WORKER3 COMPEKSATION MID EMPLOYERS LIABILITY IN3URWACE POLICY WC 00 03 13
(Ed. 04-94)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHER ENDORSEMENT
We have the eight to recover our payments from arryone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (Thie agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not opener directly or indirectly to benefit anyone not named 3n the Schedule.
Schedule
Any person or organization to whom you become obligated to waive your rights of recover/ against, under any contract or agreement you enter into prior to the occurrence of loss.
This endorsement *lenges the policy to % it is at*ochob end a effective on the dale issued unless otherwise ebtcd.
Mee ineermel!on toilota is required ani► when mire tdc wn Is teemed eit,ogrerd to pr tion at the policy-) Endorsemeri Effective: Policy No.:
insured. Premium:
Insurance Company:
WCUOt313
(Ed. 04.84)
Endoneemant
.:
Countersigned Cry:
Pegs 1 of 1
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DECEMBER 6, 2022
SUBJECT: REJECT ALL BIDS RECEIVED FOR PHASE I CONSTRUCTION OF THE PLACENTIA PUBLIC SAFETY CENTER PROJECT, PROJECT NO. 5213, AND
AUTHORIZE RE -BIDDING OF PROJECT
FISCAL
IMPACT: NONE
SUMMARY:
The City solicited competitive proposals from pre -qualified contractors to construct Phase I of the Public Safety Center project. A total of five (5) bids were received and the apparent low bidder, TTS Engineering, Inc., has submitted a formal request to withdraw their bid due to mathematical errors in their bid. Given the significant difference in the dollar amount submitted by the second low bidder, Staff recommends that the City Council reject all bids received and authorize soliciting new bids from the pre -qualified contractors.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Reject all bids received for Phase I construction of the Placentia Public Safety Center and authorize return of the bid bonds; and
2. Authorize staff to solicit new bids for Phase I construction of the Placentia Public Safety Center.
STRATEGIC PLAN STATEMENT:
This item conforms to Strategic Plan Goal 5, Implement Public Infrastructure to Meet Community Needs, and Objective 5.4, Construct the Placentia Public Safety Center.
DISCUSSION:
On March 1, 2022, the City Council selected a preferred project alternative for the Placentia Public Safety Center and directed Staff to finalize the construction drawings and bid documents to construct this facility. The new 18,000+ square foot facility will primarily house the Police Department's evidence and property storage operations and shooting range as well as a new
1.19 Dec 6, 2022
City Council Agenda
December 6, 2022
public safety communications center and emergency operations and training center. The City currently leases a light industrial/commercial building for property and evidence storage.
The new facility will consist of a manufactured steel Butler Building that will be used for property and evidence storage and the main building that includes the shooting range which will be constructed with CMU block. Since the City's lease for its existing property and evidence building is set to expire in December 2023, the project will need to be phased to allow the construction of the Butler Building to proceed first so that it can be completed prior to the expiration of the City's current lease. Phase 1 construction of the project entails demolition, grading, subsurface utility work, and the footings and slab for the Butler Building. Phase 11 construction will entail the construction of the main building under a separate construction contract. This project delivery methodology will allow the City to construct the building foundation and footings and allow the Butler Building to be erected as a stand-alone effort. This will expedite the completion and occupancy of the newly constructed evidence and property storage building before the City's current lease expires. Construction of the main building will occur concurrently and continue into early 2024. Staff anticipates beginning operations in that portion of the facility late in Spring 2024.
Given the complexity of constructing an essential public safety facility, the project team issued a public prequalification questionnaire to the contracting community ahead of soliciting formal bids for construction to ensure that only qualified contractors with experience in building similar facilities would submit a bid for this project. A total of eight (8) contractors were prequalified for Phase 1 construction and were asked to submit competitive bids. A separate contractor prequalification process for Phase II construction has also been undertaken.
On November 28, 2022, the City received five (5) bids from the prequalified contractors to construct Phase I. The following table provides the total bid amounts received from each contractor:
Contractor Bid Amount
TTS Engineering, Inc. $580,000
Facility Builders & Erectors $1,513,748
Caliagua, Inc. $1,574,823
Legion Contractors, Inc. $1,686,000
Sully -Miller Contracting Company $2,061,000
After reviewing the bid proposals received, Staff reached out to TTS Engineering, Inc., (TTS) to discuss their bid amount to determine if they had overlooked any aspect of the project while preparing their bid. TTS confirmed that they had miscalculated the costs related to demolition work and the limits of underground utility work. Accordingly, TTS submitted a formal letter (attached) requesting to withdraw their bid. The design team's estimate for this work amounts to approximately $900,000. Given the significant difference in the dollar amount submitted by the second low bidder, Staff recommends that the City Council reject all bids and authorize solicitation
City Council Agenda
December 6, 2022
of new bids for Phase I of this project. The City Council may at its discretion and pursuant to the City's Purchasing Policy and California Public Contract Code, waive any minor bid irregularities or reject any or all bids received for public works projects for any reason. The wide disparity between the bids submitted exceeds what could be deemed a minor bid irregularity, and as such, it would be in the City's best interests to solicit new bids for this phase of the project.
FISCAL IMPACT:
There is no direct fiscal impact associated with rejecting all bids received and solicitation of new bids.
Prepared by: Reviewe
MasoSepa " i, P.E.
City Rndgineer
wed and approved:
Damien R. Arrula
City Administrator
Attachment:
Letter from TTS Engineering, Inc.
dpproved:
1 Ittlf0114
1. Luis Estevez
Deputy City Administrator
01,774;-44
ENGINEERING INC.
General Engineering Contractor
&,e.,
LiCENSE 4756079
November 28, 2022
Masoud Sepahi
City Engineer, City of Placentia
401 East Chapman Avenue
Placentia, CA 92780
Re: Bid Withdraw Request — Placentia Public Safety Center Phase 1 — Project 5213
Dear City of Placentia:
TTS Engineering is requesting to withdraw the bid for the Placentia Public Safety Center Phase 1 — Project 5213, in accordance with California Public Contract Code section 5103. Due to mathematical errors related to demolition and underground limits, our unit counts were wrong, causing a error in the lump sum cost.
If you have any question regarding this letter, please call me at 562.472.5560 or email me at kwagner(&,,ttsengineering.com. Thank you for your consideration.
Sincerely,
2/(,9r
Kyle Wagner
Project Manager
10731 Chestnut Avenue, Stanton, CA 90680
Office # 714-840-6346 Fax # 714-846-7189
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE DECEMBER 6, 2022
SUBJECT: CONSTRUCTION CONTRACT FOR THE OLD TOWN PLACENTIA FACADE
IMPROVEMENT PROJECT
FISCAL
IMPACT: EXPENSE: $ 226,421.80 PROJECT CONSTRUCTION COST BUDGETED: $ 50,000.00 COMMUNITY DEVELOPMENT BLOCK
GRANT FUND (302535-6401 JL# 232501)
SUMMARY:
On December 5, 2017, the City Council approved the Old Town Placentia Facade Improvement Program (Program) as an effort to remove blight and provide for the expansion of the City's tax base using Community Development Block Grant (CDBG) funds for eligible facade improvements to local businesses within the Old Town Placentia District (OTPD), which is within the eligible census tracts for CDBG funds. The Program provides financial assistance in the form of a grant to commercial property and/or business owners to make facade improvements to the exterior of their commercial buildings. The City Council Housing, Community and Economic Development Ad -Hoc Committee (Committee) previously worked with Staff to develop a facade improvement program with the overall goal of promoting the historic OTPD as a positive venue for quality business, incentivize property and business improvements and attraction to enhance local economic growth. In addition, the Committee emphasized consolidating funds to facilitate worthwhile improvements on commercial corners, which have a key visual impact to attracting visitors to the OTPD.
The Program to date has funded a total of four (4) facade improvement projects within the OTPD, three of which include new murals painted on buildings that serve as bookends to the Old Town Historic Core. The City received an application for a fifth project to renovate the facade of the commercial building located at 101 W. Santa Fe Avenue. The City solicited competitive bids for this proposed project on November 6, 2022. A total of two (2) bids were received with the low bid submitted by Loengreen, Inc. (Loengreen) in the amount of $205,838. The total construction cost of this project amounts to $226,421.80. This amount includes the low bid submitted by Loengreen and a construction contingency amount of 10%. Staff recommends awarding a construction contract to Loengreen for the fifth awarded project under the Program.
1.m.
Dec 6, 2022
City Council Agenda
December 6, 2022
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the engineered plans and specifications prepared by BOA Architecture, Inc., for the Old Town Placentia Facade Improvement Project at 101 W. Santa Fe Avenue; and
2. Approve a Public Works Agreement with Loengreen, Inc. for an amount not to exceed $205,838; and
3. Reject all other bids received and authorize the return of the bid bonds; and
4. Authorize the City Administrator to approve contract change orders up to fifteen percent (10%) of the contract not to exceed amount, or $20,583.80; and
5. Adopt Resolution No. R-2022-83, 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
6. Authorize the City Administrator and/or his designee to execute all necessary documents including the Old Town Placentia Facade Program documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal #6 to Improve City Beautification under Objective #6.3, which is to allocate more funding for facade improvement projects within eligible census tracts.
DISCUSSION:
The City Council Housing, Community and Economic Development Ad -Hoc Committee (the "Committee") worked with Staff on developing a new facade improvement program funded with Federal Community Development Block Grant Funds in the Old Town Placentia District (OTPD).
The overall goal of this program is to promote the OTPD as a positive venue for quality business, incentivize property and business improvements and attraction to enhance local economic growth.
On December 5, 2017, the City Council formally approved the Old Town Placentia Facade Improvement Program (the "Program"). The Program provides financial assistance in the form of a grant to commercial property and/or business owners to make facade improvements to the exterior of their commercial buildings located within the OTPD. The Program to date has funded a total of four (4) facade improvement projects within the OTPD, three of which included new murals on buildings which serve as the bookends to the core Historic portion of Old Town. The program has initially focused on corner properties as they are located at busy intersections that will generate the most views by the public and which serve as gateways to the Old Town area.
City Council Agenda
December 6, 2022
The fifth proposed project under the Program will renovate the existing building facade of the commercial property located at 101 W Santa Fe Avenue. The proposed improvements include:
• Replacement of existing storefront doors and windows, frame, and hardware. • Replacement of existing lighting with new LED light fixtures at exterior. • New architectural and decorative foam and cast concrete. • New painting of exterior walls and decorative facade elements On November 18, 2022, the City received two (2) bids from contractors to construct this project.
The following table provides the bid amounts received from each contractor:
Contractor
Loengreen, Inc.
R. Dependable Construction
Bid Amount
$245,732
$250,000
This bid includes two (2) add-on alternate bids for the installation of roll -up glass doors and replacement of the entry door at the commercial property. These alternate bid items totaled $39,894. The add-on bid expenditure will be incurred directly by the property owner, if so desired, and is not part of the Staff recommended construction contract.
After reviewing the bid proposals received, it was determined that Loengreen submitted the lowest responsive bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. The total construction cost of this project amounts to $226,421.80. This amount includes the low bid submitted by Loengreen and a construction contingency amount of 10+%. Staff recommends awarding a construction contract to Loengreen for the facade improvement project at 101 W. Santa Fe Avenue. This facade improvement project will assist in achieving the goals of the Program and generate new retail interest and encourage additional interest from other property owners in the area to participate in the Program.
FISCAL IMPACT:
The County of Orange (County) approved the City's application for CDBG funding for Fiscal Year (FY) 2022-23 as well as the reprogramming of unutilized CDBG funds for the facade improvement program. The COVID-19 pandemic crisis and related restrictions on businesses hindered Staffs ability to carry out CDBG funded activities such as the facade improvement program during the past two years. As a result, the City received an extension from the County to utilize the CDBG funding allocated for the Program in FY 2021-22. There is a total of $50,000 available in CDBG funding that the City needs to be expended by December 31, 2022 and $141,700 by June 30, 2023.
The total construction cost for this facade improvement project amounts to $226,421.80. The project cost consists of the base bid amount submitted by Loengreen in the amount of $205,838 and a construction contingency in the amount of $20,583.80The FY 2022-23 Operating Budget includes CDBG funds for the Program. Additional CDBG funds awarded to the City are available to fund these facade improvements via Resolution No. R-2022-83 (Attachment 2) for the City
City Council Agenda
December 6, 2022
Council's consideration amending the FY 2022-23 Operating Budget to allocate $191,700 in CDBG funds to this project. As such, there is sufficient funds for the recommended actions.
Prepared by:
Elsa Robinson
Senior Management Analyst
Review
Luis Estevez
Deputy City Administrator
Reviewed and approved:
4f- _
Jennifer LamP man
Director of Finance
__ Reviewed and approved:
City Administrator
Attachments:
1. Public Works Agreement with Loengreen, Inc.
2. Resolution No. 2022-83 - Budget Amendment Resolution
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
OLD TOWN FACADE IMPROVEMENTS — PHASE 1
THIS AGREEMENT (herein "Agreement"), is made and entered into this 6th day of December, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and LOENGREEN, INC, a California corporation, (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of facade improvements for the Old Town Placentia Facade Improvement Program is 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 Loengreen, Inc, a California corporation located at 4725 Commonwealth Ave, La Canada, California 91011.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Rev. 08/2017
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall 2 Rev. 08/2017
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, 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 3 Rev. 08/2017
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. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5. Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Two Hundred Five Thousand, Eight Hundred Thirty -Eight Dollars ($205, 838) (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 contract during the month covered by said statement. The remaining five percent (5%) thereof 4 Rev. 08/2017
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 December 6, 2024, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Reoresentative 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:
Mr. Jeong Won Hong, President and Owner of Loengreen
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5 Rev. 08/2017
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 Aaainst Asslanment. 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 Performina 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 ReiocatIon. 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
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. 7 Rev. 08/2017
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
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 8 Rev. 08/2017
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', 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.
9 Rev. 08/2017
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 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 10 Rev. 08/2017
to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
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 Reoresentatives. 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.
11 Rev. 08/2017
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-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 12 Rev. 08/2017
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.
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.: Elsa Robinson, Senior Management Analyst
To Contractor:
Loengreen, Inc.
4725 Commonwealth Ave
La Canda, California 91011
Attn: Mr. Jeong Won Hong /President and Owner of Loengreen
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 13 Rev. 08/2017
decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement 14 Rev. 08/2017
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.
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. 15 Rev. 08/2017
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
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 16 Rev. 08/2017
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 Avreement. 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.
CITY OF PLACENTIA,
A municipal corporation and Charter City
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONTRACTOR
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
17 Date:
Date:
Date:
Rev. 08/2017
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Deputy City
Administrator
APPROVED AS TO CONTENT:
Elsa Robinson, Senior Management Analyst
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
18 Date:
Date:
Date:
Rev. 08/2017
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
By
Title
Principal
By
Title
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Signature:
Principal
Title
(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 (
CORPORATION:
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title: Date:
)
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. to , 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: ("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:
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. j. 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.
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
Citi State Zip
(Signature)
(Print Name & Title)
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ., a California corporation (hereinafter "Principal"), an Agreement, dated , 20 ("Agreement") whereby Principal agreed to provide construction services includrna
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above - bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws (Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its goveming body. (Seal) (Seal)
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 Placnti.
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
SCHEDULE OF PERFORMANCE
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 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.
• 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 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 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:
• 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.
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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.
LOENGREEN
LOENGREEN INC.
4728 Commonwealth Ave, La Canada, CA
91011
T.833.655.2278
F.833.332.3121
team.Ioengreen©loengreenbuilder.com
SUBMITTAL TRANSMITTAL
SUBMITTAL NUMBER LC095-01
SUBMITTAL DATE and HOUR 11/23/22
PROJECT NAME Old Town Placentia Facade Improvements Project: Phase 1 PROJECT NUMBER PW -22-02
SUBMITTAL TO Name
OWNER City of Placentia, Elsa Robinson
ENGIENEER
CONTRACTOR LOENGREEN INC.
X
Attached Under Separate Cover via
X For Your Information
X For Your Review and Comments
Item # Pages Spec/Section # Description
1 11 Certificate of Liability Insurance
2 1 W-9
Sent via email
11/23/22
Attached
Received
Request Request
Review Comment
NET=No Exceptions Taken; MCN=Make Corrections Noted; A&R=Amend & Resubmit; R=Rejected; RA=Receipt Acknowledged CONTRACTOR:
Certify either A or B
A. We have verified that the material or equipment contained in this submittal meets all the requirements, including coordination with all related work, as specified (no exceptions) B. We have verified that the material or equipment contained in this submittal meets all the requirements specified except the attached deviations.
NO DEVIATION
Certified by:
JEONG WON HONG 11/23/22
Contractor's Signature pate
AC Ra D�
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/22/2022
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 15 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
CAL-KOR Insurance Services
3200 Wilshire Blvd
Ste 1700 - South Tower
Los Angeles
INSURED
Loengreen Inc.
4728 Commonwealth Ave
La Canada
CA 90010
CONTACr
NAME; mktdir
PHONENo. ExlL• (213) 387-5000
TOL
-MAIL
ADDRESS:
INSURER A :
INSURER B
INSURER C :
INSURER D :
INSURER E
CA 91011 I INSURER F :
COVERAGES CERTIFICATE NUMBER:
CL2261650940
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN INSR 'An[n.'aOtsR
LTR TYPE OF INSURANCE INSD WVD
X COMMERCIAL GENERAL LIABILITY
INSURER{S) AFFORDING COVERAGE
United National Insurance Company
Scottsdale Insurance Company
SCIF
17'1, Not: (213) 388-8595
REVISION NUMBER:
SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
REDUCED BY PAID CLAIMS.
• POLICY EFF ' POLICY EXP
IMMIDDIYYYY) tMMIDDIYYYYI
A
B
C
A
CLAIMS -MADE X OCCUR
GFN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECT LOC
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X UMBRELLA LIAB
EXCESS LIAR X OCCUR
CLAIMS -MADE
DED XJ RETENTIONS 25,000
WORKERS OMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Pollution Liability
YIN
POLICY NUMBER
Y CSC0000061
Y XBS0152615
N/A 92441452022
Y CSC0000061
01/14/2022 01/14/2023
01/14/2022 01/14/2023
01/12/2022 01/12/2023
E.L. DISEASE - POLICY LIMIT
Each Occurrence
01/14/2022 01/14/2023 Aggregate
LIMITS
EA 9E roV IIRNN((u
E
UPRREMMIISES (Ea occurrence) $
MED EXP.(Any one Dersnn) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OPAGG $
$
$
COMBINED SIN8LE UMIT
fEa nsddnntl
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
1 AGGREGATE
XI STATUTE I I _ER
1 E.L. EACH ACCIDENT
1 E.L. DISEASE - EA EMPLOYEE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) * 10 -day notice for non-payment of premium The certificate holder is named as additional insured.
