850
Building & Facilities
103654-6130
Repair & Maint/Facilities
103655-6116
Tree Maintenance
103655-6116
Tree Maintenance
Check Total: 17,538.61
AP070722 2,067.69 37846
Check Total: 2,067.69
AP070722 17,790.00 17154
AP070722 29,743.50 17154
Check Total: 47,533.50
AP070722 61.65 220624
Check Total:
61.65 AP070722 3,920.40 304644
Check Total: 3,920.40
AP070722 600.00 187024
AP070722 7,388.00 187032
Check Total: 7,988.00
Type Total: 443,703.08
Check Total: 443,703.08
P12173 00111739 07/08/2022
P12203 00111740 07/08/2022
P12203 00111740 07/08/2022
00111741 07/08/2022
P12334 00111742 07/08/2022
P12166 00111743 07/08/2022
P12166 00111743 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 9
07/13/2022 :Date
14:40:49 :Time
Type Vendor Name/ID Description
City of Placentia
Check Register
For 07/19/2022
FY 22/23
Account/Description
Batch ID Amount Invoice# PO # Check # Check Date
Check Totals by ID
AP 414,764.85
EP 0.00
IP 0.00
OP 0.00
Fund Name
101 -General Fund (0010)
208-Sccssr Agncy Ret Oblg (0054)
225 -Asset Seizure (0021)
601 -Employee Health & Wlfre (0039)
605 -Risk Management (0040)
Check Totals by Fund
11,687.53
184,961.56
5,619.00
212,144.99
351.77
Check Total: 414,764.85
Grand Total: 414,764.85
Void Total:
Check Total:
Funds will be transferred from the Cash Basis Fund as needed to fund the warrants included on this warrant register
0.00 414,764.85
User: Teri Knutson
Report: AP 1400M : AP: Warrant List - Machine
Page: 5
07/13/2022 :Date
15:18:03 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH CAHN CONFERENCE
V012017
MW OH CALIFORNIA DENTAL
V008102
MW OH CALIFORNIA DENTAL
V008102
TRAINING CONF REG - J MARTINEZ 213041-6250
Staff Training
JULY DENTAL INSURANCE PMT
JULY DENTAL INSURANCE PMT
395000-4720
ISF Dental Ins Reimbursement
395083-4720
ISF Dental Ins Reimbursement
MW OH CALIFORNIA POLICE CHIEFS22/23 MEMBERSHIP - MCELHINNEY 103040-6255 V000196 Dues & Memberships
MW OH CALIFORNIA POLICE CHIEFS22/23 MEMBERSHIP - BUTTS 103040-6255 V000196 Dues & Memberships
MW OH CAPTURE TECHNOLOGIES
V004390
MW OH CAPTURE TECHNOLOGIES
V004390
22/23 SOFTWARE MAINT AGREEMEN1101515-6137
Repair Maint/Equipment
22/23 SOFTWARE MAINT AGREEMEN1I03043-6099
Professional Services
MW OH CAVENAUGH & ASSOCIATEDUI SEMINAR REG - CHUNG
V012231
MW OH CELLEBRITE USA INC
V008838
MW OH CITY OF SANTA ANA
V001179
MW OH CITY OF SANTA ANA
V001179
213041-6250
Staff Training
CELLEBRITE TRAINING REG FLOOD213041-6250
Staff Training
ADV GANG INVEST REG - DAVIS 103041-6250
Staff Training
ADV GANG INVEST REG - CARAVEZ 103041-6250
Staff Training
AP070822
Check Total:
AP070822
AP070822
Check Total:
400.00 JM09192322
400.00
913.52 JULY 22
126.33 JULY 22
1,039.85
AP070822 145.00 21897
AP070822 695.00 22452
Check Total: 840.00
AP070822 1,366.00 3093
AP070822 1,365.99 3093
Check Total: 2,731.99
AP070822 620.00 HC062022422
Check Total:
AP070822
Check Total:
AP070822
AP070822
620.00
3,850.00 Q-251379-1
3,850.00
100.00 CD07192122
100.00 IC07192122
00111744 07/08/2022
00111745 07/08/2022
00111745 07/08/2022
00111746 07/08/2022
00111746 07/08/2022
00111747 07/08/2022
00111747 07/08/2022
00111748 07/08/2022
00111749 07/08/2022
00111750 07/08/2022
00111750 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 1
07/13/2022 :Date
15:18:03 :Time
City of Placentia
Check Register
For 07/13/2022
Type Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH D PREP LCC
V006692
MW OH GILLIS, JOSEPH
V008160
MW OH GILLIS, JOSEPH
V008160
MW OH LUKE, BRADY
V010674
MW OH MACCUBBIN, MICHAEL
V007311
MW OH PARCEL PENDING INC
V010976
HOSTAGE NEGOTIATIONS REG
TUITION REIMBURSEMENT
SPRING TUITION REIMBURSEMENT
7/8 DJ SERVICES
213041-6250
Staff Training
109595-5150
Tuition Reimbursement
109595-5150
Tuition Reimbursement
104071-6299
Other Purchased Services
SPRING TUITION REIMBURSEMENT 109595-5150
Tuition Reimbursement
22/23 SOFTWARE LICENSE
103654-6301
Special Department Expenses
MW OH PRI MANAGEMENT GROUP RECORDS TRAINING REG GRIFFITH 103041-6250 V011596 Staff Training
MW OH PRINCIPAL LIFE
V008141
MW OH PRINCIPAL LIFE
V008141
JULY DENTAL INSURANCE PMT
JULY DENTAL INSURANCE PMT
MW OH SOUTHERN CALIFORNIA 22/23 MEMBERSHIP DUES
395000-4720
ISF Dental Ins Reimbursement
395083-5162
Dental Insurance Premiums
101515-6255
Check Total:
AP070822
200.00
749.00 3766892109
Check Total: 749.00
AP070822 1,755.00 CONVERSION
AP070822 1,087.50 SPRING 2022
Check Total: 2,842.50
AP070822 200.00 101
Check Total:
AP070822
Check Total:
AP070822
Check Total:
AP070822
200.00
1,248.75 SPRING 22
1,248.75
1,691.64 1786508
1,691.64
677.00 17183A
Check Total: 677.00
AP070822 1,237.50 07012022
AP070822 772.20 07012022
Check Total: 2,009.70
AP070822 50.00 2022-23
00111751 07/08/2022
00111752 07/08/2022
00111752 07/08/2022
00111753 07/08/2022
00111754 07/08/2022
00111755 07/08/2022
00111756 07/08/2022
00111757 07/08/2022
00111757 07/08/2022
00111758 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 2
07/13/2022 :Date
15:18:03 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
V010999
MW OH TALX UC eXpress
V002944
Dues & Memberships
6/1-8/31 UNEMPLOYEMENT CLAIMS 404581-6025
Third Party Administration
MW OH TRAINING INNOVATIONS INQ2/23 TMS SOFTWARE SUPPORT 103040-6290 V003664 Dept. Contract Services
MW OH US BANK ST PAUL
V010025
SA DEBT SERVICES PAYMENT 0054-1150
Cash w/Fiscal Agent
MW OH WELLS FARGO VENOR FIN 6/23-7/22 COPIER LEASE PMT 109595-6175 V010076 Office Equipment Rental
MW OH WELLS FARGO VENOR FIN 6/23-7/23 PRINTER LEASE PMT 109595-6175 V010076 Office Equipment Rental
MW OH WELLS FARGO VENOR FIN 6/23-7/22 PRINTER LEASE PMT 109595-6175 V010076 Office Equipment Rental
Check Total:
AP070822
Check Total:
AP070822
Check Total:
AP070822
Check Total:
50.00 351.77 2052489266
351.77
800.00 22-086
800.00
184,961.56 2010151
184,961.56
AP070822 255.57 5020545196
AP070822 70.69 5020545197
AP070822 79.39 5020545198
Check Total: 405.65
Type Total: 205,669.41
Check Total: 205,669.41
00111759 07/08/2022
00111760 07/08/2022
00111761 07/08/2022
00111762 07/08/2022
00111762 07/08/2022
00111762 07/08/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 3
07/13/2022 :Date
15:18:03 :Time
City of Placentia
Check Register
For 07/13/2022
Type
Vendor Name/ID
Description
Account/Description
Batch ID
Amount Invoice#
PO # Check # Check Date
MW OH CALIFORNIA PUBLIC
V006234
MW OH CALIFORNIA PUBLIC
V006234
MW OH CALIFORNIA PUBLIC
V006234
JULY MEDICAL PREMIUM
JULY MEDICAL PREMIUM
JULY FD MEDICAL INSURANCE
395083-5161
Health Insurance Premiums
395000-4715
ISF Health Ins Reimbursement
395000-4715
ISF Health Ins Reimbursement
ACH070722 15,418.51 10000001683726
ACH070722 162,038.50 10000001683726
ACH070722 31,638.43 10000001683727
Check Total:
Type Total:
Check Total:
209,095.44
209,095.44
209,095.44
00016117 07/07/2022
00016117 07/07/2022
00016117 07/07/2022
User: Teri Knutson
Report: AP1400M : AP: Warrant List - Machine
Page: 4
07/13/2022 :Date
15:18:03 :Time
Type
Vendor Name/ID
Description
City of Placentia
Electronic Disbursement Register
For 07/19/2022
FY 22/23
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EDR Totals by ID
AP 0.00
EP 57,765.42
IP 0.00
OP 0.00
Fund Name EDR Totals by Fund
601 -Employee Health & Wlfre (0039) 57,765.42
Electronic Disbursement Sub Totals: 57,765.42
ACH Payroll Direct Deposit for 07/15/2022: 591,770.18
Grand Total: 57,765.42
Void Total:
EDR Total:
Electronic Disbursement Total: 649,535.60
Funds will be transferred from the Cash Basis Fund as needed to fund the warrants included on this warrant register
0.00 57,765.42
User: Teri Knutson
Report: AP 1400E : AP: Warrant List - Electronic
Page: 11
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP ALDWIR, MAMOUN JULY MEDICAL REIMBURSEMENT 395083-5161 E000113 Health Insurance Premiums
EP ANDERSON, MARLA JULY MEDICAL REIMBURSEMENT 395083-5161 E000071 Health Insurance Premiums
EP ARMSTRONG, JOHN T JULY MEDICAL REIMBURSEMENT 395083-5161 E000046 Health Insurance Premiums
EP AUDISS, JAY SCOTT JULY MEDICAL REIMBURSEMENT 395083-5161 E000125 Health Insurance Premiums
EP BABCOCK, CHARLES A JULY MEDICAL REIMBURSEMENT 395083-5161 E000015 Health Insurance Premiums
EP BEALS, SHARLENE JULY MEDICAL REIMBURSEMENT 395083-5161 E000076 Health Insurance Premiums
EP BERMUDEZ, ALBERT JULY MEDICAL REIMBURSEMENT 395083-5161 E000124 Health Insurance Premiums
EP BUNNELL, DONALD JULY MEDICAL REIMBURSEMENT 395083-5161 E000062 Health Insurance Premiums