Project Info
NIB No. PW -22-02 for the Old Town Placentia Facade Improvements project
CERTIFICATE HOLDER
CITY OF PLACENTIA
401 E. CHAPMAN AVE
PLACENTIA
CA 92870
CANCELLATION
NAIC #
35076
1,000,000
50,000
5,000
1,000, 000
2,000,000
2,000,000
5,000,000
5,000,000
1,000,000
1,000,000
1,000,000
$ 1,000,000
$ 1,000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: CSC0000061 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
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)
Any person or organization to whom the Named
Insured has agreed by a fully executed written contract that such person or organization be added as an
Additional Insured for Completed Operations
Coverage, but only with respect to operations
performed by or on behalf of the Named Insured and
only with respect to occurrences subsequent to the
making of such fully executed written contract
otherwise covered by this insurance.
Location And Description Of Completed Operations
Where specified by fully executed written 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.
CG 20 37 04 13
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.
© Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: CSC0000061 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
- OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
PART LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2018 Page 1 of 1 0
This endorsement, effective: 01/14/2022
(at 12:01 A.M. standard time at the address of the Named Insured as showing in the Declarations) forms a part of Policy No: CSC0000061
Issued to: Loengreen Inc. dba Loengreen NV LLC
By: United National Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to SECTION IV -CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products completed operations hazard" provided you have agreed to do so in writing in a contract or agreement with that person or organization.
All other terms and conditions of the policy apply.
EPA -1719 (01/2014)
Includes copyrighted material of ISO Commercial Risk Services, Inc. with its permission. Copyright, ISO Commercial Risk Services, Inc.
POLICY NUMBER: CSC0000061 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
- OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE
PART LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 12 19
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2018 Page 1 of 1 0
POLICY NUMBER: CSC0000061 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 to whom the Named Insured Where specified by fully executed written contract. has agreed by a fully executed written contract that such person or organization be added as an Additional
Insured, but only with respect to operations performed
by or on behalf of the Named Insured and only with
respect to occurrences subsequent to the making of
such fully executed written contract otherwise covered
by this insurance
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
CG 20 10 04 13
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
© Insurance Services Office, Inc., 2012 Page 1 of 2
POLICY NUMBER: CSC0000061
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as 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:
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.
CG 20 10 04 13
© Insurance Services Office, Inc., 2012 Page 2 of 2
POLICY NUMBER: CSC0000061 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
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)
Any person or organization to whom the Named
Insured has agreed by a fully executed written contract that such person or organization be added as an
Additional Insured for Completed Operations
Coverage, but only with respect to operations
performed by or on behalf of the Named Insured and
only with respect to occurrences subsequent to the
making of such fully executed written contract
otherwise covered by this insurance.
Location And Description Of Completed Operations
Where specified by fully executed written 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.
CG 20 37 04 13
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.
© Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: CSC0000061 COMMERCIAL GENERAL LIABILITY
CG 21 07 05 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ACCESS OR DISCLOSURE OF
CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA -RELATED LIABILITY - LIMITED BODILY INJURY
EXCEPTION NOT INCLUDED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion 2.p. of Section I — Coverage A —
Bodily Injury And Property Damage Liability is
replaced by the following:
2. Exclusions
This insurance does not apply to:
p.Access Or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information,
credit card information, health
information or any other type of
nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted
to or from computer software, including
systems and applications software, hard or
floppy disks, CD-ROMs, tapes, drives, cells,
data processing devices or any other media
which are used with electronically controlled
equipment
CG 21 07 05 14
B. The following is added to Paragraph 2.
Exclusions of Section I — Coverage B —
Personal And Advertising Injury Liability:
2. Exclusions
This insurance does not apply to:
Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit monitoring
expenses, forensic expenses, public relations
expenses or any other loss, cost or expense
incurred by you or others arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
© Insurance Services Office, Inc., 2013 Page 1 of 1 0
ACCPRI-J 1il DATE (MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 11/22/2022
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 i.OhIALI Se Kim
NAME:
Y W Kim Inc. dba Vegas Insurance Group - NV PHONE 702 331-7500 AIEst): (702) [email protected]
ADDRESS: g @gmail.com
6376 Spring Mountain Road Suite 7 + INSURER(S) AFFORDING COVERAGE NAIC # Las Vegas NV 89146 INSURER A : UNITED FNCL CAS CO 11770 INSURED INSURER B:
Loengreen Nv LLC I INSURER C •
INSURER D :
INSURER E :
Las Vcgas NV 89146 INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I {AJJC. Not 7023317503
6268 Spring Mountain Rd 6110C
INSH 'A UUL"zUtlH POLICY EtF FUMY tXH
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIODNYYY)
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I [ OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
A - OWNED to SCHEDULED0159$261-2
AUTOS ONLY A AUTOS
v^HIRED to NON -OWNED
A AUTOS ONLY A AUTOS ONLY
UMBRELLA LIAB ] OCCUR
EXCESS LIAB CLAIMS -MADE
DED RETENTION $
/NOR (ERS C M ENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
01/05/2022 01/05/2023
LIMITS
EACH OCCURRENCE $
culnHut IV ritirI tU
PREMISES (En occurrence) $
MED EXP (Any ane person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
UOMBINzU }SINbLE LIMI I $
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
e'HUrtx1 Y UAMAIit $
'Per accident)
EACH OCCURRENCE $
IAGGREGATE $
(SER
TATUTE 1 IERrI
I EL. EACH ACCIDENT $
!EL DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED
Project Info
NIB No. PW -22-02 for the Old Town Placentia Facadc Improvements project
CERTIFICATE HOLDER CANCELLATION
1,000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF PLACENTIA ACCORDANCE WITH THE POLICY PROVISIONS. 401 E. CHAPMAN AVE. AUTHORIZED REPRESENTATIVE
SE WON KIM
PLANCENTIA CA 92870
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement is effective on the inception date of the policy unless another date is indicated below.
SECTION II --LIABILITY COVERAGE, 1. WHO IS AN INSURED is amended to include as an Insured" the person(s) or organization(s) named in the Schedule below, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. You are authorized to act for the additional Insured named in the Schedule in all matters pertaining to this insurance.
SCHEDULE
Name and Address of Additional Insured:
CITY OF PLACENTIA
401 E. CHAPMAN AVE.
PLACENTIA, CA 92870
All other terms and conditions of this Policy remain unchanged.
Endorsernent Number:
Policy Number 01598261-2
Named Insure4 LOENGREEN NV LLC
Endorsement Effective Date: 11/22/2022
address.
local Standard Time at the First Named Insured's
00 CA0070 00 09 06 Page 1 of 1
Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
f Name (as shown on your income tax return). Name is required an this line; do not leave this line blank.
LOENGREEN INC
2 Business name/disregarded entity name, if different from above N
c
0 N
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
°- 3 Check appropriate box for federal tax classification; check only ne of the following sever boxes:
c
° IllIndividualfsole proprietor or 111C Corporation S Corporation ❑ Partnership ❑ Trust/estate Sr s= single -member LLC
z. •U ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► p` i Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for c e the tax classification of the single -member owner, li v ❑ Other (see inatrucfions) ►
E 5 Address (number, street, and apt. or suite no.)
a 4728 Commonwealth Ave
rn
° 6 City, state, and ZIP code
8 La Canada Flintridge, CA 91011
7 List account number(s) here (optional)
Part I
Taxpayer identification Number (TIN)
4 Exemptions (codes apply only to
certajn entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside me U.S.)
—
i
Requester's name and address {optional]
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.
Sign Signature of
Here U.S. person ►
Social security number
or
1 Employer identification number
1416 - 31011171311
4 General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9 .
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) Date ► 1-2-2022
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U,S, trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1
SECTION C
PROPOSAL
for the
OLD TOWN PLACENTIA FACADE IMPROVEMENTS: PHASE 1
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA; In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore in accordance with the Scope of Work as described in the Bid Documents. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the Public Works Superintendent of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Forty- Five (45) working days. starting from the date of the Notice to Proceed or liquidated damages of $500 per day will be applied.
BIDDER declares that this proposal is based upon careful examination of the work site, scope of work, instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties. fees, etc., and will be guaranteed for a period of ninety days from the bid opening date. (fat such time the contract is not awarded. the AGENCY will reject all bids and will re -advertise the project. Jn the case of discrepancies in the amounts bid, unit prices shall govern over •extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
c-1
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE !IMPROVEMENTS: PHASE 1 Bidder shall signify receipt of all Addenda here, if any:
Addenda Date Received Bidder's Signature
N/A
C- 2
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1 OLD TOWN PLACENTIA FACADE IMPROVEMENTS: PHASE 1
PROJECT BID SCHEDULE
Bidder's Name: LOENGREEN, INC.
Bidder's Address: 4728 Commonwealth Ave., La Canada, CA 91011
BASE BID ITEMS
ITEM DESCRIPTION QUANT. UNIT TOTAL PRICE
NO.
1 Removal of existing lighting, signage, 1 L.S. 82,451.00 exterior plaster, and portions for walls for
expanded windows/doorways per
construction plans and specifications.
2 Phase 1: 62'-8" Linear Feet of 1 L.S. 123,387.00
improvement and renovation to existing
building facade at 101 W Santa Fe
Avenue including new plaster, new
storefront windows and doors, new tile
and brick, new awning and exterior
lighting per construction plans and
specifications.
BASE BID SCHEDULE TOTAL PRICE: $ 205,838.00
ALTERNATE BID SCHEDULE A
ITEM DESCRIPTION
NO.
I Provide new roll -up glass doors (Base
Bid: Provide Glass Storefront System)
2 Provide new entry door and frame to
replace existing. Provide new metal entry
door with tempered glass.
ALTERNATE BID SCH bULE A TOTAL PRICE: $
QUANT. UNIT TOTAL PRICE
1 L.S. $ 29,120.00
1 L.S. $ 10,774.00
39,894.00
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
'BID ITEMS TO BE INPUTED ON-LINE IN PLANETBIDS**
C- 3
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion Name of Address of State License
of Work Subcontractor Subcontractor License Class
Number
Roll Up Glass Door R&S Overhead Doors 1617 N. Orangethorpe Way 756821 C -61/D28; C -61/D21 Anaheim, CA 92801
Brick and Ceramic Universal Marble Granite & 13950 Beckner St. La Puente, 1049152 C54 Tiles Tile CA 91746
Scaffold Rolls Scaffold Inc. 11351 County Drive, Ste. B 915580 C-61 / D39 Ventura, CA 93004
Awning World of Awnings Inc. 7830 San Fernando Road 752924 C -61/D03 Sun Valley, CA 91352
Electrical Wakeland Electric 18510 Pasadena St. Ste. G 1063245 C-10 Lake Elsinore, CA 92530
Storefront Precision Glass Work, Inc. 390 Amapola Ave., Ste. #8 950149 C-17 Torrance, CA 90501
Demolition IDR Integrated Demolition and 4938 E. La Palma Ave., 1003504 C21 Remediation Inc. Anaheim, CA 92807
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C- 4
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
County of Orange
being first duly sworn, deposes and says that he rtxskh is President of Loengreen. Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Jeong Won Hong / President of Loengreen, Inc.
Name of Bidder, . d
Signature of
4728 Commonwealth Ave La Canada, CA 91011
Address of Bidder
Subscribed and sworn to before me this day of , 2022
NOTARY PUBLIC
See Attached
C- 5 NOTARY SEAL
JURAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signe=the document to which this certificate is attached,‘and not the truthfulness, accuracy, or validity of that document.
State of California
County of Las Av 1014 s
Subscribed and sworn to (or affirmed) before me on this kP1'`^ day of 1.16J • 20 )-?-- by ` e0Aej k)a.n 1-648
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature
a
OPTIONAL INFORMATION
(Seal)
BRYAN S. CHOI
Notary Public • California
Los Angeles County t
Commission # 2414757 (
My Comm. Expires Sep 26, 2026 F
INSTRUCTIONS
The wording of all Jurats completed in Califomia after January 1, 2015 must be in the form as set forth within this Jurat. There are no exceptions. If a Jural to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer reganiing the truthfulness of the contents of the document. The document must be signed AFTER the oath orefliimration. If the document was previously 1%- ^ C 011"S /C4—'r416. V 1.' fr signed, it must be ro-signed in front of the notary public during the prat process. (Title or description of attached document)
(Title or description of attached document continued)
Number of Pages I Document Date ►, (4 -
Additional information
4 2015 Version www NoieryClasses corn 800-873-9865
• State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed.
• Print the name(s) of the document signer(s) who personally appear at the time of notarization.
• Signature of the notary public must match the signature on file with the office of the county clerk.
• The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different jurat form.
• Additional information Is not required but could help to ensure this jurat is not misused or attached to a
different document.
• Indicate title or type of attached document, number of pages and date.
• Securely attach this document to the signed document with a staple.
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
D Yes D
No
If the answer is yes, explain the circumstances in the space provided.
N/A
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.
C- 6
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE IIMPROVEMENTS: PHASE 1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this contract.
Date: 11/17/2022
C- 7
LOENGREEN, INC.
Contractor
Jeong Won Hong
By
President
Title
BID DOCUMENTS FOR OLD TOWN PLACENTIA FAtyADE (IMPROVEMENTS: PHASE 1
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
LOENGREEN, INC.
Bidder's Name
4728 COMMONWEALTH AVE.,
Business Address
LA CANADA, CA 91011
City, State Zip
833-655-2278
Telephone Number
JEONG WON HONG
Contact Name
1036448 B
State Contractor's License No. and Class
03/02/2018
Original Date Issued
03131/2024
Expiration Date
The work site was inspected by
NIA
of our office on N/A 20_
The following are persons, firms, and corporations having a principal interest in this proposal:
Loengreen, Inc., - Jeong Won Hong / President & Owner.
C- 8
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE IIMPROVEMENTS: PHASE 1 The undersigned is prepared to satisfy the City Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
LOENGREEN, INC
Company Name`
Signature of B
JEONG WON HONG
Printed or Typed Signature
Subscribed and sworn to before me this _ day of . 20_ .
See Attached
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:
2. Cesar Chavez Park & Whitney Park Shade Structure, Clark County, Nevada Name and Address of Public Agency
Kety Jabbour, 702-455-2689; Kety.Jabbour@clarkcountynv gov Name and Telephone No. of Project Manager:
$396,000 Park and Shade Structure Improvement 8/31/2021 Contract Amount Type of Work Date
Mr. BBQ , Las Vegas Nevada
Name and Address of Public Agency
Jenny Chai, Owner 714-323-2191; [email protected]
Name and Telephone No. of Project Manager:
$1 25 M Tenant Improvement of Restaurant, Demo, Conc Repairs, Tiles, Paints 9/22/2022 Contract Amount Type of Work Date
C- 9
JURAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of I., 1, Ahtr( s
Subscribed and sworn to (or affirmed) before me on this lki" day of t joV 20z..i_ by mooCs." proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
J
Signature
4 (Seal)
BRYAN S. CHOI
Notary Public • California R
Los Angeles County E
Commission 0 2414757
My Comm. Expires Sep 26, 2026
OPTIONAL INFORMATION INSTRUCTIONS
The warding ore Arats completed In California eller January f, 2015 must be In the form as set forth within This Jurat. There are no exceptions. if a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of The document. The Po
document must be signed AFTER the oath or affirmation. 11 the document was previously V.: d r j 1 Por'AAA't i.••••1 signed, if must be resigned in front of the notary public during the jurat process. (Tide or description of attached document)
(Tile or description of attached document continued)
Number of Pages T— Document Date N to
Additional information
4 2015 Version www.NotaryClaeses.corn 800-873-9865
• State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed.
• Print the name(s) of the document signer(s) who personally appear at the time of notarization.
• Signature of the notary public must match the signature on file with the office of the county clerk.
• The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form.
Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
• Securely attach this document to the signed document with a staple.
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1 Burnin Mouth , Irvine, CA
Name and Address of Public Agency
Craig Chung, President, 909-706-7694; [email protected] Name and Telephone No. of Project Manager:
$692K Tenant Improvement of Restaurant, MEP, walls, floor, Ceiling & Roof Repairs 7/21/2022 Contract Amount Type of Work Date
C-10
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE IIMPROVEMENTS: PHASE 1
NOTICE OF AFFIR MATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal .
ACKNOWLEDGED this
at
A"›
Authorized Sigitture
President / Owner
Position
Loengreen, Inc.
Company
14 day of I"Ov&i^" v -49Y 20 Z�—
C-10
BID DOCUMENTS FOR OLD TOWN PLACENTIA FACADE (IMPROVEMENTS: PHASE 1
RESOLUTION NO. R-2022-83
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-2022-43, is hereby amended to adjust the following accounts as specified below:
Fund Description Department GL Account Amount Type
Community Community Development 302535-6401 $191,700 Expense Development Block Programs Services JL# 232501
Grant Fund
Community Federal Grants Development 302535-4201 $191,700 Revenue Development Block Services JL#232501
Grant Fund
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2022-83
PASSED, ADOPTED AND APPROVED THIS 6th DAY OF DECEMBER 2022.
Rhonda Shader, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, 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 6th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Green, Smith Yamaguchi, Wanke, Shader
Councilmembers: None
Councilmembers: None
Councilmembers: None
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-83
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DECEMBER 6, 2022
PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING
FOR CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURE DESIGN
SERVICES FOR THE OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT, NO. 1205
EXPENSE: $628,418
BUDGET: $691,259
PROFESSIONAL SERVICES AGREEMENT
FY 2022-23 CAPITAL IMPROVEMENT PROGRAM
BUDGET
The proposed professional services agreement with Kabbara Engineering (Kabbara) shall provide civil engineering and landscape architecture services to prepare the final engineered construction plans and bid documents for the Old Town Placentia Streetscape Improvement Project. This project is the final implementation of the Old Town Streetscape Master Plan adopted by the City Council in 2017 and construction will be funded through a partnership with the County in the Placentia Enhanced Infrastructure Financing District. The City issued a request for proposals from qualified civil engineering firms to provide these services and four (4) proposals were received. A proposal review committee consisting of the Deputy City Administrator, Director of Development Services and City Engineer reviewed and scored the proposals. At the conclusion of the scoring process, it was determined that Kabbara was the top-ranked firm. Based on the review committee's evaluation and the references provided by Kabbara, Staff is recommending that the City Council award Kabbara a professional services agreement for this project. The final engineering design process is anticipated to be completed in approximately nine months.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Award a Professional Services Agreement to Kabbara Engineering for a not -to -exceed amount of $628,418 to provide civil engineering and landscape architecture design services for the Old Town Placentia Streetscape Improvement Project, No. 1205; and
2. Authorize the City Administrator to approve any change orders up to 10% of the contract not -to -exceed amount, or $62,841; and
1.n.
Dec 6, 2022
City Council Agenda
December 6, 2022
3. Adopt Resolution No. R-2022-84, 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
4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action, however it is related to Goal 3, Objective 3.4: Complete the Financing Structure for the Old Town Enhanced Infrastructure Financing District (EIFD). The City/County EIFD will pay for the construction costs associated with this project under a separate financing mechanism.
DISCUSSION:
In 2017, the City Council adopted the Old Town Placentia Streetscape Master Plan. The plan was created and adopted as part of the Old Town Placentia Revitalization Plan which also included newly adopted development standards and zoning for Old Town. A similar plan and rezoning effort was adopted by the City Council for the adjacent Transit Oriented/Packinghouse District (TOD).
While private developers are paying for newly constructed streetscape improvements in the TOD, a separate funding source for streetscape improvements in Old Town had yet to be secured until 2020 when the City and County of Orange entered a partnership to create an Enhanced Infrastructure Financing District (EIFD) within and around Old Town Placentia.
The EIFD allocates City and County property tax revenue to construct public infrastructure improvements within the EIFD/Old Town project area utilizing tax increment financing. This partnership was the first of its kind in the State. The EIFD sets aside a small portion of existing property tax revenue collected each year from properties located within the project area for use on improving or providing new public infrastructure within the same project area. EIFDs were created by the State Legislature to help spur private investment in neighborhoods where public investment in supporting infrastructure has occurred. Property tax rates within the project area remain unchanged and there was no increase in taxes paid by the property owners located within the EIFD. It is anticipated that lease revenue bonds will be issued to provide the needed capital to construct the planned streetscape improvements. City and County staff have been working to finalize the bond structure and financing limits which should be completed within the first quarter of 2023.
The City Council allocated funds in the Fiscal Year 2021-22 Capital Improvement Program Budget (CIP) to provide the engineering and landscape architecture design services needed to prepare shovel -ready construction plans and bid specifications for the improvements included in the adopted streetscape master plan. Accordingly, Staff prepared a Request for Proposals to solicit bids from civil engineering design teams to prepare the construction documents and specifications for this project. A total of four (4) proposals for this project were received. A Selection Committee
City Council Agenda
December 6, 2022
consisting of the Deputy City Administrator, Director of Development Services, and City Engineer reviewed the proposals. The following table outlines the combined final scores and rankings:
RANKING CONSULTANT TOTAL SCORE
1 Kabbara Engineering 280
I 2 BKF 255
3 IMEG 245 J
4 HR Green 211
Kabbara Engineering (Kabbara) was the highest ranked firm based upon their extensive experience in designing similar streetscape projects as well as their understanding of the City's work scope and vision for Old Town Placentia. Additionally, Kabbara's bid included Nuvis Landscape Architecture who originally designed the streetscape master plan for the City as a subconsultant to prepare all of the project landscape and irrigation plans.
Cost proposals were received from each firm and were opened and evaluated as part of the evaluation process. Consultant cost proposals are based upon hourly rates for each assigned project team member multiplied by the total number of allocated hours by task. Professional services agreements are awarded based on qualifications; however, cost is a consideration only to the extent that the proposed cost is reasonable for the services to be provided. The cost proposals noted in the table below reflect each consultant's cost to provide these design services:
Consultant Initial Cost Proposal
Kabbara $873,724
I IMEG $898,200
I BKF $817,013
HR Green $401,725
Once the Kabbara team was identified as the top-ranked firm, Staff worked with Kabbara to refine the proposed work scope and fee which was subsequently reduced to the proposed contract not - to -exceed amount of $628,418. It should be noted that the cost proposal submitted by HR Green was approximately half of what was proposed by the other three consultant teams; however, the total number of hours they were proposing to allocate to the project was approximately half of what the other three firms were proposing. Based on Staffs understanding of the full scope of work and the number of hours reasonably required to complete that scope, it was determined that the resource allocation offered by HR Green was too low and would have most likely resulted in future work scope and contract change orders. The major discrepancy in their proposal led the review committee to award fewer points to HR Green based upon the proposal scoring rubric.
Staff and adjacent property and business owners along the 100 block of Santa Fe Avenue are evaluating the potential for a permanent street closure on that block and converting the street into a new public plaza space. The proposed agreement includes a provision that engineering design work, other than survey and mapping, not begin on this portion of Santa Fe Avenue until a final decision on whether or not to close the 100 block of Santa Fe has been made by the City Council.
Should the City Council elect to close the street the proposed improvements will follow approved concept plans and should the City Council elect to keep the street open, the final improvements
City Council Agenda
December 6, 2022
will follow the concept plans included within the adopted Old Town Streetscape Master Plan. The final engineering design process is anticipated to be completed in nine months.
A reference check of past Kabbara clients yielded favorable results as those references were pleased with the level of service and expertise provided by Kabbara. Accordingly, Staff recommends the City Council award this proposed Professional Services Agreement to Kabbara as the most qualified consultant team evaluated for this project.
FISCAL IMPACT:
The proposed contract not -to -exceed amount to provide design services for this project totals $628,418. A total of $350,000 was budgeted in the FY 2021-22 Capital Improvement Program Budget for these services but these funds were not previously carried forward. Resolution No. R- 2022-84 (Attachment 2) is recommended for approval to carryforward this FY 2021-22 ARPA funded capital improvement project and to appropriate additional funds from existing Measure U fund balance to support the cost of the project. This Resolution is presented for the City Council's consideration to amend the FY 2022-23 CIP Budget by allocating $341,259 in unallocated Measure U Funds and $350,000 in ARPA funding from FY 2021-22 to cover the cost to design the project as well as a design contingency amount of 10%. Accordingly, sufficient funds exist for the recommended actions.
Prepared by:
Masoud S
City Engine -r
Review a d a, • roved:
do/m
Luis Estevez
Reviewed and approved:
Jen ife Lampman
Director of Finance
Reviewed and approved:
Dam ea n R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Professional Services Agreement with Kabbara Engineering
2. Resolution No. 2022-84 — Budget Amendment Resolution
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
KABBARA ENGINEERING
THIS AGREEMENT is made and entered into this 6TH day of December, 2022 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Kabbara Engineering, a sole proprietorship ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide engineering and landscape architecture design services for the Old Town Placentia Streetscape Improvement Project as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated including knowledge of all current and applicable Americans with Disabilities Act (ADA) regulations regarding the construction of any ADA improvements included in this project to ensure the completed work product meets all applicable ADA or California Building Code (CBC) regulations regarding the engineering design of any needed ADA improvements prior to the solicitation of construction bids; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and 2 Kabbara Engineering
Rev. 08/2017
may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Six Hundred Twenty Eight Thousand Four Hundred Eighteen Dollars ($628,418.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing.. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice_ Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3 Kabbara Engineering
Rev. 08/2017
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on December 5, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4 Kabbara Engineering
Rev. 08/2017
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits. City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, 5 Kabbara Engineering
Rev. 08/2017
employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the 6 Kabbara Engineering
Rev. 08/2017
required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting.. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
7 Kabbara Engineering
Rev. 08/2017
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Kabbara Engineering
601 N. Parkcenter Drive, Suite 205
Santa Ana, CA 92705
Tel: 714-744-9400 Ext. 22
Fax: 714-617-5975
Attn: Leah Kabbara, P.E. QSD
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Fax: 714-528-4640
Attn: Luis Estevez
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, 8 Kabbara Engineering
Rev. 08/2017
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eliaibilitv Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9 Kabbara Engineering
Rev. 08/2017
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently 10 Kabbara Engineering
Rev. 08/2017
performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a 11 Kabbara Engineering
Rev. 08/2017
waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula,
City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk and ex -officio Clerk
of the City of Placentia
12 Date:
Kabbara Engineering
Rev. 08/2017
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Masoud Sepahi, Project Manager
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
Kabbara Engineering
Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
The contract proposal and scope of work is attached hereto as Exhibit A and incorporated herein to this agreement. Consultant shall delay any design work, other than survey and mapping services, on the 100 block of Santa Fe Avenue until a final decision is made by the City whether or not to convert that block into a permanent outdoor plaza or to design and construct the street improvements pursuant to the adopted Old Town Streetscape Master Plan.
The City shall issue the consultant a Notice to Proceed (NTP) to begin work based on this stipulation and will issue a separate NTP to complete the final engineering design of the 100 block of Santa Fe Avenue.
14 Kabbara Engineering
Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Kabbara Engineering
Rev. 08/2017
ABBARA
NGINEERING
PROPOSAL FOR:
Old Town
Placentia
Streetscape
Improvement
Project
PRESENTED TO:
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
ATTENTION:
Mr. Luis Estevez
Deputy City
Administrator
www.kabbara.net
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
CITY OF PLACENTIA
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TABLE OF CONTENTS
COVER LETTER
PAGE 2-3
1. STATEMENT OF QUALIFICATIONS PAGES 4-7
EXECUTIVE SUMMARY PAGE 4
YEARS IN BUSINESS PAGE 4
CORPORATE DOCUMENTATION PAGE 4
PROJECT MANAGEMENT PAGE 4
QUALITY ASSURANCE PAGE 5
TEAM PROCESSES & RESOURCES PAGE 6
SPECIALIZED KNOWLEDGE & EQUIPMENT PAGE 6
FINANCIAL STABILITY PAGE 7
INSURANCE PAGE 7
EXCEPTIONS PAGE 7
2. PROJECT TEAM ORGANIZATION PAGE 7-15
PROPOSED STAFFING PAGES 7
KABBARA ENGINEERING RESUMES OF KEY PERSONNEL PAGES 8-9
SUBCONSULTANT TEAM RESUMES PAGES 10-12
3. RELEVANT PROJECT EXPERIENCE & REFERENCES PAGES 12-17
4. PROJECT UNDERSTANDING & APPROACH PAGES 18-29
PROJECT UNDERSTANDING PAGES 18-24
SCOPE OF WORK PAGES 25-29
5. SCHEDULE PAGE 30
6. FEE PROPOSAL (IN SEPARATELY SEALED ENVELOPE)
September 8, 2022
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Attention: Mr. Luis Estevez, Deputy City Administrator
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Subject: Proposal for Professional Engineering Design Services for the Old Town Placentia Streetscape Improvement Plan
Dear Mr. Estevez,
Kabbara Engineering is pleased to present this proposal for Professional Engineering Design Services for the Old Town Placentia Streetscape Improvement Project, to the City of Placentia.
The Kabbara Engineering team is committed to meeting the City's needs as outlined in the RFP, and offers the following:
• Knowledge of Local Environment - Kabbara Engineering has dedicated its services strictly to public agencies since 1990, and has successfully completed the design and management of numerous local, state and federally funded streetscape, street and pavement rehabilitation, traffic, transportation, transit/multi-modal, and other design and rehabilitation projects for local public agencies in Orange, Los Angeles and San Bernardino Counties, including County, Caltrans, BNSF, SCRRA/Metrolink and UPRR permitting and approvals. This combination of past local pavement design experience coupled with our dedication to municipal service, produces a project team that is thoroughly acquainted with the local environment and the needs of the City of Placentia.
• Project Team - Leah Kabbara, PE, QSD, will be assigned as Project Manager for this project and has over 30 years of municipal streetscape, street, pavement, drainage and other infrastructure engineering design and management experience in Orange, Los Angeles and San Bernardino Counties. Our team also includes access to a highly qualified group of subconsultants, in the specialized fields of landscape architecture (NUVIS), geotechnical engineering (Atlas Technical Consultants LLC), lighting, electrical & traffic engineering (General Technologies & Solutions LLC) and field survey (OnPoint Land Surveying Inc.), as required for the project. The proposed Kabbara Engineering team members have long term relationships and have worked together successfully on similar projects for more than 10 years. • Principal Involvement - Kabbara Engineering is run by Principals who have over 60 years of combined municipal engineering experience, and a stake and personal involvement in every project undertaken. That involvement ensures that resources are prioritized for your project, and that we produce a quality product that proceeds on a predictable schedule, is designed within budget, and experiences minimum construction change orders.
• Relevant Experience - Kabbara Engineering has extensive streetscape design experience and is currently providing similar Professional Engineering Design and construction engineering support services for the Melrose Avenue and Design District Streetscape Improvements (Phase 1 & Phase 2) for the City of West Hollywood. We have delivered successful streetscape projects for local agencies throughout Southern California since 1999, including the Downtown Santa Monica Transit Mall 4th Street Improvements, 20th Street and Cloverfield Boulevard Streetscape Improvements, 4th Street Traffic Calming Improvement and the Colorado Avenue Pedestrian Improvements for the City of Santa Monica; the Downtown Downey Beautification Project for the City of Downey; the Downtown Specific Plan Streetscape Improvements for the 2 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
City of El Segundo; the Olive Avenue Preliminary Streetscape plans and Burbank Boulevard Streetscape Improvements for the City of Burbank; and the Foothill Boulevard Streetscape Project and the Downtown "C" Street Streetscape Revitalization Project for the City of Upland. We also recently completed a Citywide, local tax funded, street, pavement rehabilitation and storm drain master plan improvements, including 16 miles of streets for the City of La Mirada, and we are very familiar with the latest in pavement rehabilitation strategies including full depth reclamation (FDR), cold -in-place recycling (CIR), ARHM, ARAM, DGAC and other available pavement alternatives. Kabbara Engineering is also very familiar with the latest ADA compliance requirements, since we served on the APWA Technical Committee for Standards and Specifications. We also currently provide similar On-call Engineering Design Services to the City of Laguna Beach, City of Brea, City of La Mirada, City of Orange, City of Glendora, City of Culver City and the City of Irvine. • Past Performance Record - Kabbara Engineering has a proven, 30+year track record of successfully providing professional engineering design, management, survey and consulting services to local agencies throughout Southern California. We encourage the City of Placentia to contact our references to confirm our outstanding track record.
• We have reviewed and fully understand the scope of services outlined in City's RFP, and are prepared to provide the City of Placentia with the high quality, Professional Engineering Design Services requested therewith. Kabbara Engineering will perform the services and adhere to the requirements described in the RFP. We found no Addenda have been posted to the RFP on CIPlist.com. • No portions of this Proposal as submitted herein are marked "CONFIDENTIAL" or should be considered proprietary, and we understand that all or part of this submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act. • Kabbara Engineering will not substitute members of its design team without approval by the City of Placentia. • Kabbara Engineering does not have any Conflicts of Interests with this project or the City of Placentia. • Kabbara Engineering attests that there has been no Collusion with other proposing firms. • Kabbara Engineering and our subconsultants are able to fulfill and agree to the indemnification and insurance requirements contained in the RFP per the City's Sample Contract.
We believe that these strengths make Kabbara Engineering exceptionally qualified to provide the City of Placentia with the requested Professional Engineering Design services. Thank you for this opportunity to be of service. We look forward to working with City staff on this contract, and for the opportunity to help implement a beautiful streetscape revitalization project, that will benefit the Old Town area and community at large for years to come. Please note that this proposal is valid for a period of 120- days from the date of this letter.
Should you have any questions or need additional information, the Point of Contact for this project will be the undersigned, and I may be contacted at the following address: 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705, telephone (714) 744-9400 extension 22, fax (714) 617-5975, or email: leah@,kabbara.net.
Sincerely,
KABBARA ENGINEERING
Leah Kabbara, PE, QSD
PRINCIPAL ENGINEER
3 1. STATEMENT OF QUALIFICATIONS
Executive Summary
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Kabbara Engineering is a full service and licensed Civil Engineering and Land Surveying company with extensive experience with the design of federal, state and locally funded civil engineering design projects including streetscape, pavement, storm drain, water, green streets, traffic, transportation and other municipal projects.
Kabbara Engineering has successfully completed over a dozen similar streetscape projects in the Southern California basin, and is currently performing similar design and construction engineering support services for the City of West Hollywood. We also currently provide similar On-call Engineering Design Services to the City of Laguna Beach, City of Brea, City of La Mirada, City of Orange, City of Glendora, City of Culver City and the City of Irvine.
The Kabbara Engineering Team also includes excellent long-term relationships with a highly qualified group of subconsultants who have worked together successfully on past similar streetscape and other municipal projects for over 10 years. Our subconsultant team includes NUVIS, Atlas Technical Consultants LLC, General Technologies & Solutions LLC, Welsh Structures Inc., Robert J. Lung & Associates Inc. and KDM Meridian Inc., as required for the project.
We are a local firm with offices located in Orange County at 601 North Parkcenter Drive, Suite 205, Santa Ana, California, 92705, phone (714) 744-9400, and fax (714) 617-5974. Leah Kabbara, PE, QSD, Principal Engineer is the contact for this contract and can be reached directly at phone (714) 744-9400, Extension 22, fax (714) 617-5974, or email: [email protected].
Cornorate Documentation
Kabbara Engineering is a sole proprietorship, dedicated to technical excellence and high-quality services in the design and construction of public works projects. Our Federal Employer I.D. No. is 33-0716651.
Years in Business
Kabbara Engineering is pleased to be celebrating our 32" d year anniversary in business this year, and has been dedicated to serving the public works community in Southern California since its founding in 1990.
Proiect Management
At Kabbara Engineering, the key to an effective management approach is the organization of a highly qualified team of professional engineers, land surveyors and technical support staff. A team approach is applied to every project undertaken, with a Principal Engineer in responsible charge of the project, directing, managing, and acting as the central design figure in the work. Ms. Leah Kabbara, PE, QSD, will be the Project Manager and Principal -in -charge of your projects and will be directly responsible for all aspects of the project. Ms. Kabbara has over 30 years of experience in the design and management of public works projects and has completed numerous municipal streetscapes, street, pavement, storm drain, water, sewer and other improvement project plans, specifications, estimates within the Southern California area. Mr. Bill Kabbara, PE, PLS, will be the Project Engineer in charge of your projects and has over 30 years of experience in the design and management of various municipal streetscape, street and pavement rehabilitation and utility improvement projects within Southern California. Mr. Bill Kabbara can be reached directly at phone (714) 744-9400, Extension 23, fax (714) 744-9771, or email: [email protected]. 4 ABBARA
NGINEERING
Oualitv Assurance
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
As evidenced in our Experience Profile, and by the quality or our references, Kabbara Engineering has worked exclusively for public agencies, and therefore understands the importance of producing a quality product that proceeds on a predictable schedule, is designed within budget, and experiences minimum construction change orders. Our Quality Assurance Plan always includes formal reviews for value engineering and constructability by a Principal Engineer of our firm and by an external designated construction manager. Also included is a review of all Opinions of Probable Construction Costs by an external designated construction estimator, and comparison of actual recent bid costs on similar projects in the area. Consequently, our project management procedures include safeguards to ensure that the City of Placentia will benefit from a project that responds to all design issues, is completed on time, and receives construction bids that are close to the Engineer's Estimate.