EP BURGNER, ARTHUR JULY MEDICAL REIMBURSEMENT 395083-5161 E000074 Health Insurance Premiums
ACH070122 1,295.00 JULY 22
Check Total: 1,295.00
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 1,080.65 JULY 22
Check Total: 1,080.65
ACH070122 1,745.00 JULY 22
Check Total: 1,745.00
ACH070122 312.00 JULY 22
Check Total: 312.00
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 527.48 JULY 22
Check Total: 527.48
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 535.78 JULY 22
Check Total: 535.78
00016032 07/01/2022
00016033 07/01/2022
00016034 07/01/2022
00016035 07/01/2022
00016036 07/01/2022
00016037 07/01/2022
00016038 07/01/2022
00016039 07/01/2022
00016040 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 1
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP BUSSE, MICHAEL JULY MEDICAL REIMBURSEMENT 395083-5161 ACH070122 1,326.00 JULY 22 E000131 Health Insurance Premiums
EP CHANDLER, JOHN P JULY MEDICAL REIMBURSEMENT 395083-5161 E000109 Health Insurance Premiums
EP CHANG, ROBERT
E000107
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP COBBETT, GEOFFREY JULY MEDICAL REIMBURSEMENT 395083-5161 E000007 Health Insurance Premiums
EP COOK, ARLENE M JULY MEDICAL REIMBURSEMENT 395083-5161 E000018 Health Insurance Premiums
EP D'AMATO, ROBERT JULY MEDICAL REIMBURSEMENT 395083-5161 E000056 Health Insurance Premiums
EP DAVID, PRESTON JULY MEDICAL REIMBURSEMENT 395083-5161 E000112 Health Insurance Premiums
EP DAVIS, CAROLYN AUG MEDICAL REIMBURSEMENT 395083-5161 E000005 Health Insurance Premiums
EP DEAN, ANDREW
E000135
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
Check Total: 1,326.00
ACH070122 1,393.00 JULY 22
Check Total: 1,393.00
ACH070122 1,290.00 JULY 22
Check Total: 1,290.00
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 1,823.00 JULY 22
Check Total: 1,823.00
00016041 07/01/2022
00016042 07/01/2022
00016043 07/01/2022
00016044 07/01/2022
00016045 07/01/2022
00016046 07/01/2022
00016047 07/01/2022
00016048 07/01/2022
00016049 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 2
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description Batch ID Amount Invoice# PO # Ref # Ref Date EP DELOS SANTOS, JAMIE JULY MEDICAL REIMBURSEMENT 395083-5161 E000045 Health Insurance Premiums
EP DICKSON, ROBERTA JO JULY MEDICAL REIMBURSEMENT 395083-5161 E000011 Health Insurance Premiums
EP DOWNEY, CAROL AUG MEDICAL REIMBURSEMENT 395083-5161
E000082 Health Insurance Premiums
EP ECKENRODE, NORMAN AUG MEDICAL REIMBURSEMENT 395083-5161 E000029 Health Insurance Premiums
EP ESCOBOSA, LILLIAN JULY MEDICAL REIMBURSEMENT 395083-5161 E000055 Health Insurance Premiums
EP ESPINOZA, ROSALINDA JULY MEDICAL REIMBURSEMENT 395083-5161 E000016 Health Insurance Premiums
EP FRICKE, JUERGEN
E000075
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP FULLER, GLENN H JULY MEDICAL REIMBURSEMENT 395083-5161 E000081 Health Insurance Premiums
EP GALLANT, KAREN JULY MEDICAL REIMBURSEMENT 395083-5161 E000008 Health Insurance Premiums
ACH070122 153.53 JULY 22
Check Total: 153.53
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 573.00 JULY 22
Check Total: 573.00
ACH070122 770.00 JULY 22
Check Total: 770.00
ACH070122 770.00 JULY 22
Check Total: 770.00
ACH070122 535.78 JULY 22
Check Total: 535.78
00016050 07/01/2022
00016051 07/01/2022
00016052 07/01/2022
00016053 07/01/2022
00016054 07/01/2022
00016055 07/01/2022
00016056 07/01/2022
00016057 07/01/2022
00016058 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 3
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP GARNER, JO ANN JULY MEDICAL REIMBURSEMENT 395083-5161 E000047 Health Insurance Premiums
EP GARNER, KITTY
E000080
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP GRIMM, DENNIS L JULY MEDICAL REIMBURSEMENT 395083-5161 E000042 Health Insurance Premiums
EP HOLTSCLAW, KATHERINE JULY MEDICAL REIMBURSEMENT 395083-5161 E000121 Health Insurance Premiums
EP IRVINE, SUZETTE JULY MEDICAL REIMBURSEMENT 395083-5161 E000019 Health Insurance Premiums
EP JENKINS, ROBERT
E000084
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP JOHNSON, SHARON JULY MEDICAL REIMBURSEMENT 395083-5161 E000099 Health Insurance Premiums
EP JONES, ROBERT
E000053
EP JUAREZ, JANET
E000134
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 878.44 JULY 22
Check Total: 878.44
ACH070122 586.00 JULY 22
Check Total: 586.00
ACH070122 557.02 JULY 22
Check Total: 557.02
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 614.88 JULY 22
Check Total: 614.88
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 145.65 JULY 22
Check Total: 145.65
ACH070122 145.65 JULY 22
Check Total: 145.65
00016059 07/01/2022
00016060 07/01/2022
00016061 07/01/2022
00016062 07/01/2022
00016063 07/01/2022
00016064 07/01/2022
00016065 07/01/2022
00016066 07/01/2022
00016067 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 4
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP JUDD, TERRELL
E000115
AUG MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP KIRKLAND, RICHARD L JULY MEDICAL REIMBURSEMENT 395083-5161 E000110 Health Insurance Premiums
EP LITTLE, DIANE M
E000098
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP LOOMIS, CORINNE JULY MEDICAL REIMBURSEMENT 395083-5161 E000122 Health Insurance Premiums
EP LOWREY, B J
E000041
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP MAERTZWEILER, MICHAEL 'AUG MEDICAL REIMBURSEMENT 395083-5161 E000032 Health Insurance Premiums
EP MANNING, VEDA M JULY MEDICAL REIMBURSEMENT 395083-5161 E000063 Health Insurance Premiums
EP MILANO, JAMES
E000054
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP MILLER, RICHARD JULY MEDICAL REIMBURSEMENT 395083-5161 E000106 Health Insurance Premiums
ACH070122 887.67 JULY 22
Check Total: 887.67
ACH070122 145.65 JULY 22
Check Total: 145.65
ACH070122 232.94 JULY 22
Check Total: 232.94
ACH070122 563.43 JULY 22
Check Total: 563.43
ACH070122 312.00 JULY 22
Check Total: 312.00
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 1,124.00 JULY 22
Check Total: 1,124.00
00016068 07/01/2022
00016069 07/01/2022
00016070 07/01/2022
00016071 07/01/2022
00016072 07/01/2022
00016073 07/01/2022
00016074 07/01/2022
00016075 07/01/2022
00016076 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 5
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP OLEA, ARLENE J
E000014
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP PALMER, GEORGE JULY MEDICAL REIMBURSEMENT 395083-5161 E000094 Health Insurance Premiums
EP PASCARELLA, RICHARD JULY MEDICAL REIMBURSEMENT 395083-5161 E000129 Health Insurance Premiums
EP PASCUA, RAYNALD JULY MEDICAL REIMBURSEMENT 395083-5161 E000114 Health Insurance Premiums
EP PASPALL, MIHAJLO JULY MEDICAL REIMBURSEMENT 395083-5161 E000085 Health Insurance Premiums
EP PEREZ, ROBERT
E000111
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP PICHON, WALTER JULY MEDICAL REIMBURSEMENT 395083-5161 E000103 Health Insurance Premiums
EP PINEDA, MATEO
E000127
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP PISCHEL, STEPHEN JULY MEDICAL REIMBURSEMENT 395083-5161 E000130 Health Insurance Premiums
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 1,145.00 JULY 22
Check Total: 1,145.00
ACH070122 1,745.00 JULY 22
Check Total: 1,745.00
ACH070122 1,728.00 JULY 22
Check Total: 1,728.00
ACH070122 440.30 JULY 22
Check Total: 440.30
ACH070122 145.65 JULY 22
Check Total: 145.65
ACH070122 232.94 JULY 22
Check Total: 232.94
ACH070122 456.06 JULY 22
Check Total: 456.06
ACH070122 1,026.56 JULY 22
Check Total: 1,026.56
00016077 07/01/2022
00016078 07/01/2022
00016079 07/01/2022
00016080 07/01/2022
00016081 07/01/2022
00016082 07/01/2022
00016083 07/01/2022
00016084 07/01/2022
00016085 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 6
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP POINT, ERIC
E000133
EP REDIFER, KIM R
E000022
EP RENDEN, BRIAN
E000083
EP REYES, ROGER T
E000024
JULY MEDICAL REIMBURSEMENT 395083-5161 ACH070122 1,823.00 JULY 22 Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP REYNOLDS, MATTHEW JULY MEDICAL REIMBURSEMENT 395083-5161 E000132 Health Insurance Premiums
EP RICE, RUSSELL J
E000059
EP RIVERA, AIDA
E000026
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP ROACH, MICHAEL JULY MEDICAL REIMBURSEMENT 395083-5161 E000105 Health Insurance Premiums
EP ROBB, SANDRA
E000043
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
Check Total: 1,823.00