Kabbara Engineering's approach to successfully executing the proposed services is based on a pro -active quality assurance management approach that allows our team to serve as a direct extension of the City staff. Our strong commitment to total quality assurance follows a proven path of work elements and tasks which are anchored in our knowledge and experience with capital improvement design, construction principles, state and federal funding compliance, and jurisdictional agency requirements.
Quality Assurance is a key component of every Client's project and will be an on-going task within each project.
Kabbara Engineering is committed to meeting our client's project schedules. Our excellent record of quality assurance, including project schedule and cost compliance is based on the following three-point plan:
Project Planning
We feel that project planning is a vital first step to reach our goal "project completion on-time". In planning a project, we will thoroughly define the mutually agreed upon project goals and requirements and break down the project into the tasks. Utilizing the Critical Path Method we rank each task, determine the resource requirements to accomplish each task, review any time constraint and allocate the necessary resources for maximum efficiency. Project tasks, responsibilities and goals will be clearly communicated and understood at all staff levels, as required to collaboratively develop the design for the project with the Client. Good planning is only the first step to accomplish our goal of ensuring schedule and budget compliance.
Project Tracking
We are constantly striving to meet all of the project time constraints through constant monitoring and tracking.
To help us with this task, we use computers with the latest in project scheduling and tracking software to adhere to the project schedule. These tools allow us to manage our resources efficiently and adjust our planned course of action to meet the project schedule.
Highly
qualified
Project
Team
Commun
cation
Quality
Assurance
Project
Planning
5 Project
Tracking
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Communication
Clear communication between our design team our client is of the vital importance for all projects. We strive to keep our clients informed of the project schedule and design progress through our "STATUS REPORTS" which are provided in hard copy and will regularly be available and updated for the City's Project Manager on our secured access web site. These reports will identify any potential problems early on and help secure solutions. Status reports are prepared on a monthly or bi-weekly time frame depending on the client's needs and the project requirements.
Team Processes & Resources
The Kabbara Engineering Team, including all of its subconsultants have committed to their availability and their personal involvement for the duration of this project. Additional staff will be available to support our core team as required for the successful completion of this project. The continuity of our team members will expedite project delivery and implementation.
Specialized Knowledge & Equipment
The Kabbara Engineering Team has the experience in all aspects of this Civil Engineering capital improvement design, engineering and construction contract. Our knowledge of local conditions, regulations and excellent working relationships with local agencies and communities will enhance the implementation and successful completion of this project.
The Kabbara Engineering Team also has over 30 years of extensive knowledge and experience with federal and state funding and grant preparation, management, processing and compliance.
Kabbara Engineering recently assisted the City of Costa Mesa, with federal grant applications for the Active Transportation Program grants which are a combination of the old SRTS, Bike and TEA programs, and successfully ranked #1 in obtaining Measure M2 Environmental Cleanup Program Tier 2 Grant funding for the City's award winning bioswale and dry weather diversion project.
Kabbara Engineering is also very familiar with federal and state funding compliance requirements, and has successfully completed preparation and processing numerous federal funding and grant applications, preliminary environmental studies (PES), E-76 packages, agency invoicing, and coordination for numerous projects over the last 24 years, including those funded by ISTEA, SR2S, HSIP, ARRA 1, ARRA 2, STPL, Prop 42, Prop C, AHRP, Tier 2, Measure M, M2, CDBG, ATP, special tax, and other federal, state and local funding programs.
Each project is designed using AutoCAD workstations. All field survey crews are outfitted with electronic equipment, including G.P.S. equipment and data collectors for direct interface with the office CADD systems.
Infrastructure Premium including Civil3d 2021 and Pavement Sections programs CALAC, are used for typical street and utility improvement and rehabilitation projects' design and drafting. These two tasks are accomplished concurrently, which greatly improves the speed and accuracy of drawing production, resulting in lower production costs which are passed on to our clients. CADD offers many advantages which include modifications to designs that can be accomplished with greater ease. Uniform presentation and ease of as -constructed plans are some additional advantages.
Kabbara Engineering utilizes the latest in hydrology software and computational methods in watershed modeling. We are very familiar with all of the Advanced Engineering Software (A.E.S.) programs, the Los Angeles Watershed, Rational Method Program (for less than 100 acres), the Modified Rational Method F0601 Program (for areas above 100 acres), and the Unit Hydrograph HEC 1 Flood Hydrograph Package developed by the U.S. Army Corps of Engineers. In hydraulic analysis and design, we use the Water Pressure Gradient Program (WSPG) developed by the 6 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Los Angeles County and the HEC 2 (Water Surface Profiles), HEC 6 (Scour and Deposition in Rivers and Reservoirs) programs, Visual Urban (FHWA Catch Basin Sizing, Detention, Routing) and HY 8-7.0 (FHWA Culvert Design).
Communication between the client and team members is enhanced by digital communication, via the internet, of all related project criteria, schedules, status reports, work products and deliverables.
Financial Stability
Kabbara Engineering is in excellent financial health, and has never been the subject of any litigation, bankruptcies, mergers, or closures, and is not subject to any known conditions that may impact our ability to do business in or with the City of Placentia. Kabbara Engineering has an outstanding commitment to client service, and has never failed or refused to complete a contract with any public agency, most of whom are long term and repeat clients. Kabbara Engineering maintains no financial interests in other lines of business.
Insurance Coverage
Kabbara Engineering maintains professional liability, comprehensive general liability, vehicular, and workers compensation insurance in accordance with the latest requirements of the City of Placentia and the Labor code. A copy of our current certificate of insurance is available upon request.
Excentions
Kabbara Engineering does not take any exceptions nor propose any alternations or amendments to the Scope of Services or other requirements of the RFP including the Sample Contract.
2. PROJECT TEAM ORGANIZATION
Our core team of design professionals has over 170 years of combined municipal civil engineering and project management experience, specifically in Southern California. Kabbara Engineering also enjoys a 30 -year record of success in preparing the design of local, state and federally funded PS&E construction bid packages for a wide variety of Civil Engineering and infrastructure projects for local agencies, many of which have been successfully audited by the FHWA.
The Kabbara Engineering Team has a full range of federal and state funding experience, including preparation and processing of grant applications, preliminary environmental studies and documentation, state and federal permit requirements, requests for authorizations to proceed with design and/or construction, PS&E design, bidding and construction compliance, local agency invoicing/reimbursement procedures, and project closeout.
Ms. Leah Kabbara, P.E., QSD, will be the Project Manager and Principal -in -charge of your projects and will be directly responsible for all aspects of the project. Ms. Kabbara has over 32 years of experience in the design and management of public works projects and has completed numerous municipal streetscapes, street, pavement, traffic, green streets, and other improvement project plans, specifications, estimates within the Southern California area. Mr.
Bill Kabbara, P.E., P.L.S., will be the Project Engineer in charge of your projects and has over 33 years of experience in the design and management of streetscape, street, pavement and various municipal projects within the Southern California basin. These key personnel above have committed their availability for the duration of this contract and shall not be removed or replaced without the prior written concurrence of the City of Placentia. The Kabbara Engineering Team for the City of Placentia includes:
7 Kabbara Engineering Team
KABBARA ENGINEERING
Civil Engineering — Prime Consultant
601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 (714) 744-9400 leah(Aabbara.net
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Leah Kabbara, P.E., QSD, Principal Engineer/Project Manager - 32+ years' experience Education: 1983 - University of California, Irvine, BS, Civil Engineering Licensure: Professional Civil Engineer, State of California - RCE 41879 Qualified SWPPP Developer, State of California - C41879 Professional Organizations: ASCE, APWA, CCEA, AWWA
Brief Background: Ms. Kabbara, Project Manager for Kabbara Engineering, has more than thirty-two (32) years of experience in the design of local, state and federally funded municipal street, streetscape, redevelopment, storm drain, drainage, sewer, water, recycled water, traffic and transportation projects in Southern California. As Project Manager, Ms. Kabbara is responsible for the quality assurance reviews, scheduling, manpower, and for maintaining a high level of communication with clients and staff. Ms. Kabbara has been directly responsible for the following projects, in the role of project manager and/or project engineer, and has been responsible for the design and management of hundreds of street, streetscapes, lighting, traffic, sewer, water, storm drain and institutional projects.
Ms. Kabbara also has extensive experience in the preparation and processing of federal and state grant applications, and compliance documentation and currently serves as District Engineer for the Pico Water District.
Project Experience: Ms. Kabbara's experience includes streetscape design for the City of Downey, City of El Segundo, City of West Hollywood, City of Santa Monica, City of Upland, City of Pico Rivera, City of Burbank and City of Costa Mesa, and numerous other street, storm drain, traffic, water and sewer infrastructure projects throughout Southern California.
Bill Kabbara, P.E.,L.S., Principal Engineer/Project Engineer - 33+ years' experience Education: 1982 - University of California, Irvine, BS, Civil Engineering 1982 - University of California, Irvine, BS, Biological Sciences 1985 - California State University, Long Beach, MS, Civil Engineering Licensure: Professional Civil Engineer, State of California - RCE 40812 Professional Land Surveyor, State of California - LS 6624 Professional Organizations: ASCE, APWA, CCEA, AWWA, CLSA Brief Background: Mr. Kabbara has over thirty-three (33) years of professional engineering experience, with a specialization in public works projects specifically in Orange and Los Angeles Counties. As Principal and Project Engineer, Mr. Kabbara will act as the central design figure in the work. Mr. Kabbara has been responsible for the design and management of numerous public works projects including street rehabilitation, streetscape, storm drain, flood control, master plans of drainage, inundation studies, sewer, water, and institutional projects. Mr. Kabbara also has extensive construction supervision experience, obtained while previously with the Orange County Environmental Management Agency, where he provided construction supervision of public works projects including street reconstruction, storm drains and flood control channels projects. Mr. Kabbara also has over 33 years' experience achieving design compliance with federal and state funding requirements, including ADA, Title 24, and Caltrans E-76 processing, and has served on the APWA technical committee for standards and specifications. Mr. Kabbara's experience includes streetscape design for the City of Downey, City of El Segundo, City of West Hollywood, City of Santa Monica, City of Upland, City of Pico Rivera, City of Burbank and City of Costa Mesa, and numerous other street, storm drain, traffic, water and sewer infrastructure projects throughout Southern California. 8 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Grant Anderson, P.E., T.E., Traffic Engineer - 40+ years' experience Education: 1978 - University of Southern California, BS, Civil Engineering Licensure: Professional Civil Engineer, State of California - RCE 34285 Professional Traffic Engineer, State of California - RTE 1193 Brief Background/Experience: Mr. Anderson has over 40 years of experience in traffic and civil engineering. He has been responsible for traffic studies of intersections and highway segments, traffic signals, preparing reports and recommendations related to traffic/transportation problems, traffic operations, and freeway and road development.
Previously, as Chief of Roadway Design and Chief Traffic Engineer for the County of Orange (Retired - OCERS), Mr.
Anderson has supervised roadway design and civil engineers, traffic engineers and technicians in traffic operations, traffic engineering, and short-range transportation planning activities. He has represented Traffic Engineering on various committees and commissions. He has provided his technical expertise in design, plan check and consulting with a variety of private and public agencies. Mr. Anderson is also an expert in federal and state funding and grant applications, and recently provided Kabbara Engineering's On-call professional traffic engineering and program management services to the City of Costa Mesa. Mr. Anderson most recently completed the following streetscape project as a highly qualified member of the Kabbara Engineering team: City of West Hollywood — Melrose Avenue Streetscape Improvement Project.
Ithiel Carter, PhD., L.S., Land Surveyor- 25+ years' experience Education: 1985 - University of California, Santa Barbara, BS, Mathematics 1987 - University of California, Santa Barbara, MS, Mathematics 1990 - University of California, Santa Barbara, PhD, Mathematics Licensure: Professional Land Surveyor, State of California - LS 6759 Brief Background/Experience: Dr. Carter has over 25 years of professional land surveying experience. He has extensive experience in control and topographic surveying, data collection and reduction, road profiling and cross sections, construction staking, right-of-way mapping, legal descriptions and exhibits, and boundary analysis. Dr.
Carter is responsible for mapping, coordination, review and approval of survey field work, managing and scheduling crews and coordination with clients' approval, inspection, and management of testing services. Dr. Carter's most recently completed the following streetscape projects as a highly qualified member of the Kabbara Engineering team:
City of Upland - Foothill Boulevard Streetscape Design Survey, Legal Descriptions and Exhibits for R/W dedications and easements; City of West Hollywood - La Brea Avenue Streetscape Design Survey; City of Santa Monica - 20th Street & Cloverfield Boulevard Streetscape Design Survey.
Robert Harvick, BSCE, E.I. T, Civil Engineer/CAD Designer- 13+ years' experience Education: B.S., Civil Engineering — 1998, California State University, Fullerton Licensure: EIT — California — XE 105468
Brief Background/Experience: Mr. Harvick has over thirteen -years of civil engineering experience in the design of public works projects and is very familiar with AutoCAD, AutoDesk Land Development and the Civil Engineering Design Module. Mr. Harvick's recent streetscape experience includes computer-aided design and drafting for the following the City of El Segundo's Downtown Specific Plan Improvement project; City of Santa Monica's 20th and Cloverfield Streetscape; City of Upland, Foothill Boulevard Streetscape and Downtown "C" Street Revitalization Project.
Kabbara Engineering also maintains excellent long-term relationships with a highly qualified group of subconsultants who have worked together successfully on past similar municipal projects for over 10 years, including the following specialized expertise, as required for this project. Departure or reassignment of, or substitution for, any member of the designated subconsultant team shall not be made without the prior written approval of the City. 9 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Subconsultant Team
NUVIS - Landscape Architecture & Irrigation (DBE)
20250 SW Acacia Street, Suite 260, Newport Beach, CA 92660 714) 754-7311 pcardoza(a,nuvis.net
Perry A. Cardoza, PLA, ASLA Principal- In -Charge Landscape Architecture Education: BSLA California State Polytechnic University, Pomona, 1986 Licensure: CA PLA 3943
Brief Background/Experience: Perry brings to the team over 36 years of professional landscape architecture design excellence. His innovative designs featuring site specific, sustainable design solutions paired with creativity have earned industry accolades and recognition for our clients. Perry has an excellent reputation for working with the community, design team and Client in order to achieve the desired outcomes while meeting the needs and desires of the project user. Similar in nature, Perry was the PIC for the Old Town/Packing House District & TOD (Placentia), Complete Street Plan for Beverly & Robertson (West Hollywood), and the Olive Avenue Improvement Plan (Burbank).
Tomas Munoz, PLA, ASLA Sr. Project Manager
Education: BSLA California State Polytechnic University, Pomona, 1978 Licensure: CA PLA 1977
Brief Background/Experience: With decades of on-call experience with the City of Los Angeles, County of Los Angeles, Port of Los Angeles, and many other public agencies. His emphasis is in water -wise public- and private - oriented park/recreation planning and urban design projects. As a Project Manager on many of NUVIS' public agency projects; client relations, technical direction of construction documents, and multi-team/agency coordination are his notable strengths. Similar projects include Atlantic Avenue (Bell), I-110 & I-10 Beautification (MTA), and Front Street Beautification (POLA).
ATLAS TECHNICAL CONSULTANTS LLC - Geotechnical (SBE/DVBE) 6280 Riverdale Street, San Diego, CA 92120
(619) 280-4321 [email protected]
Emil Rudolph, P.E., G.E. Principal Geotechnical Engineer Education: BS, Geological Engineering, University of Arizona Licensure: State of California Professional Engineer PE #64301, State of California Geotechnical Engineer GE #2767 Nuclear Gauge Operator Certification
Brief Background/Experience: Emil has 25 years of experience providing geotechnical consultation, observation and testing services for a wide range of infrastructure projects. He provides oversight and management of geotechnical and material testing teams during design and construction projects. His duties include the oversight of geotechnical and forensic evaluations including the review of field exploratory data to interpret subsurface geologic conditions, geotechnical calculations, review of temporary shoring systems, and the review of geotechnical reports and distress surveys of slopes, excavations, buildings, bridges, pavements, retaining walls and other improvements. During construction, he assesses earthwork compliance, advises on special inspection and testing results, and provides Atlas with quality reviews and technical advice.
GENERAL TECHNOLOGIES AND SOLUTIONS LLC - Traffic/Electrical 1055 West 7th Street, Suite 3300, Los Angeles, CA 90017 (213) 267-2332 [email protected]
Rawad Hani, P.E., T.E. Principal Traffic Engineer
Education: Bachelor of Civil Engineering, American University; Master of Civil Engineering, American University; Public Policy Making Certification
Licensure: PE in California and Washington (#83730), TE in California (#2817), Professional Transportation Planner (PTP), Professional Traffic Operations Engineer (PTOE), Roadway Safety Professional 1 (RSP1) 10 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Brief Background/Experience: Rawad is a traffic engineer and transportation planner with over 20 years of experience. He specializes in traffic engineering, parking analysis, demand modeling, and technology applications.
Rawad has managed engineering design projects in the US and internationally where he advised public, private, and institutional clients. His recent experience includes assisting local governments across Southern California with transportation plans, traffic studies, parking management strategies, and signal and street lighting designs. His project experience includes the cities of Hermosa Beach, Irvine, Buena Park, Commerce, Santa Monica, and Glendora among others. Rawad understands the importance of striking the right balance between engineering (mobility and safety) and planning (livability and sustainability) considerations. He has worked on context -sensitive design projects and has helped planning and transportation agencies achieve effective solutions.
Chaouki A. Hosn, E.E Electrical Engineer
Education: BS Electrical Engineering, University of Washington, Seattle, WA Licensure: EE in California (#14083)
Brief Background/Experience: Chaouki is a California registered Electrical Engineer, specializing in high and low voltage design for infrastructure projects. His experience includes street lighting design, lighting photometric, communication infrastructure, dry utility services as well as the electrical design for parking lots lighting design. He has designed several electric vehicle charging stations as well as electrical infrastructure designs for commercial, industrial facilities, and residential facilities. Chaouki has over 34 years of experience working with the private and public sectors mostly with the City of Los Angeles Harbor Department and as such he understands first-hand the demands placed on the local agency staff and works collaboratively with utility owners and local agencies to ensure on-going communications and timely delivery of projects. 11 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
3. RELEVANT PROJECT EXPERIENCE & REFERENCES
The following experience profiles showcase recent federal, state and locally funded projects successfully completed by Kabbara Engineering and the proposed Project Team for the City of Placentia, specifically including the same Kabbara Engineering Team members, and our subconsultants as applicable.
Client: CITY OF WEST HOLLYWOOD 8300 Santa Monica Boulevard, West Hollywood, CA 90069
Contact: Mr. Donn Uyeno, P.E., Senior Civil Engineer (now at City of Palm Springs) (760) 323-8253, [email protected]
Project Cost: $768,612 Year of Completion: 2014
La Brea Avenue Streetscape Project
ASCE 2014 COMMUNITY PROJECT OF THE YEAR AWARD
Kabbara Engineering was selected by the City to prepare construction plans, specifications and estimates for the implementation of the City of West Hollywood Master Streetscape Plan for three City block of La Brea Avenue, from Fountain Avenue to Romaine Street (2,0001.f.). NUVIS provided the landscape architectural and irrigation design for the project as subconsultants to the KE Team. Project also included traffic signing and striping, traffic control, traffic counts, and preparation of a traffic study and Synchro analysis, as required to support the proposed median alignments and to provide adequate stacking distances at intersections and major driveway access points. Project design elements included planted medians, new decorative parkway paving, street and median trees, infiltration planters and tree wells. Project also included paving of this existing concrete roadway section, new irrigation improvements for the medians and parkway, and new pedestrian street lights and electrical system, reconstruction of damaged curb and gutter, and driveways, and installation of parking meters. Project also included traffic signing and striping, traffic control, traffic counts, and preparation of a traffic study, as required to support the proposed median alignments and to provide adequate stacking distances at intersections and major driveway access points.
Client: CITY OF WEST HOLLYWOOD 8300 Santa Monica Boulevard, West Hollywood, CA 90069 EY
s !alio
° I If
lir 1 gill
2...,..E 1
W■ I.21
1,21111,
ems° LA BREA AVENUE 1'
-.- L AEETSCAPE PROJECT
Contact: Mr. H. Yanni Demitri, P.E., T.E., Director of Public Works (now at City of Culver City) (310) 253-5630, [email protected]
Project Cost: $12.8 million Year of Completion: 2021 (Design), 2023 (Construction) Melrose Avenue Streetscape Project (Phase 1)
Kabbara Engineering was selected by the City of West Hollywood to implement Phase 1 of the Design District Streetscape Master Plan, which includes Melrose Avenue from San Vicente to the East City Limits. The KE Team prepared preliminary design concepts and final construction plans, specifications and estimates for the project bid, and provided bid phase and construction phase engineering support for the work. The proposed Complete Street improvements included roadway realignment and narrowing, including curb extensions and sidewalk widening, new curb & gutter, sidewalks, ADA compliant ramps, special PCC pavements, ARHM/DGAC roadway pavement, LED street and pedestrian lights & electrical system with cellular node connectivity, new WiFi and Interconnect 12 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
improvements, 132 new street trees, landscape planting, irrigation, tree lighting outlet receptacles, banners, wayfinding signage, EV charging stations, 3 traffic signal modifications and upgrade to video detection, IRWL installations at 3 intersections, Silva Cell and hydropaver installation, storm drain catch basin relocations with ARS installations, VCP sewer main relocations, blunt force walls, parking meters, complete street furniture including bike racks, benches, trash receptacles, sharrow bike lanes, Gathering Space parklet design, new Smart bus shelters, traffic signing & striping and utility adjustments. Project also included extensive design coordination for major utility mainline and vault relocations by SCE, Spectrum and AT&T forces, LACFCD permit coordination, relocations of existing LADWP facilities and coordination on new irrigation service installations, various adjustments and relocations of City of Beverly Hills Water facilities. Project also included artist selection and incorporating public art into the project design, and performing extensive community outreach and coordination during design.
Client: CITY OF BURBANK 150 N. Third Street, Burbank, CA 91502 Contact: Mr. Omar Moheize, P.E., Principal Engineer, (818) 238-3943, OMoheize(&,burbankca.gov Project Cost: $9,400,000 Year of Completion: 2009
1. Burbank Boulevard Street Improvement Project
The City of Burbank selected Kabbara Engineering to be the lead design consultant for approximately 2.2 miles (11,7001.f.) of street resurfacing with cold plane and overlay of existing pavements, selective localized concrete pavement reconstruction, ADA pedestrian ramp upgrades, bus pads, and six (6) new raised medians (approximately 60 ft. long) for Burbank Boulevard from 350' West of Clybourn
Avenue to 350'East of North Victory Boulevard. This project also included a geotechnical investigation and pavement recommendations, traffic signing and striping, and coordination with other consultants to the City, including landscape and irrigation consultant, traffic signal interconnect consultant and Burbank Water & Power, for new reclaimed water and
street lighting design and construction. Kabbara
Engineering also provided construction engineering support to the City's inspector throughout the duration of the project construction. Project was completed within budget and on - schedule, with no design or construction change orders.
Project Cost: $490,000
and
Year of Completion: 2014
2. Magnolia Park Street and Parking Lot Improvement Projects Kabbara Engineering was selected by the City of Burbank to implement the Magnolia Park Specific Plan Improvements, which consisted of preliminary and final design of PS&E for construction of street improvements, addition of diagonal on -street parking spaces, and the improvement of a dual use private/public parking lots in Magnolia Park Specific Plan area. Work locations included: Niagara Street, from Magnolia Street North to the Alley; Catalina Street, from Magnolia Street South to the Alley; Frederic Street, Screenland Drive, and 3 Parking Lot Improvements (North & South Magnolia and Church Parking Lots). The work associated with this project consisted primarily of sawcut, removal & disposal of existing structural section and P.C.C. improvements; cold milling of A.C.
Pavement; street reconstruction and overlay with A.C. Pavements, and A.B.; construction of new P.C.C. curb, gutters, sidewalk, ramps, driveways, alley intersection and local depressions; 8" P.C.C. Pavement over native; storm drain improvements, including 15" RCP, catch basins, manholes, and concrete collars; manholes, pull boxes & miscellaneous valve cans adjustment to grade; drought tolerant landscape and irrigation improvements for the 3 13 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Parking Lots; photometric studies & LED lighting improvements for the Parking Lots; Infiltration Planters; retaining wall construction; trash enclosure construction; traffic signing, striping & loop replacement, traffic control and temporary striping; construction survey; and Environmental Compliance (NPDES) and WQMP preparation and processing. The Magnolia North Parking Lot project also included extensive coordination and processing of an Agreement with LADWP for the development of the parking lot within a portion of LADWP right-of-way.
Client: CITY OF UPLAND 1370 N. Benson Avenue, Upland, CA 91786 Contact: Mr. Bob Critchfield, P.E., Engineering Manager, (909) 291-2946, critchfield(a,ci.unland.ca.us Project Cost: $5,300,000 Year of Completion: 2012
1. Foothill Boulevard Streetscape Improvement Project
The City of Upland selected Kabbara Engineering to prepare improvement plans, specifications and construction cost estimates for the widening and improvement of Foothill Boulevard (former State Route 66) from Central Avenue to Monte Vista Avenue. The project was federally funded with a matching HSIP grant and included field and aerial design survey, geotechnical investigation and report, provisions for Class II bike lanes, three (3) major traffic signal modifications including video detection, traffic signing and striping plans. Project also included new landscape medians, landscape and irrigation improvements, major RCP and RCB storm drain improvements, bridge widening, utility coordination, new 12" CML&C domestic water main and 8" recycled water main, and other miscellaneous improvements. Kabbara Engineering was responsible for the development of various pavement alternatives and recommendations for the project. This project also included review and upgrades for ADA compliance within the project limits and the detectable warning devices per Federal requirements on all curb ramps. Project included reconstruction of all damaged concrete curb, gutter, medians, driveways, and local depressions within the project limits. Project also included coordination with SCE for power pole relocations required for the proposed widening and preparation of legal descriptions and exhibits for R/W and easement acquisition.
Project Cost: $1,014,000
Year of Completion: 2011 (Design), TBD (Construction pending funding)
2. Downtown "C" Street Revitalization Project
The Kabbara Engineering design team prepared conceptual and final engineering design plans, specification and estimates for the revitalization and rehabilitation of three blocks of "C" Street in the Historical Downton Area of the City of Upland, California. This project consisted of narrowing the existing street to provide wider pedestrian oriented sidewalks and allow for angled on -street parking. The Kabbara Engineering team prepared detailed field survey of the project area, and worked closely with the City's planning and engineering departments to develop historically sensitive, fresh, and cost- effective landscape architecture and engineering design for this proposed expansion of the downtown development area. Kabbara Engineering was responsible for preparing geotechnical studies, construction plans, specifications and construction cost estimates for street and pavement reconstruction, including curb and sidewalk realignments, drainage improvements, landscaping planting, special hardscape and irrigation improvements, traffic control and construction phasing, traffic signing and striping, new water main improvements, including fire hydrant, meter and service upgrades, and conversion to and installation of a new City owned street lighting system. 14 ABBARA
ENGINEERING
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Client: CITY OF PICO RIVERA 6615 Passons Boulevard, Pico Rivera, CA 90660 Contact: Mr. Jose Loera, T.E., Assistant City Engineer/Traffic Engineer (now at City of South Gate), (323) 563-9578, iloeraasogate.org
Project Cost:
$1.4 Million Year of Completion: 2015
Whittier Boulevard Streetscape Project
The City of Pico Rivera selected the Kabbara Engineering Team, including NUVIS & WSI to prepare a traffic study, conceptual median alignments, and preliminary and final civil engineering design for the street, pavement and median improvements for Whittier Boulevard from Paramount Boulevard to the West City Limits at Van Norman Road (2,700
1.f.). The project was funded with federal STP -L and State Prop C funds, and Kabbara Engineering prepared, processed and obtained the PES, R/W Certification and E-76 form for the project's authorization to proceed with construction in compliance with Caltrans standards and requirements for federally funded projects. Kabbara Engineering performed field topographic survey, and prepared base maps, plans and profiles, cross sections, signing, striping & traffic control plans, geotechnical report, deflection testing, and pavement recommendations, utility coordination, specifications, cost estimates, and construction engineering support for this project. The proposed improvements included new raised median construction, ARHM pavement overlays, full depth pavement reconstruction, and repair of damaged curb and gutter, cross -gutters, driveways, sidewalks, and curb ramps, landscape planting and irrigation and street & underpass lighting PS&E for the beautification of the new and existing medians and parkways. Kabbara Engineering also processed and obtained a UPRR encroachment & right -of -entry permit for work within the Railroad R/W, including painting of the underpass walls and bridge abutments. Project was completed within budget and on -schedule.
Client:
Contact:
CITY OF COSTA MESA Public Services/Engineering, 77 Fair Drive, 4`h Floor, Costa Mesa, CA 92628
Mr. Raja Sethuraman, P.E., T.E., Director of Public Works, (714) 754-5032 rai a. sethuraman@,costamesaca. aov
Project Cost: $4,260,000 Year of Completion: 2018
Arlington Drive Bioswale & Dry Weather Diversion Project -ASCE 2018 ENVIRONMENTAL PROJECT OF THE YEAR AWARD. APWA 2018 B.E.S.T. PROJECT OF THE YEAR. & OCEC 2018 PROJECT
ACHIEVEMENT AWARD
The Kabbara Engineering Team narrowed the east end of Arlington Drive to one lane in each direction, allowing us to meet the funding transportation nexus and create a bioswale to treat the runoff by trapping the primary pollutants of concern (Cadmium, Copper, Lead, Zinc), promoting infiltration and reducing storm water runoff to the Upper 15 ABBARA
NGINEERING
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Newport Bay, an Environmentally Sensitive Area, and a high priority clean-up area, designated by the Santa Ana Regional Water Resources Control Board. The Kabbara Engineering Team effectively designed the new bioswale improvements to mitigate 100% of the tributary water quality flows, which included a complex series of flow splitting devices that were designed to capture and treat the water quality of "first -flush" surface runoff in the bioswale, while allowing larger flows to by-pass and enter the storm drain system during major storm events, all while meeting flood protection goals under both existing and future development conditions. In addition to the excellent water quality benefits, this project has resulted in numerous outstanding benefits to the community and their public agency partners, including traffic calming and implementation of the City's Bicycle Master Plan with 1 mile of a new off-street meandering and curb adjacent multi-purpose trail, landscape planting, irrigation, and pavement rehabilitation improvements which serve as safe public access to an adjacent college, high school, middle school, Tewinkle Sports Park, Volcom Skate Park, and the OC Fair. This project also resolved severe flooding issues with construction of a 54" RCP Master Planned storm drain system and improved safety and driveways to the OC Fair for bus and truck trailer access. Access to parks and schools was also improved by installation of a new mid -block traffic signal and 3 - way intersection stop to enhance pedestrian safety, and the addition of new diagonal on -street parking spaces to better serve the Parks. This $4.69 million project was delivered on -schedule and under -budget by the Kabbara Engineering design team and fulfilled its public commitment to enhancing water quality, flood protection, traffic safety, access and beautification.
16 Arlington Drive
Bioswale &
Dry Weather
Diversion
Project
AGENCY: City of Costa Mesa
irq
KABBARA
ENGINEERING
m
OCTA
ADDITIONAL PROJECT EXPERIENCE & REFERENCES
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Client: CITY OF BREA 1 Civic Center Plaza, Brea, CA 92821 Contact: Mr. Michael Ho, Director of Public Works/City Engineer, (714) 990-7657, michaelh(&,ci.brea.ca.us Project Cost: $3,524,000 Year of Completion: 2020
Project: Eagle Hills Tract Water & Street Improvement Project 7467 Kabbara Engineering was selected to prepare preliminary and final construction plans, specifications and opinions of probable construction costs for the Eagle Hills Tract Street and Water improvement project, as a part of their current On -Call Professional Engineering contract. Project included replacement and upgrade of 9,9351.f. of existing 6", 8" and 10" CIP water mains with new 8" and 10" PVC C900 Water main, 189 new copper water meters & services, DIP appurtenances, and pavement rehabilitation of the 11 residential streets impacted by the proposed trenching and construction. The Project also included updating the City of Brea's Standard Plans.
Client: CITY OF SOUTH PASADENA 1414 Mission Street, South Pasadena, CA 91030 Contact: Mr. Anteneh Tesfaye, Deputy Director of Public Works, (626) 460-6393, ATesfave(a,SouthPasadenaCA. gov
Project Cost: $3,630,800 Year of Completion: 2017
Project: FY 15/16 & 16/17 Monterey Road and El Centro Street & Water Improvement Project The Kabbara Engineering Team was selected by the City of South Pasadena to prepare construction PS&E, for the rehabilitation of Monterey Road (Phases 1 and 2) and El Centro Street. The proposed improvements included pavement rehabilitation, median reconstruction and re -alignment at Fair Oaks, and the removal and reconstruction of miscellaneous concrete improvements, traffic signing and re -striping, and traffic control. Also included the upgrade of existing water valves, water services, meters, fire hydrants and appurtenances, and design of Infiltration Planters and other sustainable materials into the project in conformance with the City's Green Streets Policy. Included special coordination with SCE for City owned street light relocations and installation of interconnect conduit and pull boxes for future traffic signal synchronization upgrades.
Client: CITY OF LA MIRADA 15515 Phoebe Avenue, La Mirada, California 90638 Contact: Mr. Mark Stowell, P.E., Director of Public Works, (562) 902-2371, [email protected] Project Cost: $7.9 Million Year of Completion: 2017
Measure I, Phase 3 Residential Street & Storm Drain Improvement Project Kabbara Engineering currently provides On -Call Professional Engineering Services to the City of La Mirada, and was selected by the City to prepare PS&E for the rehabilitation and repair of 16 miles of residential and collector streets, including 64 streets at various locations throughout the City of La Mirada as funded by the local Measure I tax measure. Construction costs were estimated at 7.9 million dollars. A major master plan storm drain main line and catch basin improvements, including extensive hydrology and hydraulic calculations for both Los Angeles and Orange County hydrology models, per a U.S. Army Corps of Engineers study was also included as part of this project, along with CCTV inspection and design details and specifications for slip -lining of existing CMP storm drain mains and laterals within the project limits.
Client: CITY OF POMONA 505 South Garey Avenue, Pomona, CA 91766 Contact: Mr. Rene Guerrero, P.E., Director of Public Works (909) 620-2440, Rene [email protected] Project Cost: $1.7 Million Year of Completion: 2018
Major Street Rehabilitation Garey Avenue Bulbouts, Project No. 428-68548 FY 13/14- FY 15/16 APWA 2018 BEST PROJECT OF THE YEAR AWARD
Kabbara Engineering designed 4 major intersections on Garey Avenue, including Foothill Boulevard, Alvarado Street, Bonita Avenue and Arrow Highway, as a part of the major rehabilitation of Garey Avenue within the City limits. The project included a traffic study and the addition of bulbouts at each intersection, pavement rehabilitation, traffic signal modifications and upgrades, utility adjustments and relocations, PCC improvements, landscape planting and irrigation and traffic signing and striping, new bike lanes through each intersection and Caltrans permit coordination. 17 ABBARA
NGINEERING
4. PROJECT UNDERSTANDING & APPROACH
Proi ect Understanding
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
This project consists of the design and preparation of construction plans, specifications and estimates for the Old Town Placentia Streetscape Improvement Project. The project is located in the Old Town District of the City of Placentia, County of Orange, State of California, generally located east of the 1-57 freeway, south of Chapman Avenue, west of Bradford Avenue and north of the BNSF Railroad tracks.
The project limits are described as follows:
r
Project Limits (Revised
11-15-22)
Street Name
Santa Fe Avenue
Bradford Avenue
Walnut Avenue
Melrose Street
Main Street
Center Street
Aguirre Lane/Alley
Parking Lot "A"
Melrose Plaza & Alley
Limits From
Murray Street
Santa Fe Avenue
150' South of Sante Fe
Avenue
Santa Fe Avenue
Metro Link Parking Lot
Aguirre Lane
Santa Fe Avenue
Between Santa Fe
Avenue & Aguirre
Lane
Southeast Corner of
Melrose Street & Santa
Fe Avenue & from
Melrose Street
Limits To
Main Street 1,000
Chapman Avenue 1,220
Approx. Length 0.1)
150' North of Santa Fe
Avenue 300
Aguirre Lane 100
Aguirre Lane 350
Alley 150' East of
Bradford Avenue 330
Bradford Avenue 1,140
Between Aguirre Lane
& Melrose Street 130
Alley Limits to Main
Street 450
TOTAL: 5,020 1.f.