ACH070122 770.00 JULY 22
Check Total: 770.00
ACH070122 917.50 JULY 22
Check Total: 917.50
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 563.43 JULY 22
Check Total: 563.43
ACH070122 1,393.00 JULY 22
Check Total: 1,393.00
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 1,393.00 JULY 22
Check Total: 1,393.00
ACH070122 535.78 JULY 22
Check Total: 535.78
00016086 07/01/2022
00016087 07/01/2022
00016088 07/01/2022
00016089 07/01/2022
00016090 07/01/2022
00016091 07/01/2022
00016092 07/01/2022
00016093 07/01/2022
00016094 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 7
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description
Batch ID Amount Invoice# PO # Ref # Ref Date
EP ROSE, RICHARD D JULY MEDICAL REIMBURSEMENT 395083-5161 E000050 Health Insurance Premiums
EP SALE, LEE R
E000031
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP SANCHEZ, LAURA JULY MEDICAL REIMBURSEMENT 395083-5161 E000058 Health Insurance Premiums
EP SCHLIEDER, BEVERLY JULY MEDICAL REIMBURSEMENT 395083-5161 E000120 Health Insurance Premiums
EP SMITH, WARD
E000128
EP SOTO, PHILIP J
E000052
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP SPRAGUE, GARY A JULY MEDICAL REIMBURSEMENT 395083-5161 E000064 Health Insurance Premiums
EP STEPHEN, JEFFREY JULY MEDICAL REIMBURSEMENT 395083-5161 E000119 Health Insurance Premiums
EP TAYLOR, DAVID M JULY MEDICAL REIMBURSEMENT 395083-5161 E000088 Health Insurance Premiums
ACH070122 1,123.51 JULY 22
Check Total: 1,123.51
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 193.39 JULY 22
Check Total: 193.39
ACH070122 878.44 JULY 22
Check Total: 878.44
ACH070122 586.00 JULY 22
Check Total: 586.00
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 1,745.00 JULY 22
Check Total: 1,745.00
ACH070122 1,283.16 JULY 22
Check Total: 1,283.16
ACH070122 586.00 JULY 22
Check Total: 586.00
00016095 07/01/2022
00016096 07/01/2022
00016097 07/01/2022
00016098 07/01/2022
00016099 07/01/2022
00016100 07/01/2022
00016101 07/01/2022
00016102 07/01/2022
00016103 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 8
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type
Vendor Name/ID
Description
Account/Description Batch ID Amount Invoice# PO # Ref # Ref Date
EP TAYLOR, LINDA
E000126
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP THOMANN, DARYLL L JULY MEDICAL REIMBURSEMENT 395083-5161 E000101 Health Insurance Premiums
EP TRIFOS, WILLIAM JULY MEDICAL REIMBURSEMENT 395083-5161 E000104 Health Insurance Premiums
EP VALENTINE, THOMAS JULY MEDICAL REIMBURSEMENT 395083-5161 E000118 Health Insurance Premiums
EP VERSTYNEN, WILLIAM JULY MEDICAL REIMBURSEMENT 395083-5161 E000092 Health Insurance Premiums
EP WAHL, KATHLEEN A JULY MEDICAL REIMBURSEMENT 395083-5161 E000030 Health Insurance Premiums
EP WIEST, STEPHEN
E000079
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
EP WORDEN, LARRY M JULY MEDICAL REIMBURSEMENT 395083-5161 E000116 Health Insurance Premiums
EP YAMAGUCHI, BRIAN JULY MEDICAL REIMBURSEMENT 395083-5161 E000123 Health Insurance Premiums
ACH070122 426.56 JULY 22
Check Total: 426.56
ACH070122 535.78 JULY 22
Check Total: 535.78
ACH070122 770.00 JULY 22
Check Total: 770.00
ACH070122 586.00 JULY 22
Check Total: 586.00
ACH070122 145.65 JULY 22
Check Total: 145.65
ACH070122 193.00 JULY 22
Check Total: 193.00
ACH070122 536.00 JULY 22
Check Total: 536.00
ACH070122 586.00 JULY 22
Check Total: 586.00
ACH070122 1,393.00 JULY 22
Check Total: 1,393.00
00016104 07/01/2022
00016105 07/01/2022
00016106 07/01/2022
00016107 07/01/2022
00016108 07/01/2022
00016109 07/01/2022
00016110 07/01/2022
00016111 07/01/2022
00016112 07/01/2022
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 9
07/14/2022 :Date
12:01:02 :Time
City of Placentia
Electronic Disbursement Register
For 07/14/2022
Type Vendor Name/ID Description
Account/Description Batch ID Amount Invoice# PO # Ref # Ref Date
EP ZINN, JOHN
E000009
JULY MEDICAL REIMBURSEMENT 395083-5161
Health Insurance Premiums
ACH070122 1,290.56 JULY 22 00016113 07/01/2022
Check Total: 1,290.56
Type Total: 57,765.42
Check Total: 57,765.42
User: Teri Knutson
Report: AP1400E : AP: Warrant List - Electronic
Page: 10
07/14/2022 :Date
12:01:02 :Time
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES DATE: JULY 19, 2022
SUBJECT: MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE "TELEPHONIC" MEETINGS DURING THE STATE
OF EMERGENCY
FISCAL
IMPACT: None
SUMMARY:
On Friday, September 17, 2021, the Governor signed Assembly Bill (AB) 361. AB -361 allows local agencies to continue to conduct remote ("Zoom") meetings during a declared state of emergency, provided local agencies comply with specified requirements. Absent this legislation, local agencies would have had to return to traditional meetings beginning on October 1, 2021.
Starting October 1, 2021 and running through the end of 2023, to participate in remote meetings, public agencies must comply with the requirements of new subsection (e) of Government Code section 54953. By majority vote the City Council must determine that "as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees," and that a state of emergency remains active and continues to directly impact the ability of the members to meet safely in person.
Staff recommended that that both the initial determination, and all subsequent determinations be made by City Council resolution. At the January 18, 2022 meeting, City Council approved Resolution R-2022-01 making the initial determination. At the February 15, 2022 meeting, City Council approved Resolution R-2022-04, and on March 15, 2022 City Council approved Resolution R-2022-12, and on April 19, 2022 City Council approved Resolution R-2022-19 and on May 17, 2022 City Council approved Resolution R-2022-27, and on June 19, 2022 Resolution R-2022-39 and on the making the determination to continue to authorize the conduct of remote meetings. Approval of Resolution R-2022-46 (Attachment 1) would continue to confirm the subsequent determination to continue remote meetings in 2022.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1.c.
July 19, 2022
City Council Agenda
July 19, 2022
Approve Resolution R-2022-46, a Resolution of the City Council of the City of Placentia, California, making the legally required findings to continue to authorize the conduct of remote "telephonic" meetings during the state of emergency.
DISCUSSION:
On March 4, 2020, Governor Newsom declared a state of emergency. That declaration is still in effect. Since March 12, 2020, Executive Orders from the Governor have relaxed various Brown Act meeting requirements to allow remote meetings and to temporarily suspended the Brown Act provisions requiring the physical presence of members at the public meetings. The most recent extension of that authorization expired at the end of September 2021.
Starting October 1, 2021 and running through the end of 2023, to participate in remote meetings, public agencies must comply with the requirements of new subsection (e) of Government Code section 54953.
The first remote public meeting of a legislative body on or after October 1, 2021 is allowed only if it is during a state of emergency proclaimed by the Governor, and at least one of the following is true:
1. State or local officials have imposed or recommended measures to promote social distancing; or
2. The legislative body is holding a meeting for the purpose of determining "whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees." That is, the legislative body will be determining whether there is such risk; or
3. By "majority vote" the legislative body determines that "as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees." That is, the legislative body already determined there is such risk.
Any time after the first remote meeting of the legislative body, it can meet remotely if both of the following apply:
1. State/local emergency/social distancing. Either:
a. "A state of emergency remains active;" or
b. State or local officials have imposed or recommended measures to promote social distancing;" and
2. 30 days. Within the last 30 days (which vote may occur at that meeting) the legislative body has made the following findings by majority vote:
a. The legislative body has reconsidered the circumstances of the state of emergency; and
b. Any of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing.