The Santa Fe Avenue alley parking lot along the south side of Santa Fe Avenue and adjacent to the BNSF railroad right-of-way from Bradford Avenue to Main Street, is not a part of this project, and will be designed and built when the future planned Placentia Metrolink Station is constructed. No work on Chapman Avenue between Aguirre Lane and Anned Drive is included herewith, per City staff's direction. The design of Santa Fe Avenue from Bradford Avenue to Main Street (3401.f.) has also been excluded from the project scope, with the exception of the field survey and topographic base map preparation, which are included as requested by City staff.
Our research and review of the project streets indicates that the posted speed limit is typically 25 mph and none of the streets appear to be existing bus routes
The project area serves a combination of single family, multi -family, church, fire station, commercial, retail and restaurant uses. On -street parking appears to be allowed on both sides of the street in residential locations, and is restricted with red curb in other commercial locations. 18 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
The project street is generally a fully improved roadway with asphalt and special stamped concrete pavements, medians, curbs, gutters, street lights, driveways, curb ramps, catch basins, manholes, valves, and other miscellaneous improvements.
The proposed improvements within the project limits identified above, include all items identified in the Old Town Placentia Streetscape Master Plan, as adopted by City Council in 2017. The improvements identified for this project, by the Master Plan, generally include the following elements:
• Reconstruct/narrow the roadway width to be consistent as possible, converting unused roadway to sidewalk and creating new wider sidewalks.
• Addition of dedicated (Class II) bike lanes.
• Provide enhanced parallel curb -side parking on -street, with pervious interlocking pavers • Add new curb extensions at most corners and at midblock locations, where appropriate. • Plant trees in new tree wells with grates, tree guards and automatic irrigation. • Install new LED street, pedestrian and parking lot lighting systems with banners. • Provide new pedestrian and bicycle amenities, including street furniture, monument signs, decorative pavements and new landscape improvements.
• Provide enhanced paving at intersections, crosswalks, and new scored PCC pavement for alleys and sidewalks, and new PCC pavement for parking lots.
All proposed improvements are anticipated to remain within the existing public right-of-way and no R/W acquisition is anticipated herewith.
The project includes preparation of plans, specifications and estimates (PS&E) suitable for bidding and award of a formal Unit Price public works construction project.
Geotechnical
We anticipate that a geotechnical report will be required for this project, in order to evaluate existing roadway and subgrade characteristics, and to provide all feasible AC and PCC pavement recommendations for the project roadways, alleys and parking lots. We anticipate that a minimum 20 -year design life will be utilized for the pavement structural section design, and that the City of Placentia will provide the Traffic Indices for each street and alley, as required for design purposes.
In order to achieve environmental compliance with City's "Green" design policies, including implementation of the permeable pavement areas as outlined in the Old Town Placentia Streetscape Master Plan, we have also included infiltration testing, infiltration rate recommendations, and an evaluation of existing historical groundwater in the area, as required for LID design purposes. It should be noted that infiltration is generally not allowed when groundwater conditions are at 10 -feet or less below existing ground elevations.
A brief visual observation indicates that the majority of existing pavement is experiencing moderate to severe pavement failure in certain areas including large lateral and longitudinal cracks, block type cracking, rutting, areas of exposed aggregates, spalling, potholes, and large areas of severe alligatoring. There are also visible signs of utility trenching and patching.
19 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
We anticipate that some total and localized reconstruction of failed pavement sections, subject to the recommendations or results of the geotechnical investigation, will be required, and that some sections of the project roadway section may be candidates for cold milling and overlay with an AC level course or pavement reinforcing fabric and ARHM cap to address and mitigate reflexive cracking.
Pavement alternatives, including preliminary opinions of probable construction costs, for all feasible rehabilitation methods, including use of recycled materials, will be evaluated as a part of this project, and the most cost-effective alternative will be recommended per the Preliminary Design Report.
Storm Drain Infrastructure
Our review of the existing City of Placentia Master Plan of Drainage Facilities Diagram, indicates that the project area is within the southern half of Drainage Area "A". The project area generally flows in the southwesterly direction, and is tributary Orange County Flood Control District Facility No. BOIS03, located on west side of the I-57 freeway. With the exception of the intersection of Santa Fe Avenue and Murray Street, existing City storm drain facilities are located outside of the project limits and consist of 27"-72" RCP and some CMP arch sections. Our field review indicates that there is also a newer storm drain system in Melrose Avenue with 2 existing catch basins at Santa Fe, that appear to serve the new underpass southerly at the railroad crossing. The existing Master Plan of Drainage and County storm drain facility maps do not show this new system, and the Master Plan and County facility maps both call for the upgrade and replacement of existing facilities in Walnut Avenue from Ramona Street northerly to the existing headwall and culvert inlet in Kraemer Park on the northeast corner of Chapman Avenue and Walnut Avenue. Due to existing topographic constraints in the area, we anticipate that it may also be necessary to extend the new storm drain improvements in Walnut Avenue to Santa Fe Avenue and Santa Barbara Street within our project limits. However, the City is currently in the process of updating their Master Plan of Drainage, so the final limits of the new proposed Master Plan upgrades are unknown at this time. The design of new Storm drain improvements, including Hydrology (if required) and Hydraulics/pipe & catch basin sizing analyses of the proposed system in the area, and Street Capacity Analyses, are available as Optional Services, upon City request, and are not included herewith.
Street & Pedestrian Lighting
The preparation of PS&E for the installation of new LED luminaires, street, pedestrian and parking lot lights and circuitry (as needed), within the project limits, with a lighting photometric study for design purposes, is included in our scope of work. Outlet receptacles are included in the tops of each street light pole, per City staff's confirmation. Therefore, the design of outlet receptacles at each tree well for special lighting purposes, not included herewith but is available as an Optional Service.
Structural engineering design for custom street, pedestrian, parking lot light pole and street name sign foundations and parking meter foundations, including wind load considerations associated with new banner installations, is not included herewith, and foundation designs and details for bidding and construction will be provided by the City of Placentia, as directed by City staff.
Street lights are currently owned and operated by SCE, and we anticipate that the existing circuits may be adequate to serve the new LED lighting system, which will be more energy efficient. We anticipate that new service connections will need to be coordinated with SCE as a part of this project. SCE requires that all street light poles and fixtures, conductors and service connections be designed and installed by SCE preferred contractors and that all new street light foundations, conduits and pull boxes will be installed by the City's contractor as a part of this project. 20 Landscape & Irrigation
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
The Kabbara Engineering Team will provide all parkway and median landscape and irrigation improvements and gateway design elements in an effort to promote ecosystem health and urban resilience. Sustainable design elements may include a variety of drought resistant plant materials, a high efficiency irrigation system and recycled elements where feasible. The project design also includes implementation of new street trees, plantings and site furnishings (benches, bike racks, trash cans, tree guards, tables, bollards, etc.) and special paving as required per the Master Plan.
We anticipate that new irrigation meters and service connections will be required to serve the new street trees and planting areas within the project limits, and provisions for these new services, including sizes and locations, will be coordinated with the City's water purveyor, the Golden State Water Company, as required for construction.
Traffic Signal, Signing & Striping
The Old Town Placentia Streetscape Master Plan includes the conversion of Bradford Avenue, from Center Street, from a 2 -way to a 1 -way street southbound, with a 2 -way bike lane on the west side of the street. We understand that the City Council may provide future direction to permanently close Santa Fe Avenue to all traffic, between Bradford and Main, or to convert Santa Fe Avenue, from Bradford Avenue to Main Street, from a 2 -way to a 1 -way street westbound, with a 2 -way Class II bike lane on the north side of the street, and the implementation of that design effort is available as an Optional Service, upon City request.
City staff has confirmed that no improvements or curb extensions, or traffic signal modifications are proposed for Chapman Avenue at the intersection of Bradford Avenue.
Traffic signing and striping plans are included for the new streets, crosswalks, street and alley parking stalls, bicycle lanes, parking lots, median edge striping and RPM's, as required per current CA MUTCD requirements.
We anticipate that all existing traffic striping impacted by the proposed construction will be replaced with new thermoplastic striping, in conformance with current MUTCD requirements.
Parking
Implementation of the Master Plan includes improvements to the existing parking lot with diagonal stalls located between Santa Fe Avenue, Aguirre Lane and Melrose Street, improvement of perpendicular parking stalls located on Aguirre Lane, and parallel on -street parking within the alley south of Santa Fe Avenue between Main Street and Melrose Street, within the project limits. We anticipate that these parking areas will be improved with new concrete paving, new landscape planting, irrigation, parking lot lighting and parking meter installations. On -street parallel parking stalls are also being provided on all project streets, as indicated in the Master Plan, and on -street parking will be maintained on those streets where no roadway narrowing is planned.
The evaluation and implementation of a new smart parking and/or EV Charging system for this project, is Not included our scope of work, per City staff's direction.
Green Streets
Green Streets design techniques will be incorporated wherever feasible into the design of this project, and an infiltration study is included in the geotechnical investigation proposed for this project. Examples of Complete Green Streets design techniques may include the following elements:
• Pedestrian Scale Improvements
• Water Conservation
• Street Calming
21 • Bicycle Lanes
• Transit Amenity Improvements
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Water quality can be improved by reducing the quantity of water entering the existing storm drain system by using "Green Street" design techniques, such as bio -infiltration, detention, infiltration, and porous/permeable pavements and possible structural Best Management Practices (BMP's) such as screens and filters (ARS, CPS, etc.) to prevent large wastes from entering the system.
Utilities
Special attention must be paid to the existing depth of the utilities and the amount of cover shown on existing as -built plans. This will impact the design depth of the proposed structural section, subgrade treatments, and the pavement alternates.
Special coordination will also be required in areas where curb extensions and/or roadway narrowing is proposed to determine if existing utility conflicts can be relocated and/or resolved.
An organized and thorough utility research, supplemented by our field survey of surface utilities, is required to identify potential conflicts, provide accurate design solutions and to avoid costly delays during construction. Plotting of underground utilities per as -built maps provided by the various impacted utilities, is included in our scope.
Due to the anticipated lack of existing utility as-builts in older downtown areas, we recommend that the City contact USA/Dig Alert to mark out the project area, prior to project start, so that these marks can be field located by our survey crew during the topographic field survey work effort. Potholing of existing utilities within the project limits, if required, is available as an Optional Service, upon request.
Our field review of the existing street indicates that there are numerous surface and underground utilities and facilities located within the existing traveled roadway, alley, sidewalk and ramp areas. These facilities include sewer, water, gas, telephone, fire hydrants, catch basins, street light poles, manholes, water valves, utility vaults and pedestals, and street signs.
The locations and/or relocations and adjustments of all existing facilities impacted by the project will be incorporated into the final design plans and specifications.
Kabbara Engineering is familiar with the requirements and restrictions of the other agencies involved in this project, including Golden State Water Company, BNSF, OCFCD, AT&T, Verizon, SCG and SCE, and has included coordination with these agencies, as required for the various utility relocations and installations included in this project.
Accessibility
Handicap accessibility per Federal Americans with Disabilities Act (ADA) and State Title 24 requirements, will be incorporated into the design of all sidewalks, driveways, crosswalks, and curb ramps within the project limits.
We anticipate that all ramps, driveways, sidewalks and crosswalks will need to be reconstructed to be in compliance with current ADA requirements for slopes, landings, grooving and detectable warning devices, which are now required on ramp surfaces and at landings adjacent to vehicular travel ways. Pavement resurfacing methods will also need to reflect ADA requirements eliminating any change of grade at the lip of curb or gutter (due to past overlays) within the designated crosswalk areas or ADA paths of travel. The feasibility of upgrading all existing curb ramps, sidewalks and driveways to conform with federal ADA accessibility guidelines, and the effects on private properties will be evaluated during the preliminary design phase of this project. 22 Surface Drainage
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
We anticipate that the majority of curb & gutter, sidewalks and handicap ramps will be reconstructed as a part of this project. Any damaged curb and gutter scheduled to remain will also be reconstructed as a part of this project. The existing v -gutters in the Aguirre Lane alleys are in generally good condition, and the feasibility of incorporating and maintaining surface drainage within these v -gutters with the installation of the new PCC concrete pavement with diamond pattern score lines, will be evaluated during the preliminary design phase of this project. The feasibility of constructing these new curbs, gutters, cross gutters and sidewalks will be analyzed and considered as a part of the preliminary design for the project.
Since the longitudinal slope of the project streets and alleys is very flat, we recommend and included detailed field and topographic survey with cross sections at 25 -foot intervals, as required for design purposes. City drainage and roadway surface crossfall considerations will likely control pavement rehabilitation alternatives for these project streets. We anticipate that total reconstruction of the roadway will be required at intersection where curb extensions are proposed, and where roadway narrowing is required and where existing subgrade failure is evident and pavement conditions are poor. Special attention will also be given to the design of street cross sections to ensure that any proposed header cuts do not fall within the travel lanes and that mild street crossfalls (5% max.) are maintained within the parking lanes, as required for safe ingress and egress.
Traffic Control & Construction Phasing
An effective Traffic Control and Construction Phasing plan will be critical to the success of this project in terms of budget, schedule and inconvenience to the existing residents, businesses and the traveling public. We anticipate that City traffic lane requirements will dictate that construction traffic detouring shall provide for continuous driveway and pedestrian access during construction and a minimum of one travel lane in each direction at all times.
To lessen the impact on existing businesses and residents during construction, we anticipate that high -early strength concrete will be specified for the reconstruction of all driveways and cross gutters within the project limits.
We anticipate that traffic control requirements will be included in the project specifications for construction purposes, and that the selected contractor will prepare the project traffic control and construction phasing plans for City approval prior to construction. The preparation of traffic control and construction phasing plans is available as an Optional Service, if required by the City of Placentia for this project.
Due to the high traffic usages and the anticipated traffic lane requirements, the roadway must be restored or base - paved at the end of each day. To meet the traffic lane requirements, the only feasible pavement section is with full depth AC or some other similar measures. Maintaining access to businesses and residents will require temporary backfilling and paving in areas where full depth pavement replacement is proposed.
NPDES Compliance
In conformance with NPDES requirements, we anticipate that if this proposed maintenance project results in ground disturbance of 1 acre or more, the contractor will be required to prepare, file and implement a Storm Water Pollution Prevention plan and required BMP's as part of the project construction contract, and details and requirements for the SWPPP will be included in the project specifications for the contractor's use. Preparation of and SWPPP is not included in our scope herewith, but is available as an Optional Service, if required. 23 Construction Costs
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
In addition to the required cost estimates at the Preliminary and Final Design project milestones, Kabbara Engineering will also evaluate all viable pavement alternatives for the project, per the recommendations of the geotechnical investigation. This evaluation will allow the City to consider the cost and feasibility of all viable pavement alternatives, including the latest developments in pavement technology, constructability, phasing and access management, so that the most effective design can be utilized for the project.
Kabbara Engineering also includes is a review of all Opinions of Probable Construction Costs by a designated external Construction Estimator, and comparison of actual recent bid costs on similar projects in the area. These proven steps will help to ensure that the City receives construction bids that are within budget and very close the final Engineer's Estimate.
Scone of Work
The following scope of work is based on our project understanding and approach above, including the following sheet estimates and descriptions:
Plan Description (Revised) Scale Estimated No. of
Sheets
Title Sheet, including General Notes, Sheet Index & Vicinity Varies 1 Map
Street Detail Sheet, including Typical Sections, Construction Varies 2 Notes & Miscellaneous Construction Details
Street Improvement Plans & Profiles* 1"=20'(H), 1"=2'(V) 16 Traffic Signing & Striping Plans 1"=40' 7
Traffic Signing & Striping Details, Striping General Notes & Varies 1 Construction Notes
Cross Section Plans (for review, not to be included in bid set) 1"-20'(H), 1 "=2 (V) 24 Precise Grading Plan- Parking Lot "A" (plan view only) 1 "=20' 1 Precise Grading Plan — Melrose Plaza (plan view only) 1 "=20' 1 Street Lighting & Electrical Plans 1"=40' 5
Landscape & Irrigation Plans 1"=20' & Varies 53
TOTAL NO. OF SHEETS (Estimated) 111
*20 scale recommended for constructability/ease of construction In an effort to expedite and maintain the City's schedule, we have developed a work plan outlining the following required steps necessary to complete this project:
Task 1: Project Management, Meetings & Task Effort
1. Prepare and maintain a project design schedule, including monthly updates.
2. Perform project management including preparation of monthly invoicing and status reports, with progress metrics, outstanding issues, accomplishments, action items and upcoming milestones and events.
3. Organize and attend 1 Kick-off Meeting to confirm City goals, design parameters and schedule for the project, and 4 progress meetings with City staff for design review and coordination purposes at project submittal milestones. Includes preparation of agenda and minutes for each meeting (total 5 meetings). 24 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Task 2: Preliminary Engineering Design (35% Plans & Estimate)
1. Research & Review Existing Documents: Analyze the project and research, compile and review all available documents, as -built plans, maps, reports, etc., provided by the City of Placentia, obtain and review all necessary documents and maps (as required) from the County of Orange.
2. Utility Coordination: Notify all affected public utility companies, governmental agencies, sanitary and water districts using City of Placentia utility coordination procedures, and identify existing facilities using record documents and atlas maps provided by the various utility companies. Includes 3 notifications via email or priority mail, including 1 pdf set of construction plans with the final notifications. Prepare a Utility Notification Log to track utility company contacts and responses. Utility Notification Log and copies of all correspondence will be provided to the City with Final Plan submittal. Assumes initial notifications will be drafted by the KE Team and prepared and sent out on City letterhead with City authorization letters, or by City staff as required by the various utilities.
3. Geotechnical Investigation & Report (bv Atlas Technical Consultants LLC (Atlas) - Subconsultants):
Perform a geotechnical investigation and prepare a pavement investigation to assess the existing pavement section, subgrade conditions, infiltration characteristics, and provide pavement rehabilitation recommendations. Our services will consist of performing a subsurface evaluation, field testing, laboratory testing, and engineering analysis, described as follows:
Preparing and submitting traffic control plans for the explorations Obtaining a no fee encroachment permit from the City of Placentia Providing traffic control while performing fieldwork
Coring the existing pavement to assess existing sections. The cores will be patched with Aquaphalt, concrete, or a similar product.
Excavating 8 borings to a depth of about 3 feet below pavement or refusal using hand -tools. The approximate proposed locations are shown in the exhibit below. The exact locations will be negotiated with the City and nearby property owners to reduce impact to residents. An Atlas engineer or geologist will log the cores and obtain subgrade soil samples for examination and laboratory testing.
Performing percolation testing in 6 boreholes not subject to overnight traffic. Test borings will be backfilled and patched appropriately.
Performing laboratory testing on subgrade samples from borings for soil classifications and to evaluate the pavement support characteristics of subgrade materials Preparing a draft and final illustrated written report complete with field and laboratory data, boring locations, infiltration rate design recommendations, groundwater discussion, earthwork recommendations, trench backfill recommendations, pavement structural sections, and pavement rehabilitation recommendations as appropriate, including feasible Full -Depth Asphalt Concrete, Asphalt Concrete, Asphalt Rubber Hot Mix -gap graded, and Portland Cement Concrete alternatives for both 10- and 20 -year design life.
4. Field Topographic Survey (by Subconsultants): Perform field survey of the project streets, alleys, parking lot and plaza areas within the revised project limits, with the addition of Santa Fe Avenue from Bradford to Main Street (approx. 5,3601.f.) to identify existing surface topographic features and improvements from 10' beyond R/W to R/W as required for joins, and to provide cross sections at 25 -foot intervals including elevations of doorways/join lines, top of curb, gutter flowline, lip of gutter, finished surface at centerline, lane lines, EG, EP, FS at back of sidewalk, driveways, cross gutters, curb returns, ramps and all angle points and grade breaks as required for design purposes. Includes dips on manholes and catch basins, as required. Locate and identify horizontal and vertical control used (County benchmark). Research of survey records with the City and the County Surveyor's office.
25 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
5. Topographic Base Plans: Prepare Topographic Base Plans using computer aided drafting, existing record data, and the results of the field topographic survey data (AutoCAD C3D 2021). Plot existing record underground and surface utilities, record rights-of-way, record property lines, addresses, and site-specific topographic features required for design at (H) 1"=20' scale, for the project streets, alleys, parking lot and plaza areas within the revised project limits and including Santa Fe Avenue (from Bradford to Main Street), on City of Placentia Standard Title Block Sheets.
6. Field Walk: Perform a field review of project with City staff (if required) to verify results of the field survey and to identify special conditions and conflicts, as required for design purposes, and to locate and mark removals, as required to ensure the accuracy of the plans.
7. Preliminary Alignment Plan: Prepare Preliminary Alignment Plan (plan view only) for City review and approval, utilizing AutoCAD C3D 2021 and the completed Base Map at (H) 1"=20' scale, on City of Placentia Standard Title Block Sheets. Preliminary Alignment Plans will indicate the proposed layout and alignment of new curb extensions, new striping, bike lane and travel lane configurations, and existing and proposed on - street and parking lot parking counts within the revised project limits. Chapman Avenue and Santa Fe Avenue from Bradford to Main, are specifically excluded herewith per City staff's direction.
8. Photometric Study & Preliminary Lighting Layout (by GTS-subconsultants): Preliminary Lighting Layout plans (1"=40') will be prepared for the project streets, alleys and parking lot for all street light and pedestrian light and parking lot light locations within the revised project limits, and will include lighting photometric/illuminance calculations to ensure proper spacing, height, and coverage of light. We assume the City will provide input on the type of luminaires and fixtures based on which the photometric study will be done.
9. Preliminary Landscape Plan (bv NUVIS- subconsultants): NUVIS assumes that the Master Plan as approved by the City will be the concept from which final plans are produced, and Preliminary Plan Refinement is specifically excluded herewith. NUVIS will begin preparing Design Document level plans in AutoCAD which includes refining the concept design in coordination with the civil, traffic and electrical engineering improvements. Plans will be prepared on 24"x36" sheets at a scale of 1"=20', conforming to all local, state, and federal requirements and guidelines. NUVIS anticipates preparing plans for: Construction (hardscape, site furniture, amenities, signage), Irrigation and Planting. It is assumed the fountain in the plaza adjacent Melrose and Santa Fe, Gateway structures, Chapman Avenue improvements and Santa Fe (from Bradford to Main) will not be included in the project scope herewith.
10. Preliminary Design Report: Prepare 1 Preliminary Design Report showing all pavement alternatives with cost comparisons and recommendations per the geotechnical findings and report. Meet with City to review and discuss Preliminary Design Report and obtain City approval of recommended pavement section design alternatives for the Project.
11. Preliminary Opinion of Probable Construction Costs (35%): Prepare Preliminary Quantity Calculations and Opinion of Probable Cost for the Project based on the 35% design effort, using Microsoft Excel.
Task 3: Preliminary Improvement Plans (65% PS&E)
1. Street Improvement Plans & Profiles (65%): Prepare one set of preliminary street improvement plans, including profiles as needed for the curb and gutter, pavement and other miscellaneous improvements. The plans shall show the pavement reconstruction and overlay limits, limits of removals, parkway repair limits, PCC curb and gutter, cross gutter, driveway, sidewalk and ramp repair per ADA requirements, resetting of centerline ties and monumentation, and all required miscellaneous improvements. Includes construction notes, bid item numbers, typical sections, and details, where required. Traffic control plans and separate 26 Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
enlarged details for each ramp are not included herewith, and are available as optional services if required by the City. Limits of removals shall be shown on the street improvement plans, and separate Demolition plans are available as Optional services, if required.
2. Traffic Signing & Striping Plans (65%): Prepare preliminary traffic signing and striping plans as required for the Project streets, alleys, parking lot. Signing and pavement delineation plans will be prepared as necessary on double plan sheets at a scale of 1 "=40'(H) scale. The pavement delineation will show new traffic and bicycle lane configurations, cross walks, parking stalls, parking tees, and replacing all existing traffic stripes, markings and legends which are obliterated or disturbed during the construction process.
3. Cross Section Plans: Prepare preliminary cross sections at 25 -foot intervals for each project street and alley, within the project limits at 1 "=20'(H), 1 "=2'(V) scale showing existing and proposed improvements and cross - fall gradients. Cross Section plans are included for City design review and coordination purposes, and will not be included in the bid package for construction purposes.
4. Parking Lot "A" Precise Grading Plan (65%): Prepare one (1) Precise Grading & Paving Plan for the proposed parking lot "A" per the approved 35% Alignment plans, at (H) 1 "= 20' scale, plan view only, using AutoCAD C3D 20121, on City of Placentia Standard Title Block Sheets. Includes parking lot pavement, curb, gutters, planters, handicap parking & access, parking lot striping, surface and area drain system and utility adjustments/relocations. Includes plan check revisions, construction notes, typical sections, details and quantities.
5. Melrose Plaza Precise Grading Plan (65%): Prepare one (1) Precise Grading & Paving Plan for the proposed Melrose Plaza area per the City approved 35% plans, at (H) 1 "= 20' scale, plan view only, using AutoCAD C3D 2021, on City of Placentia Standard Title Block Sheets. Includes plaza pavement, planters, handicap access, surface and area drain system and utility adjustments/relocations. Also includes plan check revisions, construction notes, typical sections, details and quantities.
6. Landscape & Irrigation Plans (65%) (by NUVIS-subconsultants): Prepare 65% landscape and irrigation plans and details for the project in AutoCAD, at 20 scale including Construction (hardscape, site furniture, amenities, signage), Irrigation and Planting.
7. Street Light and Electrical Plans (65%) (bv GTS-subconsultants): Provide construction plans (65%) detailing street lights/pedestrian lights occurring in the sidewalk/parkway zone. This will include the necessary notes, legends, details, and plan views. Includes design the electrical power system connecting all street lights to meters and cabinets. This includes load calculations and coordination with SCE for power sourcing and metering. The electrical/street lighting design will include circuitry and conduits from light to power source from SCE as well as pull boxes, cabinets, meters, and all internal systems in cabinet.
8. Preliminary Specifications: Prepare 1 set of preliminary specifications in City of Placentia format, including all City required attachments and bid proposal.
9. Preliminary (65%1 Opinion of Probable Construction Costs: Prepare Preliminary Quantity Calculations and Opinion of Probable Cost (65%) for the Project, using Microsoft Excel.
10. Submit 2 sets of prints (hard copies) and 1 digital copy (pdf) of 65% improvement plans, specifications & cost estimates and draft geotechnical report, to City for review and comments. 27 Task 4: Final Design (100% Bid Set) PS&E
Proposal for
Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
1. Revise and prepare Final Streetscape Construction Bid Package, including Plans, Specifications and Estimates.
2. Revise and prepare Final Geotechnical Report for the Project.
3. Submit 2 sets of prints (hard copies) and 1 digital copy (pdf) of 100% improvement plans, specifications & cost estimates and final geotechnical report, to City for review and approval.
4. Revise and plot Final Bid Set Streetscape Improvement Plans, Specifications and Estimate.
5. Submit 100% Bid ready Improvement Plans, Specifications and Cost Estimate to City in digital format on a flash drive (pdf), for final approval. Specifications and estimates shall be submitted on flash drive or emailed digital copy, using Microsoft Word and Excel. Final Geotechnical Report shall be submitted in pdf format.
Task 5: Bidding & Construction Engineering Support Services (Hourly Estimate)
1. Perform Bidding & Construction Engineering Support Services, including pre-bid meeting attendance (if required), written response to bidder's questions, bid tabulations, construction coordination, review of contractor's submittals, written clarification of plans and specifications, preparation of addenda, written responses to RFI's and other meeting or site visit attendance with City staff, other agencies and or the public as requested by the City (Hourly Estimate).
2. Prepare As-builts based on City provided contractor's redlines, and submit to City in pdf format (Hourly Estimate).
OPTIONAL SERVICES (Upon Request)
Storm Drain PS&E
Street Capacity Analysis
Traffic Studies/Counts
Separate Enlarged Details for Each Ramp
Potholing
Legal Descriptions & Exhibits for TCE's
Railroad Permit Processing & Coordination
Smart Parking System PS&E
Gateway & Plaza Fountain Design
Aerial Topography
Additional Geotechnical Borings
28 Hydrology & Hydraulics
EV Charging Station PS&E
Traffic Control & Construction Phasing Plans
Demolition Plan
Gateway Arch Signing & Foundation Design
Erosion Control Plans/Water Quality Management Plan/SWPPP Color Orthophotos
Traffic Signal Modification PS&E
Structural Engineering Design, PS&E for foundations, etal.
PS&E Design of Santa Fe Avenue (from Bradford to Main)
PROJECT MANAGER: LUIS ESTEVEZ
ID Task Name
1 KICKOFF MEETING
5. SCHEDULE
for
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
CONSULTANT: KABBARA ENGINEERING
2 RESEARCH & REVIEW EXISTING DOCUMENTS,
PLANS & MAPS
3 UTILITY COORDINATION
4 FIELD SURVEY TO SET AERIAL TARGETS
5 AERIAL MAPPING
6 FIELD TOPOGRAPHIC SURVEY
7 GEOTECHNICAL INVESTIGATION & REPORT
8 TOPOGRAPHIC BASE MAP
9 PRELIMINARY 35% ALIGNMENT PLAN
10 PRELIMINARY DESIGN REPORT & 35% ESTIMATES
11 SUBMIT 35% PLANS & ESTIMATES TO CITY
12 CITY REVIEW OF 35% PLANS
13 65% PS&E
14 SUBMIT 65% PS&E TO CITY
15 CITY REVIEW OF 65% PS&E
16 100% PS&E
17 CITY REVIEW OF 100% PS&E
18 FINAL PS&E
19 DELIVER FINAL PS&E TO CITY FOR APPROVAL
20 SCE DESIGN (BY SCE FORCES)
NAME/ACCOUNT/BUDGET
Old Town Placentia Streetscape / $TBD
Old Town Placentia Streetscape Schedule-R1.mpp
Duration
1 day
10 days
60 days
5 days
14 days
30 days
30 days
10 days
40 days
10 days
1 day
2 days
45 days
1 day
5 days
20 days
5 days
10 days
1 day
6 mons
Start
Finish
Wed 12/7/22 Wed 12/7/22
Thu 12/8/22 Wed 12/21/22
Thu 12/22/22
Thu 12/22/22
Thu 1/5/23
Thu 1/5/23
Thu 12/22/22
Thu 2/16/23
Thu 3/2/23
Thu 4/27/23
Thu 5/11/23
Fri 5/12/23
Tue 5/16/23
Tue 7/18/23
Wed 7/19/23
Wed 7/26/23
Wed 8/23/23
Wed 8/30/23
Wed 9/13/23
Tue 7/18/23
Task
Critical Task
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Wed 3/22/23
Wed 1/4/23
Tue 1/24/23
Wed 2/15/23
Wed 2/8/23
Wed 3/1/23
Wed 4/26/23
Wed 5/10/23
Thu 5/11/23
Mon 5/15/23
Mon 7/17/23
Tue 7/18/23
Tue 7/25/23
Tue 8/22/23
Tue 8/29/23
Tue 9/12/23
Wed 9/13/23
Mon 1/1/24
PAGE 30 of 30
Qtr 4
1. /7
Qtr 1
2023
Qtr 2 Qtr 3 Qtr 4
Inactive Milestone
Inactive Summary
Manual Task
Duration -only
Manual Summary Rollup
Manual Summary
Start -only
Finish -only
External Tasks
External Milestone ■
Progress
7/18
9/13
Qtr 1
Tue 11/29/22
KABBARA
FNGINEERING
4 CIVIL ENGINEERING
LAND SURVEYING
RIGHT-OF-WAYS
TRANSIT PROJECTS
ROADWAYS
PAVEMENT REHAB
REALIGNMENTS
WIDENINGS
TRAFFIC CALMING
FLOOD CONTROL
DRAINAGE
HYDROLOGY
PLANNING
SPECIFICATIONS
f 1
r
1 1
1 1
r
CEn1TER S T 1
1 I
h 1
0 1r
ce ..-...1
—'— AGORRE 1N -11
�
/ — ---f``-'--. 11
I
..
c
I z
r y
sr I
co i
, . BaKER 5T
/
OLD TOWN LIMITS
1 I.-
54NT,i FEvE.
0 0
Lk
w
0 4 r
1 www.kabbara.net
KABBARA
ENGINEERING
November 15, 2022
Fee Proposal for Professional Engineering Design Services Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Attention: Mr. Luis Estevez, Deputy City Administrator
Subject: Revised Fee Proposal for Professional Engineering Design Services for Old Town Placentia Streetscape Improvement Project
Dear Mr. Estevez:
Attached herewith for your review and consideration is our Revised Fee Proposal for Professional Engineering Design Services for the preparation of construction plans, specifications and estimates (PS&E) per the Scope of Work included in our technical proposal and our detailed man-hour fee schedule attached herewith, for the Old Town Placentia Streetscape Improvement Project in the City of Placentia.
Our revised fee proposal for the subject project, including the required subconsultant fees, is as follows:
FOld Town acen is reetscape Improvement PjectIM/115111111ee Design Phase:
Kabbara Engineering $326,840.00
Nuvis (Landscape Architecture Subconsultant)* $162,236.00 General Technologies and Solutions Inc. (Lighting/Electrical Subconsultant)* $55,517.00 OnPoint Land Surveying Inc. (Field Survey Subconsultant)* $29,568.00 Atlas Technical Consultants LLC (Geotechnical Subconsultant)* $21,560.00 Subtotal Design Phase:
$595,721.00
Bidding Assistance & Construction Support (Hourly Estimate):
Kabbara Engineering $15,600.00
Nuvis (Landscape Architecture Subconsultant)* $9,980.00 General Technologies and Solutions Inc. (Traffic/Electrical Subconsultant)* $7,117.00 Subtotal Bidding & Construction Phase:
$32,697.00
$628,418.00
TOTAL FEE PROPOSAL:
*includes 10% Administrative Charge on Subconsultant Fees 1 ABBARA
NGINEERING
Fee Proposal for Professional Engineering Design Services Old Town Placentia Streetscape Improvement Project
September 8, 2022 (revised 11-15-22)
Please note that payment of any required permit or application fees, or utility/ agency fees for research or materials, is not included herewith and will be considered to be paid by the City of Placentia, and additional mobilization and office charges will be necessary if any change in management or significant extension of the project schedule occurs during the life of the contract.
Thank you for this opportunity to be of service. This proposal is valid for a period of 120 days from the date of this letter. We look forward to working with City staff on this contract.
Kabbara Engineering is willing to meet with City staff to further discuss and/or modify our scope/schedule/fee as required if we are fortunate enough to be selected as the most qualified team for the job.
Should you have any questions or need additional information, please contact me at 601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705, telephone: (714) 744-9400, extension 22, or email at [email protected].