City Council Agenda
July 19, 2022
Subsection (e)(3) of Government Code section 54953 states that after the legislative body makes this determination, the legislative body must make this determination "every 30 days thereafter." The City Council made the initial determination to conduct remote meetings in 2022 at the January 18, 2022 meeting by adopting Resolution R-2022-01, and the City Attorney and Staff recommend that for each subsequent meeting (until there is no longer a desire to meet remotely), the City Council approve a Consent Calendar item to make the legally required finding described in subsection (e)(3), and thereby allow the City Council and all boards, commissions, and committees to continue to meet remotely.
Approval of Resolution R-2022-46 (Attachment 1) would confirm the subsequent determination to continue remote meetings for an additional 30 days.
Prepared by:
Nancy M. AItf re
Interim Deputy City Clerk
Reviewed and OpptCoved:
Damien R. Arrula
City Administrator
Reviewed and approved:
Ros nna Ramirez
Deputy City Administra
Attachment:
Resolution R-2022-46 — Authorizing Continued Remote Meeting Participation
RESOLUTION NO. R-2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, MAKING THE LEGALLY
REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE
THE CONDUCT OF REMOTE "TELEPHONIC" MEETINGS
DURING THE STATE OF EMERGENCY
A. Recitals.
(i). On March 4, 2020, pursuant to California Gov. Code Section 8625, the Governor declared a state of emergency.
(ii). On September 17, 2021, Governor Newsom signed AB -361, which bill went into immediate effect as urgency legislation. (iii). AB -361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes specified findings.
(iv). As of February 9, 2022, the COVID-19 pandemic has killed more than 81,811 Californians.
(v). Social distancing measures remain to decrease the chance of the spread of COVID-19.
(vi). The City Council of the City of Placentia previously adopted Resolution R-2022-01, R-2022-04, R-2022-12, R-2022-19, R-2022-27, R-2022-39 and R-2022-46 to authorize this body and subservient bodies of boards, commissions, and committees to conduct remote "telephonic" meetings.
(vi). Government Code Section 54953(e)(3) authorizes this legislative body to continue to conduct remote "telephonic" meetings provided that it has timely made the findings specified therein.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. This legislative body declares that it has reconsidered the circumstances of the state of emergency declared by the Governor and at least one of the following is true: (1) the state of emergency continues to directly impact the ability of the members of this legislative body and subservient bodies of boards, commissions, and committees RESOLUTION R-2022-46 ATTACHMENT
PAGE 1 OF 2
to meet safely in person; and/or (2) State or local officials continue to impose or recommend measures to promote social distancing.
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED this 19th day of July 2022.
Rhonda Shader, Mayor
Attest:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 19th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
None
None
None
None
Robert S. McKinnell, City Clerk
Approved as to Form:
Christian L. Bettenhausen, City Attorney
RESOLUTION R-2022-46 ATTACHMENT
PAGE 2 OF 2
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JULY 19, 2022
ACCEPTANCE OF CONSTRUCTION WORK, APPROVAL OF CONTRACT
CHANGE ORDER NO.2 AND NOTICE OF COMPLETION FOR CONSTRUCTION OF THE FY 2021-22 SLURRY SEAL PROJECT (CITY PROJECT NO. 1202) EXPENSE: $568,281.29 CONSTRUCTION CONTRACT AMOUNT
$137,485.30 CONTRACT CHANGE ORDERS NOS. 1 & 2
$705,766.59 TOTAL CONSTRUCTION COST
AVAILABLE
BUDGET: S173,115.47 FY 2021-22 CIP PROJECT BUDGET
$173,115.47 MEASURE U (791202-6740)
On October 5, 2021, the City Council awarded a construction contract to Doug Martin Contracting Company, Inc., (Doug Martin) in the amount of $568,281.29 for for a Slurry Seal project covering approximately 1.66 million square feet of residential streets. The Scope of Work for the project also included removing and replacing approximately 1,000 square feet of damaged pavement, replacement of approximately 5,587 square feet of damaged sidewalk panels, replacement of damaged concrete curb and gutters, and replacement of all pavement striping and legends. Two (2) Contract Change Orders in the amount of $137,485.30, or 24% of the construction contract amount were needed to complete the project. These change orders included a number of owner betterment changes to the project in addition to some unforeseen conditions encountered during construction not anticipated during the design phase. The City Administrator was authorized to approve contract change orders up to 10% of the contract amount. Change Order No. 1 in the amount of $42,609.00 was approved by the City Administrator as it was within his administrative approval limit. Change Order No. 2 is presented to the City Council for its review and consideration as it exceeds the City Administraotor's approval limit.
The Project has been completed to the satisfaction of the City. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $705,766.59.
1.d.
July 19, 2022
City Council Agenda
July 19, 2022
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Accept the work performed by Roy Allan Slurry Seal Inc., for construction of the Fiscal Year 2021-22 Slurry Seal Project, City Project No. 1202 fora grand total amount of $705,766.59; and
2. Authorize the City Administrator to approve Contract Change Order No. 2 in the amount of $94,876.30; and
3. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
4. Approve Resolution No. R-2022-47, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
5. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
DISCUSSION:
On October 5, 2021, the City Council awarded a construction contract to Doug Martin Contracting Company, Inc. in the amount of $568,281.29 for for a Slurry Seal Project consisting of approximately 1.66 million square feet of rubberized slurry pavement sealant on residential streets. The Scope of Work for the slurry seal project also included removing and replacing approximately 1,000 square feet of damaged pavement, replacement of approximately 5,587 square feet of damaged sidewalk panels, replacement of damaged concrete curb and gutters, and replacement of all pavement striping and legends.
During the course of completing this project, the contractor was directed to perform additional paving, slurry sealing and replacing additional damaged curb/gutters and sidewalks. Change Order No. 1 in the amount of $42,609.00 was issued to cover the cost for additional asphalt paving on Bradford Avenue and Madison Avenue casued by collapsed corregated metal storm drain pipe and additional work for removal of tree roots found at various locations under the sidewalks.
Change Order No. 2 is presented for City Council's consideration in the amount of $94,876.30 for replacement of additional 5,000 square feet of pavement in the areas with failed subgrade, damaged curb/gutters, cross -gutters and sidewalk replacement, in addition to extra micro-griding of asphalt pavement to eliminate trip hazards caused by the micro -trenching for the Placentia Fiber City Project.
City Council Agenda
July 19, 2022
FISCAL IMPACT:
The final construction cost plus the change orders amounts to $705,766.59. This cost consists of the bid amount submitted by Doug Martin in the amount of $568,281.29 and $137,485.30 for 2 contract change orders. A total amount of $173,115.47 is available and budgeted in the Fiscal Year (FY) 2021-22 CIP Budget for this project. As such, sufficient funds exist for the recommended actions.
Prepared by:
Masou Sepahi
City E ineer
Reviewed and approved:
Jean er Lampman
Director of Finance
Revie roved:
Luis Estevez
Deputy City Administrator
Reviewed
Damien R. Arrula
City Administrator
Attachments:
1. Notice of Completion — Doug Martin Contracting Inc. for Project No. 1202
2. Change Order No. 2
3. Resolution No. 2022-47 — Budget Amendment Resolution
Das
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r
Name
Street
Address
City &
State
L
City Clerk
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
J
City Council Approval:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Free Recording Per Government Code Section 27383 & 6103.
NOTICE OF COMPLETION
Interim Deputy City Clerk
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Placentia
3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870
4. The nature of the interest or estate of the owner is: In fee.
N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES
N/A
6. A work of improvement on the property hereinafter described was completed on June 30, 2022. The work done was:
FY 2021-22, Slurry Seal Project. City Project #1202. This work included slurry sealinc of approximately 1.7 million scuare feet of residential roadways in addition to aaoroximately 5,400 SF of damaced pavement and replacement of approximately 6,000 SF of damaced sidewalk. .
The name of the contractor, if any, for such work of improvement was Doug Martin Contracting Company, Inc.
7. 220 E. Foundation Avenue, La Habra, CA 90631 10/5/2021 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Placentia County of Orance , State of California, and is described as follows: FY 2021-22, Slurry Seal Project, City Project #1202
9. The street address of said property is "none"
Dated: July 19, 2022
Verification for Individual Owner
(If no street address has been officially assigned. insert "none".)
CITY OF PLACENTIA
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Administrator, Damien R. Arrula the declarant of the foregoing ("President of", "Manager of", "Owner of", etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 19
(Date of Signature.)
, 2022, at Placentia , California.
(City where signed.)
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
NOTICE OF COMPLETION - WOLCOTTS FORM 1114 - REV. 6-74
8 pt. type or larger
ATTACHMENT 1
Contract Change Order No. 2
Project Title: FY 2020-21 Residential Slurry Seal Project 81202 Owner: City or Placentia Gook -actor. Dona Mann Slurry Sall You are hereby directed to make the herein described changes from the plans and specifications or to do the following described work•not included In the plans and specifications on this contract:
Description of work done, estimate of quant ties and prices to be pald. 1 This Change Order provides:
a) Extra work and credits identified in Exhibit A
04,876.30
2 This Change Order came about from:
a)
Adjustments to bid item quantities.
3 Action to be taken:
a) The Contractor was directed to provide a lump sum price for this change. 4 Compensation
a) Adjustment of Line Items exceeding 25%
b) Extra work
d) Credits
Total
$ 94,876 30
$ 94.876.30
5 Contract Time Extension
a) 0
In addition to work specified in the bid specifications, this change order includes all extra work, field adjustments and credits. This work is an Contractor initiated change and includes all labor, equipment, materials, and supervision and Adminstratlon.
CHANGE TO CONTRACT COST: CHANGE TO CONTRACT TIME:
Contract Amount: $ 568,281.29
Previous CCOs:
Adjustment of Line
Items Exceeding 25%
Total Extra Work
Total Field Adjustments
Total Credits
Changes in Line Items:
Current Contract price:
Prepared by:
Recommended:
Recommended:
Approved by:
$ 42,609.00
$
94,876.30
137,485.30
5,766.59
Kevin y • ra, P W orks I tor, City of PfaCentia
Mas• r Sepah
Luis Lsteve
Placentia
I I
dministrator, City Of Placent'
Damien R. Arrula, City Ad istrator, City Of Placentia
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal, is approved, that we will provide all equipmen r ish all materials, except as may otherwise be shown above
U-
Accepted;
Marvin !u Seal
If the Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified,
CCO No. 2 Exhibit 'A'
Project Title: FY 2021-21 Residential Slurry Seal Project Owner: City of Placentia
Contractor: Doug Martin Slurry Seal
No.
Description
#
Type
$$I Hr Rate
Total
EXTRA
1 This additional amount from C/O 1 to pave Madison@
Bradford. The initial SF was an emergency repair quote. The additional footage added as part of final repair.
365
SF
$ 6.80
$ 2,482.00
$ 2.482.00
2 During removal of the sidewalk this drive way approach at 1009 Goldenrod was inspected and decided that it nedded to be replaced due to excessive root intrusion. This repair was additional.
85.5 SF
$ 13.50
$ 1,154.25
$1,754.25
3 During the job walk this cross gutter at Pinehurst and Cherry Hills was inspected and decided that it needed to be
replaced. This repair was additional.
264
SF
$ 18.00
$ 4,752.00
$ 4.752.00
4 This amount is for additional areas of curb and gutter that were added and exceeded initial bid quantities
225
LF
$ 68.00
$ 15,300.00
$ 15,300.00
5 This amount is for additional areas of sidewalk that were added and exceeded initial bid quantities.
104
SF
S 9.45
$ 982.80
$ 982.80
6 I h>s quanrntily is for 2" grand and overlay repairs that were awe instead of 4" dego lift repair.
5655
SF
$ 8.75
$ 49.481.25
$ 49,481.25
7 This additional amount is to repair areas within the Slurry Seal Project area where microtrenching created a trip
hazard. The process is a micro mill the edges at the gutter to eliminate this hazard.
4400
SF
$ 2.83
$ 12.52.00
$ 12,452.00
8 This additional amount is to reapply a Type II TRMSS (Tire Rubber Modified Surface Sealer) to complete the restoration process. This is a very thin application to match exsisting condtions in these areas.
4400
SF
$ 1.B8
$ 8,272.00
$ 8,272.00
Sum of Line Item Adjustments
$ 94,876.30
RESOLUTION NO. R-2022-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2022-47, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
Measure U
FY 21-22
Carryforward
Public Works
791202-6740
$173,115.47
Expense
Measure U
FY 21-22
Carryforward
Public Works
791202-6740
$173,115.47
Revenue
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2022-47
ATTACHMENT 3
PASSED, ADOPTED AND APPROVED THIS 19th DAY OF JULY 2022.
Rhonda Shader, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 19th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-47
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JULY 19, 2022
ACCEPTANCE OF CONSTRUCTION WORK AND NOTICE OF COMPLETION
FOR THE ALTA VISTA AND ROSE DRIVE STREET RESURFACING PROJECT EXPENSE: $
$
$
AVAILABLE
BUDGET: $
275,250.00
15,447.30
290,697.30
503,457.33
CONSTRUCTION CONTRACT (791101-6740)
CHANGE ORDER (791101-6740)
TOTAL PROJECT COST
FY 2021-22 CIP BUDGET
On February 15, 2022, the City awarded a construction contract to Hillcrest Contracting, Inc. (Hillcrest) to resurface Alta Vista Avenue and Rose Drive. Shea Homes was required to provide pavement rehabilitation on portions of Alta Vista Avenue and Rose Drive. To take advantage of the low pricing that Shea Homes received from Hillcrest, Staff obtained a cost proposal from Hillcrest for remaining portions of Alta Vista Avenue and Rose Drive. This approach provided the City with an opportunity to advance street resurfacing work by using the same contractor at a favorable cost.
The total contract amount awarded to Hillcrest for $275,250 covered the cost of cold milling and paving, new signing, striping, markings, and pavement legends at a cost of $1.52 per square - foot. This amount was less than what the City has recently paid for similar work on other paving projects. The total construction cost for this work amounts to $290,697.30. This amount includes the bid received from Hillcrest and a change order in the amount of $15,447.30 for additional bike way and cross walks striping. Change Order No. 1 was under 10% and as such it was within the City Administrator's approval limit. All work by Hillcrest has successfully been completed and this action concludes the project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $290,697.30.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Accept the work by Hillcrest Contracting, Inc. for $290,697.30; and
1.e.
July 19, 2022
City Council Agenda
July 19, 2022
2. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
3. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
DISCUSSION:
As part of the Shea Homes development project at southeast comer of Alta Vista Avenue and Rose Drive, the developer was conditioned to repave portions of Alta Vista Avenue and Rose Drive as part of their offsite public improvement work. On February 15th, 2022, the City Council awarded a construction contract to Hillcrest for roadway rehabilitation on Alta Vista Avenue and Rose Drive from the Shea Homes' project limit to Del Cerro Street. This provided the City with an opportunity to advance much needed road resurfacing work by capturing economies of scale for resurfacing the remaining portions of Rose Drive and Alta Vista Avenue. Hillcrest provided the City with a cost proposal for rehabilitation at a cost of $1.52 per square foot, which is less than what the City recently paid for on similar work. The street paving rehabilitation work included 2" of cold milling and 2" of new rubberized asphalt concrete paving on both the northbound and southbound lanes on Rose Drive and east/westbound lanes of Alta Vista Avenue.
The total construction cost of this work amounts to $290,697.30. This amount includes the bid received by Hillcrest in the amount of $275,250 and a construction change order in the amount of $15,447.30. The change order was for providing additional bike lanes and cross walk striping, which was not part of the original bid received from Hillcrest. This change order was less than 10% of the total contract amount and it was approved by the City Administrator under his administrative approval limit. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $290,697.30.
FISCAL IMPACT:
The total construction cost for this work amounts to $290,697.30. This cost consists of the bid received from Hillcrest in the amount of $275,250 and a construction change order in the amount of $15,447.30, which was administratively approved by the City Administrator, as the City Council authorized him to approve change orders up to 10% of the construction contract.
Sufficient funds are budgeted and available in the Fiscal Year ("FY") 2021-22 Capital Improvement Program Budget to cover this expense. As such, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
•
Maso Jennifer Lampman
City ngineer Director of Finance
City Council Agenda
July 19, 2022
Reviewed . + apprved: Reviewed and
Luis Estevez
Deputy City Administrator
Attachment:
Notice of Completion
Damien R. Arrula
City Administrator
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r
Name
Street
Address
City &
State
L
City Clerk
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
J
City Council Approval:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Free Recording Per Government Code Section 27383 & 6103.
NOTICE OF COMPLETION
Interim Deputy City Clerk
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Placentia
3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870
4. The nature of the interest or estate of the owner is: In fee.
N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES
N/A
6. A work of improvement on the property hereinafter described was completed on May 31, 2022. The work done was:
Resurfacinc oortions of Alta Vista and Rose Drive - This work included oavement rehabilitation, strioinc, markincs, and pavement legends. The location and limits of the work included northbound and southbound lanes on Rose Drive from Alta Vista to Del Cerro Street in the City of Placentia.
The name of the contractor, if any, for such work of improvement was Hillcrest Contractinc Inc.
7. 02/15/2022
(If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Placentia County of Orance , State of California, and is described as follows: Alta Vista Avenue and Rose Drive Resurfacinc Project
9. The street address of said property is "none"
Dated: July 19, 2022
Verification for Individual Owner
(If no street address has been officially assigned. insert "none".)
CITY OF PLACENTIA
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Administrator, Damien R. Arrula the declarant of the foregoing ("President of", "Manager of", "Owner of", etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 19, 2022
(Date of Signature.)
, 2022, at Placentia , California.
(City where signed.)
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
NOTICE OF COMPLETION - WOLCOTTS FORM 1114 - REV. 6-74
8 pt. type or larger
ATTACHMENT 1
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JULY 19, 2022
APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF
CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT FOR THE FISCAL YEAR 2021-22 ROADWAY REHABILITATION PROJECT, CITY PROJECT NO. 1201
FISCAL
IMPACT: EXPENSE: $6,13T859
$5,449,254
$ 544,925
$ 143,680
AVAILABLE
BUDGET: $
$ 603,876
$ 272,900
$ 500,000
$ 950,000
$3,105,000.
$ 90,000.
$ 332,000.
$ 284,084.