Sincerely,
KABBARA ENGINEERING
Leah Kabbara, PE, QSD
PRINCIPAL ENGINEER
2 KABBARA ENGINEERING FEE PROPOSAL FEE
FOR
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TASK
PRINCIPAL
ENGINEER
LAND SURVEYOR
QUALITY
ENGINEER
PROJECT
ENGINEER/TRAFFIC
ENGINEER
CIVIL DESIGNER
CAD DRAFTER
CLERICAL
SUBCONSULTANT
FEE
(INCLUDING 10%
ADMIN. CHARGE)
TOTAL COST
Burdened Hourly Rates
$210
$200
$180
$195
$140
$125
$90
TASK 1. PROJECT MANAGEMENT, MEETINGS &
TASK EFFORT
1. PROJECT SCHEDULE & MONTHLY UPDATES
2. PROJECT MANAGEMENT
3. MEETINGS: KICK-OFF & 4 PROGRESS MEETINGS,
AGENDAS & MINUTES (5 TOTAL)
3A. PROJECT MANAGEMENT & MEETINGS (NUVIS)
3B. PROJECT MANAGEMENT & MEETINGS (GTS)
TASK 1 SUBTOTAL HOURS
TASK 1 SUBTOTAL COST
10 76
16 50
0 0
80 12
8 92 0 0 44
16 20
$7,964.00
$1,276.00
$4,800
$27,900
$5,160
$7,964
$1,276
$47,100
TASK 2. PRELIMINARY DESIGN (35%)
1. RESEARCH & REVIEW EX. DOCUMENTS
2. UTILITY COORDINATION, UTILITY
NOTIFICATION LOG AND CORRESPONDENCE
3. GEOTECHNICAL INVESTIGATION, INCLUDING
PAVEMENT INVESTIGATION, PERCOLATION
TESTING, PAVEMENT REPAIR, LABORATORY
TESTING, ANALYSIS & REPORT
8 4. FIELD TOPOGRAPHIC SURVEY & CROSS
SECTIONS AT 25 FOOT INTERVALS 8
KABBARA ENGINEERING Page 1 of 5
8 16
8 16
16 30
$5,400
$6,500
$21,560.00 $24,680
$29,568.00
$31,168
11/15/2022
KABBARA ENGINEERING FEE PROPOSAL FEE
FOR
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TASK
PRINCIPAL
ENGINEER
LAND SURVEYOR
QUALITY
ENGINEER
PROJECT
ENGINEER/TRAFFIC
ENGINEER
CIVIL DESIGNER
CAD DRAFTER
CLERICAL
SUBCONSULTANT
FEE
(INCLUDING 10%
ADMIN. CHARGE)
TOTAL COST
Burdened Hourly Rates
$210
$200
$180
$195
$140
$125
$90
AERIAL MAPPING (NOT INCLUDED -NAP)
5. TOPOGRAPHIC BASE MAP (20 SCALE)
6. FIELD REVIEW WITH CITY STAFF (IF REQUIRED) 8
7. PRELIMINARY ALIGNMENT PLAN, INCLUDING
CURB EXTENSIONS, STRIPING, & PARKING
8. PHOTOMETRIC STUDY & PRELIMINARY 35%
LIGHTING LAYOUT (GTS)
0 100
8 60 72 100
8 $0.00
$0
$12,500
$3,240
$34,280
$24,046.00 $25,606
10. PRELIMINARY 35% LANDSCAPE PLAN (NUVIS) 16 $46,325.00 $49,445
11. PRELIMINARY DESIGN REPORT, INCLUDING
COST ESTIMATES
12. PRELIMINARY OPINION OF PROBABLE
CONSTRUCTION COSTS (35%)
TASK 2 SUBTOTAL HOURS
TASK 2 SUBTOTAL COST
16 30 2 $7,500
8 24 4 $5,280
8 16 0 148 158 200 36
KABBARA ENGINEERING Page 2 of 5
$205,599
11/15/2022
KABBARA ENGINEERING FEE PROPOSAL FEE
FOR
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TASK
PRINCIPAL
ENGINEER
LAND SURVEYOR
QUALITY
ENGINEER
PROJECT
ENGINEER/TRAFFIC
ENGINEER
CIVIL DESIGNER
CAD DRAFTER
CLERICAL
SUBCONSULTANT
FEE
(INCLUDING 10%
ADMIN. CHARGE)
TOTAL COST
Burdened Hourly Rates
$210
$200
$180
$195
$140
$125
$90
TASK 3. PRELIMINARY IMPROVEMENT PLANS
(65% PS&E)
1. PRELIMINARY STREET IMPROVEMENT PLANS
AND PROFILES, INCLUDING TITLE, TYPICAL
SECTION & DETAIL SHEETS (20 SCALE, EST. 19
SHEETS)
2. PRELIMINARY TRAFFIC SIGNING & STRIPING
PLAN(40 SCALE, EST. 8 SHEETS)
3. PRELIMINARY CROSS SECTION PLANS (EST. 26
SHEETS)
4. PARKING LOT "A" PRECISE GRADING PLAN (65%)
(20 SCALE, EST. 1 SHEET)
5. MELROSE PLAZA PRECISE GRADING PLAN (65%)
(20 SCALE, EST. 1 SHEET)
6. LANDSCAPE & IRRIGATION PLANS (65%) (NUVIS)
TRAFFIC SIGNAL MODIFICATION PLAN- NOT
INCLUDED
7. PRELIMINARY 65% STREET & PEDESTRIAN
LIGHTING PLANS (GTS)
SMART PARKING SYSTEM PLANS - SYSTEM
IDENTIFICATION & FIBER OPTIC/COMMUNICATIONS
DESIGN - NOT INCLUDED
KABBARA ENGINEERING Page 3 of 5
80 120 160 $52,400
60 72 90 $33,030
16 40 80 $18,720
32 40 60 $19,340
32 40 60 $19,340
8 $50,446.00 $52,006
0 $0.00 $0
8 $10,978.00 $12,538
0 $0.00 $0
11/15/2022
KABBARA ENGINEERING FEE PROPOSAL FEE
FOR
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TASK
PRINCIPAL
ENGINEER
LAND SURVEYOR
QUALITY
ENGINEER
PROJECT
ENGINEER/TRAFFIC
ENGINEER
CIVIL DESIGNER
CAD DRAFTER
CLERICAL
SUBCONSULTANT
FEE
(INCLUDING 10%
ADMIN. CHARGE)
TOTAL COST
Burdened Hourly Rates
$210
$200
$180
$195
$140
$125
$90
STRUCTURAL FOUNDATION DESIGN PLANS - NOT
INCLUDED
8. PRELIMINARY SPECIFICATIONS
9. PRELIMINARY OPINION OF PROBABLE
CONSTRUCTION COSTS & QUANTITY
CALCULATIONS (65%)
TASK 3 SUBTOTAL HOURS
TASK 3 SUBTOTAL COST
0 16
8 24
32 2
0 0 0 260 336 450 34
$0.00
$0
$6,000
$5,100
$218,474
TASK 4 FINAL DESIGN (100% BID SET) PS&E
1. 100% PS&E BASED ON CITY COMMENTS
1A. 100% LANDSCAPE & IRRIGATION PS&E BASED
ON CITY COMMENTS (NUVIS)
1B. 100% PS&E LIGHTING & ELECTRICAL BASED
ON CITY COMMENTS, INCLUDING SCE
COORDINATION (GTS)
16 40 50 80 10
8 8
2. FINALIZE 100% PS&E IN PDF FORMAT (ONLY) 8 8 16 24 2
TASK 4 SUBTOTAL HOURS 24 0 0 64 66 104 12
TASK 4 SUBTOTAL COST
KABBARA ENGINEERING Page 4 of 5
$29,060
$57,501.00 $59,061
$19,217.00 $20,777
$8,660
$117,558
11/15/2022
KABBARA ENGINEERING FEE PROPOSAL FEE
FOR
OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT
TASK
PRINCIPAL
ENGINEER
LAND SURVEYOR
QUALITY
ENGINEER
PROJECT
ENGINEER/TRAFFIC
ENGINEER
CIVIL DESIGNER
CAD DRAFTER
CLERICAL
SUBCONSULTANT
FEE
(INCLUDING 10%
ADMIN. CHARGE)
TOTAL COST
Burdened Hourly Rates
$210
$200
$180
$195
$140
$125
$90
TASK 5 BIDDING & CONSTRUCTION
ENGINEERING SUPPORT SERVICES (HOURLY
ESTIMATE)
1. PERFORM BIDDING & CONSTRUCTION
ENGINEERING SUPPORT SERVICES, AS REQUIRED
BY CITY (HOURLY ESTIMATE)
1A. PERFORM BIDDING & CONSTRUCTION
ENGINEERING SUPPORT SERVICES & ASBUILTS
(NUVIS)
1B. PERFORM BIDDING & CONSTRUCTION
ENGINEERING SUPPORT SERVICES & ASBUILTS
(GTS)
2. ASBUILTS
TASK 5 SUBTOTAL HOURS 8 0 0 88 0 30 0
TASK 5 SUBTOTAL COST
8 80
8 30
TOTAL FEE PROPOSAL
•
KABBARA ENGINEERING Page 5 of 5
$15,600
$9,980.00 $9,980
$7,117.00 $7,117
$6,990
$39,687
$628,418
11/15/2022
Ac of CERTIFICATE OF LIABILITY INSURANCE
11/22/2022
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(les) 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).
CONTACT
PRODUCER
Risk Strategies CompanyNAME: Risk Strategies Comoanv
2040 Main Street, Suite 450 PHONE E www.risk-strategies.com CA DOI License No. OF06675
INSURED
Kabbara Engineering
P.O. Box 7273
Orange CA 92863-7273
INSURER A :
INSURER B :
I INSURER C :
INSURER D :
I INSURER E :
I INSURER F :
INSURER(S) AFFORDING COVERAGE
Citizens Insurance Co. of America
Hanover American Insurance Co.
Great American Insurance Comoanv
NAIC #
31534
36064
16691
COVERAGES CERTIFICATE NUMBER: 71408122 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.
TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP
!NW YAM POLICY NUMBER iNIM/ pore YTY) IMMIDDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY ✓ 0639087287 6/1/2022 6/1/2023 EACH OCCURRENCE $ $2,000,000 INSR
LTR
A
ICLAIMS -MADE i ,/ ' OCCUR
GEN- 'L AGGREGATE LIMIT APPLIES PER:
1 POLICY 7PEa LOC
OTHER:
A AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
/ AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
/ , AUTOS ONLY
UMBRELLA LIAB OCCUR
EXCESS LIAB CLAIMS -MADE
DED I RETENTION $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTN ER/EXECUTIVE
OFF I CER/M EMB E R EXC LU D ED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION 9F Op RATIONS below
C Professional Liability DPPE438883
Y
I N - NIA
OB39087287
✓ WZ39117321
6/1/2022 6/1/2023
6/1/2022 6/1/2023
DAM.A i Ivrrcnleu
PREMISES tEa oaurrenca}
I MED EXP (Any one person)
$ $1,000.000
$ $5,000
PERSONAL & ADV INJURY $ $2,000,000
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
IPe acddenth
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per aocldenn
EACH OCCURRENCE
IAGGREGATE
1 ✓ I STATUTE I A"
-
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
8/3/2022 8/3/2024 Per Claim: $2,000,000
Aggregate: $2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the insured including but not limited to Old Town Placentia Streetscape Improvement Project.
City of Placentia and its elected and appointed boards, officers, officials, agents, employees. and volunteers are named as additional insureds on the general liability policy. including the non -owned and hired auto liability, and a waiver of subrogation applies to the work comp policy. General Liability policy is primary and non-contributory.
CERTIFICATE HOLDER
City of Placentia
Attn: Luis Estevez
401 E. Chapman
Placentia CA 92870
HLUKL LJ tit l U/U.J)
CANCELLATION
$ $4,000,000
$ $4,000,000
$ $2,000,000
$ $1.000,000
$ $1.000.900
$$1.000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
RSC Insurance Brokerage
r0 1988-2015 ACORD CORPORATION. All rights reserved.
1 lie fil.ur LJ IIdIIIe d/lu WWI/ dIe II Id1 It* 1.11 a-1VUIYu
71.108122 1 22-23 CL-HNOA-0C. 22-24 P, 1 Sher_, iuuny 1 11/22/2022 3:06:52 PI•! (PST) 1 Peyc 1 ui 6
Architects and Engineers
The following policy language is from Businessowners General Liability Coverage Part NAMED INSURED:Kabbara Engineering POLICY NUMBER:OB39087287 The following are mandatory forms on the policy identified on the Certificate of Insurance:
391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit
A. Section II — Liability, C — Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your behalf, but only with respect to:
(1) "Your work" for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "property damage" included in the "products - completed operations hazard" only if this Coverage Part provides such coverage;
(ii) Premises you own, rent, lease, or occupy; or
(iii) Your maintenance, operation or use of equipment leased to you. *Definition: "Your work" a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in connection with such work or operations; b. Includes (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) the providing of or failure to provide warnings or instructions.
This provision does not apply:
(1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily Injury", "property damage", "personal injury" or "advertising injury". (2) To any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part.
(3) To any lessor of equipment (a) After the equipment lease expires; or (b) If the "bodily Injury", "property damage", "personal injury" or "advertising Injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you.
Other Insurance Primary & Non -Contributory
The following paragraph is added to SECTION III — COMMON POLICY CONDITIONS, H — Other Insurance: Additional Insured — Primary and Non -Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II — Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered under SECTION II — LIABILITY of this Coverage Part, our obligations are limited as follows:
(1) Primary Insurance: This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. (2) Excess Insurance:
(a) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner;
No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict holito nri chic hinlira anri ihP nnlirrr /inchirlinn iho anrinrcorr.nlcl Ihv nrnvicinnc of fhn nniirrr linrliirlinn ii¢ onr♦nrcnrnonlcl chaii nrovail
71.103122 1 22-23 GL-H_'TO0-WC, 22-2.1 IL j Sherry 'iuuuy 1 11/22/2022 3:00:02 Pr: (PST) 1 Ptyc 2 •�L o
(3)
(iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part.
Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Per Project Aggregate
The following changes are made to SECTION 1I - LIABILITY:
1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4:
The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations.
2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:
1. "Your project" means:
a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations.
2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or "suit" is brought.
Waiver Of Subrogation
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make 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 where required by written contract.
Notice Of Cancellation
For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 90 Days.
AUTHORIZED REPRESENTATIVE
*From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16) No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict nr�trnrPrn Ihic idntira arm thr nnIiry linriurlinn ih, anrinrc,manlel thp nrnvicinnc nr tha nnliry (inch vlinn itc anrinrcPrnontcl mall nravaii 71108122 1 22-23 GL -11140A -WC, 22-2.1 PL 1 Srrc_ , iuuay 1 11/22/2022 3:26:02 316 (PST) 1 rnyc 3 ur 6
Kabbara Engineering
POLICY NUMBER: 0639087287
rl The
4..\Hanover
Insurance Group_
0133 9087287 1001586
BUSINESSOWNERS
BP 06 86 05 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA- HIREDAUTOAND NON -OWNED
AUTO LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
Coverage
A. Hired Auto Liability
B. Non -owned Auto Liability
SCHEDULE
$ INCLUDED
$ INCLUDED
Additional Premium
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Insurance is provided only for those coverages
for which a specific premium charge is shown in
the Declarations or in the Schedule.
1. Hired Auto Liability
The insurance provided under Paragraph
A.1. Business Liability in Section II - Liability
applies to "bodily injury" or "property
damage" arising out of the maintenance or
use of a "hired auto" by you or your
"employees" in the course of your business.
2. Non -owned Auto Liability
The insurance provided under Paragraph
A.1. Business Liability in Section II - Liability
applies to "bodily injury" or "property
damage" arising out of the use of any
"non -owned auto" in your business by any
person.
PO pg n.4 17
B. For insurance provided by this endorsement
only:
1. The exclusions under Paragraph B.1.
Applicable To Business Liability Coverage in
Section II - Liability, other than Exclusions a.,
b., d., f. and i. and the Nuclear Energy
Liability Exclusion, are deleted and replaced
by the following:
a. "Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business;
or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
innkirinni tiffirp, 1nr '7111A 1 rvIr.'")
71403122 1 22-23 GL-BNOA-WC, 22-24 P1 1 Sherfy Youuy 1 11/22/2022 3:00:52 311 (PST) 1 Paye 4 of 6
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of injury.
This exclusion does not apply to:
(1) Liability assumed by the insured
under an "insured contract"; or
(2) "Bodily injury" arising out of and in
the course of domestic employment by
the insured unless benefits for such
injury are in whole or in part either
payable or required to be provided
under any workers' compensation law.
b. "Property damage" to:
(1) Property owned or being transported
by, or rented or loaned to the insured;
or
(2) Property in the care, custody or
control of the insured.
2. Paragraph C. Who Is An Insured in Section 11
- Liability is replaced by the following:
1. Each of the following is an insured under
this endorsement to the extent set forth
below:
a. You;
b. Any other person using a "hired auto"
with your permission;
c. For a "non -owned auto":
(1) Any partner or "executive officer"
of yours; or
(2) Any "employee" of yours;
but only while such "non -owned auto"
is being used in your business; and
d. Any other person or organization, but
only for their liability because of acts
or omissions of an insured under a., b.
or c. above.
2. None of the following is an insured:
a. Any person engaged in the business
of his or her employer for "bodily
injury" to any co -"employee" of such
person injured in the course of
employment, or to the spouse, child,
parent, brother or sister of that
co -"employee" as a consequence of
such "bodily injury", or for any
obligation to share damages with or
repay someone else who must pay
damages because of the injury;
71403122 1 22-23 GL , 22-2.1 PI, 1
b. Any partner or "executive officer" for
any "auto" owned by such partner or
officer or a member of his or her
household;
c. Any person while employed in or
otherwise engaged in duties in
connection with an "auto business",
other than an "auto business" you
operate;
d. The owner or lessee (of whom you are
a sublessee) of a "hired auto" or the
owner of a "non -owned auto" or any
agent or "employee" of any such
owner or lessee; or
e. Any person or organization for the
conduct of any current or past
partnership or joint venture that is not
shown as a Named Insured in the
Declarations.
C. For the purposes of this endorsement only,
Paragraph H. Other Insurance in Section III
- Common Policy Conditions is replaced by the
following:
This insurance is excess over any primary
insurance covering the "hired auto" or
"non -owned auto".
D. The following additional definitions apply:
1. "Auto business" means the business or
occupation of selling, repairing, servicing,
storing or parking "autos".
2. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any "auto" you lease, hire, rent or borrow
from any of your "employees", your partners
or your "executive officers" or members of
their households.
3. "Non -owned auto" means any "auto" you do
not own, lease, hire, rent or borrow which is
used in connection with your business. This
includes "autos" owned by your
"employees", your partners or your
"executive officers", or members of their
households, but only while used in your
business or your personal affairs.
^e..._r, r -as. f`Sr'i rna 1... ^n n
1 11/22/2022 011 (PST/ 1 -nye 5 of 6
.17
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated.
This endorsement effective on 6/1/2022 at 12:01 am standard times forms a part of Policy No. WZ39117321
of the Hanover American Insurance Co.
issued to: Kabbara Engineering
Premium (if any) $
Authorized Representative
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 2.000% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE
DATE OF LOSS
Job Description: Projects as on file with the insured
WC 252 040 84
71/08122 1 22-23 GL-HNOA-1C, 22-2.1 FL 1 ohei-V iouiiy 1 11/22/2022 3:06:52 PM (POT) 1' 6 of 6
RESOLUTION NO. R-2022-84
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-2022-43, is hereby amended to adjust the following accounts as specified below:
Fund Description Department GL Account Amount Type
Measure U EIFID (Old Town Public Works 799202-6770 $341,259 Expense Streetscape)
Design Project
Measure U Fund Balance N/A 0079-3001 $341,259 Revenue
General Fund EIFID (Old Town Public Works 109202-6770 $350,000 Expense (ARPA) Streetscape) J/L 22999
Design Project
General Fund Fund Balance N/A 0010-3001 $350,000 Revenue (ARPA) J/L 22999
Resolution R-2022-84