SUMMARY:
.62 TOTAL CONSTRUCTION COST
.20 CONSTRUCTION CONTRACT AMOUNT
.42 CONSTRUCTION CONTINGENCY AMOUNT
.00 CONSTRUCTION MANAGEMENT/INSPECTION
COSTS
6,137,860.00 TOTAL PROJECT BUDGET
.00 FISCAL YEAR 2021-22 CIP BUDGET (181201-6740)
.00 FISCAL YEAR 2021-22 CIP BUDGET (601201-6740)
.00 FISCAL YEAR 2022-23 CIP BUDGET (181201-6740)
.00 FISCAL YEAR 2022-23 CIP BUDGET (601201-6740)
00 FISCAL YEAR 2022-23 CIP BUDGET (791201-6740)
00 SEWER ENTERPRISE FUND (481201-6740)
00 CITY OF ANAHEIM SHARE (331201-6740)
00 SB 1/RMRA FUND BALANCE (601201-6740)
The Scope of the Fiscal Year ("FY") 2021-22 Roadway Rehabilitation Project entails the rehabilitation of number of arterial, collector, and residential streets totaling 1.3 million square feet of roadways. In general, the work consists of pavement reconstruction; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends. The location and limits of the work include Orangethorpe Avenue (West of Jefferson Street to West of Lakeview Avenue) and Yorba Linda Boulevard (Bradford Avenue to Palm Drive) in addition to several collector and residential streets south of Orangethorpe Avenue (between Jefferson Street and Lakeview Avenue). (Attachment No. 3)
The City solicited competitive bids for the project. A total of three (3) bids were received for this project on July 7, 2022. The low bid received from All American Asphalt was found to be the lowest responsive and responsible bid received. Staff recommends that City Council award a construction contract to All American Asphalt ("All American") in the amount of $5,449,254.20.
1.f.
July 19, 2022
City Council Agenda
July 19, 2022
This bid also includes an active alternate bid item for protecting the fiber network that was recently installed by SiFi Network. The bid amount received for protecting the fiber lines will be billed to SiFi to cover this cost. In addition to the construction cost, a ten percent (10%) construction contingency amount of $544,925.42 is provided to cover any unforeseen conditions found during construction. The total construction contract cost including contingency amounts is $5,994,179.62.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the Engineered Plans and Specifications prepared by KOA Engineering for the FY 2021-22 I Roadway Rehabilitation Project No. 1201; and
2. Approve a Public Works Agreement with All American Asphalt for the FY 2021-22 Roadway Rehabilitation Project in the amount of $5,449,254.20; and
3. Reject all other bids received and authorize return of the bid bonds; and
4. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $544,925.42, for a total construction contract not -to - exceed amount of $5,994,179.62; and
5. Approve a Cooperative Agreement with the City of Anaheim for the construction cost for Anaheim's share of the project that is estimated to be $332,000, with the final cost to be based on the actual bid received and final construction contract costs; and
6. Approve Resolution No. R-2022-48, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
7. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
DISCUSSION:
The Scope of Work for the Fiscal Year 2021-22 Roadway Rehabilitation Project includes a number of arterial, collector, and residential streets and entails pavement reconstruction; replacement of damaged sidewalks, curb, and gutter; new signing, striping, markings, and pavement legends. A total of 1.3 million square feet of roadways will be rehabilitated as part of this project and once completed, the City's pavement condition index is expected to increase to 78.
On July 7, 2022, the City received three (3) bids from contractors to construct the project. The following table provides the total bid amounts received from each contractor:
City Council Agenda
July 19, 2022
Contractor
Bid Amount
All American Asphalt
$5,449,254.20
R J Noble Company
$5,572,000.00
Excel Paving
$6,984,246.00
After reviewing the bids, it was determined that All American Asphalt submitted the lowest responsible bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. Based on All American's reference check, submitted bid and City Staffs experience working with All American on similar projects in the past, Staff recommends awarding a construction contract to All American Asphalt for the FY 2021-22 I Roadway Rehabilitation Project.
FISCAL IMPACT:
The total construction cost for the Fiscal Year 2021-22 Roadway Rehabilitation Projects amounts to $6,137,859.62. This cost consists of the bid amount submitted by All American Asphalt in the amount of $5,449,254.20, a construction contingency in the amount of $544,925.42, and a Construction Management/Inspection contract with H R Green in the amount of $143,680.
Funding for this project is supported by numerous sources as outlined below:
Funding Source
Amount
FY21/22 Measure M Funds
$603,876
FY21/22 RMRA Funds
$272,900
FY22/23 Measure M Funds
$500,000
FY22/23 RMRA Funds
$950,000
FY22/23 Measure U Funds
$3,105,000
FY22/23 Sewer Enterprise Funds*
$90,000
City of Anaheim's Project Share
$332,000
RMRA Fund Balance*
$284,084
Total
$6,137,860
*Approval of Resolution R-2022-48 is recommended to allocate funds from the Sewer Enterprise Funds to this project to fund sewer manhole grade adjustments performed as part of this project as well as to appropriate additional funds from existing RMRA fund balance to support the cost of the project.
City Council Agenda
July 19, 2022
Prepared by:
Ma -sou • e•a i, P.E.
City E gineer
Review d an• aproved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Jennif6r Lampman
Director of Finance
Reviewed and app ved:
r ,
Damien R. Arrula
City Administrator
Attachment:
1. Agreement with All American Asphalt
2. Cooperative Agreement with City of Anaheim
3. Project Area Map
4. Budget Amendment Resolution -R-2022-48
Project No. 1201
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
FY 2021-22 ARTERIAL ROADWAY REHABILITATION PROJECT
CITY PROJECT NO. 1201
THIS AGREEMENT (herein "Agreement"), is made and entered into this 19th day of July, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and ALL AMERICAN ASPHALT (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of street improvements including construction of improvements that comply with all ADA accessibility requirements as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean ALL AMERICAN ASPHALT a California corporation located at 400 East Sixth Street, Corona, CA 92878.
(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.
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(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the 2 Rev. 08/2017
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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.
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, 3 Rev. 08/2017
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neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Five Million Four Hundred Forty Nine Thousand Two Hundred Fifty Four Dollars and Twenty Cents ($5,449,254.20) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the 4 Rev. 08/2017
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contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force 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 July 19, 2023, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
ALL AMERICAN ASPHALT
ATTN: EDWARD CARLSON, VICE PRESIDENT
400 East Sixth Street
Corona, CA 92878
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 5 Rev. 08/2017
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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 approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Rev. 08/2017
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5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
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The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during 9 Rev. 08/2017
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the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may 10 Rev. 08/2017
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retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to 11 Rev. 08/2017
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bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 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 B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
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8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Masoud Sepahi, City Engineer
To Contractor:
All American Asphalt
ATTN: Edward Carlson, Vice President
400 East Sixth Street
Corona, CA 92878
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.
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8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ such unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by the City.
(b) E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
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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, nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
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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 shalt be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
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8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
CONTRACTOR
Edward Carlson, Vice President
95-2595043
Social Security or Taxpayer ID Number
17 Date: 7 -)q -Z L
Rev. 08!2017
Project No. 1201
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Deputy City
Administrator
APPROVED AS TO CONTENT:
Masoud Sepahi, City Engineer
DEPARTMENTAL APPROVAL:
Luis Estevez, Deputy City
Administrator
18 Date:
Date:
Date:
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Project No. 1201
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Mark Luer, President
Edward J Carlson, Vice President
Michael Farkas, Secretary
Business Address:
All American Asphalt Corporation
400 East Sixth St
Corona, CA 92879
Telephone Number:
Date:
Print Name:
Signature:
951-736-7600
-7-I14-ZZ
Edward J Carlson, Vice President
Principal
Title
Project No. 1201
(Use of City form
is required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes /No Telephone ( ) 951-736-7600
CORPORATION: All American Asphalt
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: _ ; (Explain)
Signature/Title:
Edward J Ca son, Vice President
Date: 7 - I N - Z z-
Project No. 1201
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO. 1201
As a material inducement to the City to award the contract for Project No. 1201 to ALL AMERICAN ASPHALT, the undersigned ("Guarantor") has agreed to enter into this guarantee.
The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: FY 2021-22 Arterial Roadway Rehabilitation Project ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City. if the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date: 7 — I Lf t z.
Contractor: All American Asphalt
Title: Edward J Carlson, Vice President
By:
j.
Project No. 1201
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On July 14th atCorona California.
Firm All American Asphalt
Street400 East Sixth St
City Corona
State CA Zip 92879
(Signature)
Edward J Carlson, Vice President
(Print Name & Title)
Project No. 1201
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO. 1201
As a material inducement to the City to award the contract for Project No. 1201 to ALL AMERICAN ASPHALT, the undersigned ("Guarantor") has agreed to enter into this guarantee.
The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: FY 2021-22 Arterial Roadway Rehabilitation Project ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor
Contractor:
Title:
Date:
By:
Project No. 1201
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
J•
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 1201
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ALL AMERICAN ASPHALT, a California corporation (hereinafter "Principal"), an Agreement, dated July 19, 2022 ("Agreement") whereby Principal agreed to provide construction services including FY 2021-22 Arterial Roadway Rehabilitation Project, City Project No. 1201; WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction
Project No. 1201
Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By
(Seal)
PRINCIPAL
By X
x
ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures
required from all
CITY ATTORNEY
INSTRUCTIONS
Corporations.
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.
The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of Placentia must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
Project No. 1201
CITY OF PLACENTIA
PERFORMANCE BOND
Special requirements for construction/deconstruction waste CITY OF PLACENTIA MUNICIPAL CODE SECTION: 8.04.390
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ALL AMERICAN ASPHALT, a California corporation (hereinafter "Principal"), an Agreement, dated July 19, 2022 ("Agreement") whereby Principal agreed to comply with the City's Municipal Code Section 8.04.390 for including FY 2021-22 Arterial Roadway Rehabilitation Project, City Project No. 1201;
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal) (Seal)
Project No. 1201
SURETY
By
PRINCIPAL
By X
X
ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures required from all Corporations.
CITY ATTORNEY
INSTRUCTIONS
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of Placentia must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
Project No. 1201
EXHIBIT A
SCOPE OF SERVICES
The general items of work consist of: construction of ARHM pavement, cold mill and crack sealing, AC pavement, curb and gutters, sidewalks, v -gutters, driveways, signing, striping, markings, and pavement legends, adjust to grade existing utilities, survey markers and monument preservations and restoration & construction staking and such other items or details not mentioned above, that are required by the Plans and Standard Specifications. All construction work shall be in accordance to the project bid documents, project construction plans (dated June 10, 2022), sketches, technical specifications and all other references as depicted in strict adherence to the latest building codes, City's standards and all other State, Federal and utility agency specifications.
LOCATION OF WORK
The limits of the work will be as shown on the project plans and as described throughout the bid documents.
Project No. 1201
EXHIBIT B
SCHEDULE OF PERFORMANCE
All work must be complete within Ninety (90) work days from the issuance of the Notice to Proceed.
Project No. 1201
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required
Project No. 1201
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
Project No. 1201
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate
Project No. 1201
of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of
Project No. 1201
California.
F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
G. Documentation
• The Certificate of Insurance shall include the following reference: FY 2021-22 Arterial Roadway Rehabilitation Project
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 1201
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
/ ® CERTIFICATE OF LIABILITY INSURANCE
A�o
/DDIYYYY)
DATE 7(MM(MM/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 Edgewood Partners Insurance Center
P.O. Box 5003
San Ramon, CA 94583
www.epicbrokers.com CA LICENSE #0B29370
CONT
NAMEACT Certificates Department
(A/C PHONE
No, Ext): 559-451-3200 (A/C, No): 925-901-0671
E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Arch Specialty Insurance Company
21199
INSURED
All American Asphalt
P.O. Box 2229
Corona CA 92878
INSURER B: Zurich American Insurance Company
16535
INSURER c: Great American Insurance Company
16691
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 69234410
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
TYPE OF INSURANCE
INSD DDL
NSD
SWUBR
VD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
✓
COMMERCIAL GENERAL LIABILITY
DPC100585605
8/1/2021
8/1/2022
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE
✓
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 100,000
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
✓
LIMIT APPLIES
jE
PER:
LOC
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
✓
✓
LIABILITY
ANY AUTO
OWNED
✓
SCHEDULED
AUTOS
AUTOS ONLY E
BAP557108809
8/1/2021
8/1/2022
C 0 aBINEDtSINGLE LIMIT
$2 000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY r d DAMAGE
$
C
✓
UMBRELLA LIAB
EXCESS LIAB
/
OCCUR
CLAIMS -MADE
TUE347483601
8/1/2021
8/1/2022
EACH OCCURRENCE
$5,000,000
AGGREGATE
$ 5,000,000
DED
✓
RETENTION $10,000
Following -Form
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N
N/A
WC593205708
8/1/2021
8/1/2022
,/,
PER
STATUTE
0H
T
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project No. 1201 / RE: FY2021-22 Arterial Roadway Rehabilitation Project / Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman Ave
Placentia CA 92870
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
Maleah Cantrell
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 69234410 121 [01] Standard with $5mm XS I Siera Landreth 17/13/2022 12:38:47 PM (PDT) I Page 1 of 11
lEl POD
PO Box 5003
San Ramon, CA 94583
Phone: 925.244.7700
Fax: 925.901-0244
Email: [email protected]
CERTIFICATE HOLDER:
City of Placentia
401 E. Chapman Ave
Placentia CA 92870
To: Whom it may concern
Regarding: Notice of Cancellation
Date Issued: 7/13/2022
Named Insured(s): All American Asphalt
Policy Number(s): DPC100585605
BAP557108809
WC593205708
TUE347483601
Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the above referenced Certificate Holder; except, 10 days notice for non-payment of premium.
Sincerely,
Maleah Cantrell
epicbrokers.com edgewood partners insurance center
69234410 121 [01] Standard with $5mm XS I Siera Landreth 17/13/2022 12:38:47 PM (PDT) I Page 2 of 11 ca license 0B29370
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
Any person or organization where the Named
Insured has agreed to add as an additional insured
by written contract or agreement, provided the
contract or agreement is executed prior to any
"occurrence" or offense
Any location where required by written contract or
agreement, provided the contract or agreement is
executed prior to any "occurrence" or offense.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Schedule, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
1. Your acts or omissions; or
2. The acts or omissions of those
acting on your behalf;
in the performance of your ongoing
operations for the additional insured(s) at
the location(s) designated above.
However:
1. The insurance afforded to such
additional insured only applies to
the extent permitted by law; and
2. If coverage provided to the
additional insured is required by a
contract or agreement, the
insurance afforded to such
additional insured will not be
broader than that which you are
required by the contract or
agreement to provide for such
additional insured.
B. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to "bodily
injury" or "property damage" occurring
after:
1. All work, including materials, parts
or equipment furnished in
connection with such work, on the
project (other than service,
maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location
of the covered operations has been
completed; or
2. That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or
subcontractor engaged in
CG 20 10 04 13
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performing operations for a
principal as a part of the same
project.
C. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III — Limits Of
Insurance:
If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf
of the additional insured is the amount of
insurance:
All other terms and conditions of this policy remain unchanged.
1. Required by the contract or
agreement; or
2. Available under the applicable
Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in
the Declarations.
Endorsement Number:
This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Number: DPC100585605
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
REFERENCE:
Project No. 1201 / RE: FY2021-22 Arterial Roadway Rehabilitation Project /
SCHEDULE:
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers
CG 20 10 04 13
© Insurance Services Office, Inc., 2012
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COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Any person or organization where the Named Insured
has agreed to add as an additional insured by written
contract or agreement, provided the contract or
agreement is executed prior to any "occurrence" or
offense
All locations where required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Schedule, but only with
respect to liability for "bodily injury" or
"property damage" caused, in whole or in
part, by "your work" at the location
designated and described in the Schedule
of this endorsement performed for that
additional insured and included in the
"products -completed operations hazard".
However:
1. The insurance afforded to such
additional insured only applies to
the extent permitted by law; and
2. If coverage provided to the
additional insured is required by a
contract or agreement, the
insurance afforded to such
additional insured will not be
broader than that which you are
required by the contract or
agreement to provide for such
additional insured.
B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III — Limits Of
Insurance:
If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf
of the additional insured is the amount of
insurance:
1. Required by the contract or
agreement; or
2. Available under the applicable
Limits of Insurance shown in the
Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in
the Declarations.
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All other terms and conditions of this Policy remain unchanged.
Endorsement Number:
This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Number: DPC100585605
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
REFERENCE:
SCHEDULE:
Project No. 1201 / RE: FY2021-22 Arterial Roadway Rehabilitation The City of Placentia, its officers, employees, representatives, Project / attorneys, and volunteers
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COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
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
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:
All other terms and conditions of this policy remain unchanged.
REFERENCE:
(1) The additional insured is a Named
Insured under such other insurance;
and
(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.
SCHEDULE:
Project No. 1201 / RE: FY2021-22 Arterial Roadway Rehabilitation The City of Placentia, its officers, employees, representatives, Project / attorneys, and volunteers
Endorsement Number:
This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585605
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
CG 20 01 04 13
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COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization where the waiver of our right to recover is permitted by law and is required by written contract or agreement, provided the contract or agreement is executed prior to any occurrence or offense
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV — Conditions:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make
All other terms and conditions of this policy remain unchanged.
Endorsement Number:
This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Number: DPC100585605
Named Insured:All American Asphalt
Endorsement Effective Date: 08/01/2021
REFERENCE:
Project No. 1201 / RE: FY2021-22 Arterial Roadway Rehabilitation Project /
for injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products -completed operations
hazard". This waiver applies only to the person
or organization shown in the Schedule above.
SCHEDULE:
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers
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7/13/2022
POLICY NUMBER: BAP557108809 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO
PROVIDE ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY
BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.
Information recuired to comolete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but SCHEDULE:
only to the extent that person or organization qualifies The City of Placentia, its officers, employees, representatives, as an "insured' under the VVho Is An Insured provision attorneys, and volunteers contained in Paragraph A.1. of Section II — Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I — Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA 20 48 10 13
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7/13/2022
POLICY NUMBER: BAP557108809 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE
ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER
THIS POLICY
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA04441013
SCHEDULE:
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers
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WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 0 . 00 % of the California workers' compensation pre- mium otherwise due on such remuneration.
Person or Organization
ALL PERSONS AND/OR
ORGANIZATIONS THAT
ARE REQUIRED BY
WRITTEN CONTRACT OR
AGREEMENT WITH THE
INSURED, EXECUTED
PRIOR TO THE
ACCIDENT OR LOSS,
THAT WAIVER OF
SUBROGATION BE
PROVIDED UNDER THIS
POLICY FOR WORK
PERFORMED BY YOU FOR
THAT PERSON AND/OR
ORGANIZATION
SCHEDULE:
The City of Placentia, its officers, employees,
representatives, attorneys, and volunteers
Policy Number: WC593205708
Named Insured: All American Asphalt
Endorsement Effective Date: 08/01/2021
Schedule
Job Description
ALL CA OPERATIONS
REFERENCE:
Project No. 1201 / RE: FY2021-22 Arterial Roadway
Rehabilitation Project /
WC 252 (4-84)
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Project No. 1201
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.
The People are the City
Mayor
RHONDA SHADER
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
CRAIG S. GREEN
WARD L. SMITH
JEREMY B. YAMAGUCHI
401 East Chapman Avenue - Placentia, California 92870
July 13, 2022
Carlos Castellanos
City Engineer
200 S. Anaheim Blvd, MS 276
Anaheim, CA 92805
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
RE: Cooperative Agreement — City of Anaheim 2021-2022 Annual Pavement Rehabilitation Project Cost Sharing with the City of Placentia Dear Carlos:
This letter serves as a cooperative agreement between the City of Placentia and the City of Anaheim in regards to the pavement rehabilitation at various locations where the two Cities share Right-of-way along portions of certain streets.
The City of Placentia is the lead agency for the construction of this project to rehabilitate the pavement at various locations. Two Cities share street pavement at 3 locations, namely: Jefferson Street, Van Buren Street and Richfield Rd. Improvements at these locations include: Type II Slurry Seal, Cold Milling of existing Asphalt Concrete pavement, 2" Asphalt -Rubber Hot Mix overlay, Sidewalk Replacement, Curb & Gutter Replacement, Adjusting Utilities and Manholes to Grade, Signing and Striping.
The total construction cost for Anaheim's share of the project is estimated to be $332,000.
This estimate is based on the engineers estimate of the probable construction cost, provided to us by the project design team. The final cost shall be based on the actual bid received by the City of Placentia and the final construction contract costs.
Upon completion of the project to both of the Cities' satisfactions, the City of Placentia will provide the City of Anaheim with an invoice for the shared cost of the improvements. The City of Anaheim shall provide payment of the shared cost within forty-five (45) days after receipt of the invoice.
Thank you for your cooperation in completing this project, which will benift both Cities and the public.
City of Anaheim
Carlos Castellanos Date
City Engineer
Reviewed and approved:
City of Placentia
Luis Estevez Date
Damien R. Arrula Date
Deputy City Administrator City Administrator
Cc: File
M. Sepahi
FY 2021-22 Roadway Rehabilitation Project
I
PLACENTIA
sErfiz
Project Schedule (Fiscal Years)
- 2021-22 (-4,790,819 SgFt.)
RESOLUTION NO. R-2022-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2022-48, is hereby amended to adjust the following accounts as specified below:
Fund
Description
Department
GL Account
Amount
Type
Reimbursement
from City of
Anaheim
FY 2021-22
Roadway Rehab
Project
Public Works
331201-6740
$332,000
Expense
Reimbursement
from City of
Anaheim
FY 2021-22
Roadway Rehab
Project
Public Works
331201-4299
$332,000
Revenue
Measure M
FY21-22
Carryforward
Public Works
181201-6740
$603,876
Expense
Measure M
FY21-22
Carryforward
Public Works
0018-3001
$603,876
Revenue
State Gas Tax -
RMRA
FY21-22
Carryforward
Public Works
601201-6740
$272,900
Expense
Resolution R-2022-48
ATTACHMENT 4
State Gas Tax -
RMRA
FY21-22
Carryforward
Public Works
0060-3001
$272,900
Revenue
Sewer Enterprise
Fund
Fund Balance
N/A
0037-3001
$90,000
Revenue
Sewer Enterprise
Fund
Construction
Services
CIP
481201-6740
$90,000
Expense
State Gas Tax -
RMRA
Fund Balance
N/A
0060-3001
$284,084
Revenue
State Gas Tax -
RMRA
Construction
Services
Public Works
601201-6740
$284,084
Expense
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 19th DAY OF JULY 2022.
Rhonda Shader, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 19th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-48
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JULY 19, 2022
APPROVAL OF PLANS & SPECIFICATIONS AND AWARD OF CONSTRUCTION
CONTRACT TO MARTINEZ CONCRETE INC FOR THE ADA ACCESS RAMP INSTALLATION PROJECT, CITY PROJECT NO. 1305
FISCAL
IMPACT: EXPENSE: $192,555 TOTAL CONSTRUCTION CONTRACT AMOUNT $175,050 CONSTRUCTION CONTRACT AMOUNT
$ 17,505 CONSTRUCTION CONTINGENCY AMOUNT
AVAILABLE
BUDGET: $100,000 FISCAL YEAR 2022-23 CIP BUDGET (791305-6740) $92,600MEASURE U FUND BALANCE (791305-6740)
SUMMARY:
The scope of this project entails the Installation of 20 New ADA (Americans with Disabilities Act) compliant curb ramps in various locations in the City. This project also includes all ancillary work including installation of truncated domes and sidewalk, curb, gutter and/or cross gutter repairs.
The City solicited competitive bids for this project and a total of four (4) bids for this project were received on July 7, 2022. The lowest bid received from Martinez Concrete, Inc., was found to be the lowest responsive and responsible bid received. Staff recommends that the City Council award a construction contract to Martinez Concrete, Inc., in the amount of $175,050. In addition to the construction cost, a ten percent (10%) construction contingency amount of $17,505 is provided to cover any unforeseen conditions found during construction. The total construction contract cost including contingency amount is $192,555.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Plans & Specifications prepared by the City Engineer and approve a Public Works Agreement with Martinez Concrete, Inc., for the ADA Access Ramp Installation Project in the amount of $175,050; and
2. Reject all other bids received and authorize return of the bid bonds; and
1.g.
July 19, 2022
City Council Agenda
July 19, 2022
3. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $17,505, for a total construction contract not -to -exceed amount of $192,555; and
4. Approve Resolution No. R-2022-55, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
DISCUSSION:
The scope of this project entails furnishing all labor, materials, tools, and equipment for the installation of 20 new ADA-compliant curb ramps at various locations around the City. This work includes the installation of truncated domes, sidewalk, curb, gutter and cross gutter repairs, relocation of existing signs and posts, and removing and replacing existing striping to match new ramps. All work shall meet the accessibility standards and specifications of the Americans with Disabilities Act and California Building Code Standards as outlined in the Specifications for this project. Each ramp constructed as part of this project will be inspected and certified by a Certified Access Specialist (CASp) to ensure that the final products are fully complaint with the latest ADA requirements.
On July 7, 2022, the City received four (4) bids from contractors to construct the project. The following table provides the total bid amounts received from each contractor:
Contractor
Bid Amount
Martinez Concrete, Inc
$175,050.00
C T & T Concrete Paving Inc
$238,150.00
Gentry General Engineering Inc
$333,468.50
Onyx Paving Company, Inc
$373,000.00
After reviewing the bid proposals received, it was determined that Martinez Concrete, Inc. submitted the lowest responsible bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. Based on Martinez Concrete, Inc's reference check and submitted bid, Staff recommends awarding a construction contract to Martinez Concrete, Inc. for the ADA Access Ramp Installation Project.
FISCAL IMPACT:
The total construction cost for the ADA Access Ramp Installation Project amounts to $192,555.
This cost consists of the bid amount submitted by Martinez Concrete, Inc. in the amount of $175,050, and a construction contingency in the amount of $17,505.
City Council Agenda
July 19, 2022
Funding for this project is supported by numerous sources as outlined below:
Funding Source
Amount
FY22/23 Measure U Funds
$100,000
Measure U Fund Balance*
$92,600
Total
$192,600
Approval of Resolution R-2022-55 is recommended to appropriate additional funds from existing Measure U fund balance to support the cost of the project.
Prepared by:
Maso
City . gineer
Review- • an+ ap•,•ved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
�r f
Jen fifer Lampman
Director of Finance
Damien R. Arrula
City Administrator
Attachment:
1. Agreement with Martinez Concrete, Inc.
2. Budget Amendment Resolution -R-2022-55
Project No. 1305
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
ADA ACCESS RAMP INSTALLATION PROJECT
CITY PROJECT NO. 1305
THIS AGREEMENT (herein "Agreement"), is made and entered into this 19t" day of July, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and MARTINEZ CONCRETE INC (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of concrete ramp and surrounding area improvements that comply with all latest ADA accessibility requirements as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean MARTINEZ CONCRETE INC a California corporation located at 920 W. Foothill Boulevard, Azusa, CA 91702.
(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.
1 Rev. 08/2017
Project No. 1305
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f)
Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the 2 Rev. 08/2017
Project No. 1305
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.
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, 3 Rev. 08/2017
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neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of One Hundred Seventy -Five Thousand Fifty Dollars ($175,050.00) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the 4 Rev. 08/2017
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contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Ma'eure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than July 19, 2023, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Martinez Concrete Inc
ATTN: Roberto Martinez, President
920 W. Foothill Blvd
Azusa, CA 91702
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. 5 Rev. 08/2017
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For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Rev. 08/2017
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5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class I II disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
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The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during 9 Rev. 08/2017
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the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may 10 Rev. 08/2017
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retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to 11 Rev. 08/2017
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bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 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 B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
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8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
To Contractor:
City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Masoud Sepahi, City Engineer
Martinez Concrete Inc
ATTN: Roberto Martinez, President
920 W. Foothill Blvd
Azusa, CA 91702
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.
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8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ such unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by the City.
(b) E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
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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 Res3onsibilities. 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, nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
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4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headincs. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
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8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
CONTRACTOR
Date:
Signature
Roberto Martinez, President
Social Security or Taxpayer ID Number
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Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Deputy City
Administrator
APPROVED AS TO CONTENT:
Date:
Masoud Sepahi, City Engineer
DEPARTMENTAL APPROVAL:
Date:
Luis Estevez, Deputy City
Administrator
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