PROJECT DESCRIPTION
The applicant, Toffoli Investments, requests approval of a Development Plan Review, Tentative Tract Map, and Use Permit to develop a 0.40 -acre lot (currently improved with two single-family homes) for the construction of two, three story, multi -family buildings consisting of 12 for -sale residential townhome units and associated hardscape and landscaping improvements. The proposed residential units are proposed to be incorporated into the 139 -unit multifamily project northwest and adjacent to the subject site.
The property is located north of the Atwood Flood Control Channel, south of the Topeka St./S. Van Buren) entrance to the Hudson Townhome Development, east of the Hudson Townhomes, and west of S. Van Buren Street. Access to the site will be provided from S.
Van Buren Street, with additional pedestrian access provided from Topeka Street via Van Buren Street.
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Planning Commission — Toffoli Investments
December 13, 2022
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The purpose of the Tentative Tract Map is to combine two parcels into one 16,500 square foot parcel and to subdivide the resulting lot, resulting in 12 townhome units for subdivided residential condominium purposes. In addition, the applicant has submitted a lot line adjustment to enlarge the subject property, moving the northern boundary of the parcel approximately four feet to the north.
The proposed 12 units will be located within two separate three-story buildings. Each of the two buildings feature side-by-side attached units, with 6 townhomes each (Tiny Towns).
The buildings are located on the northerly and southerly portions of the 0.40 -acre site, bisected by a driveway.
The proposed development will have a residential density of 30 units per acre, in compliance with R-3 standards. In November 2022, the City Council approved a Zoning Code Amendment changing the R-3 (High Density Residential) density from 25 du/ac to 30 du/ac. The proposed project is in compliance with the allowed density once the City Council Ordinance is effective.
Three floor plans are proposed which are noted on the development plans as Plan 1, Plan 2, and Plan 3. The plan types will measure between 762 square feet and 1,289 square feet in overall floor area and contain an attached one or two -car garage per unit. Each unit will have either one bedroom and 1.5 baths (Plans 1), two bedrooms and 2.5 baths (Plan 2), or two bedrooms with an additional bedroom or loft option and 2.5 baths (Plan 3). A breakdown of the unit mix is below:
Unit Type Bedroom Bathroom Unit Size Qty.
Plan 1 1 1.5 762 s.f. 4
Plan 2 1 1.5 806 s.f. 4
Plan 3 2 2.5 1,289 s.f. 4
*Both plans and reversed version have same square footage.
Planning Commission — Toffoli Investments
December 13, 2022
Each building will be three stories with an overall building height of approximately 35 feet, with certain allowable projections of the building exceeding the maximum height limit to assist with greater roof articulation. A total of 26 parking spaces will be provided, comprised of 20 garage spaces and six guest parking spaces with one accessible (ADA) parking space throughout the site.
Vehicular access to the project will be provided by a single 20 -foot -wide driveway that extends approximately 140 -feet. The driveway serves as the sole vehicular access for the 12 units and provides access to garages for each condominium. Six guest parking (including one ADA parking space) will be located on the north side of the project and will be accessible from the main access to the Hudson Phase 1, which is off of Topeka Street.
Decorative landscaping will be provided through the site and will match the landscape of Hudson Phase 1.
Small greenbelts on the south, west and north edges of the project, along with a pedestrian walkway that links up to the proposed five-foot wide sidewalk along the front of the project along Van Buren Street. The six units on the south side of the project will back up to an existing open space and the northern units are cushioned by small greenbelts to serve as front yards. A small passive open space is located in the northwestern corner of the site, with 36" box street trees.
PROJECT CHARACTERISTICS
Applicable Code Section — Placentia Municipal Code
The project is located within the High Density Residential (R-3) Zoning District. The project will be required to comply with the development standards and use requirements set forth in the Placentia Municipal Code (PMC) for projects located within the R-3 Zoning District.
Pursuant to PMC Section 23.75.010(a), construction of new buildings shall require a DPR to be reviewed at a noticed public hearing before the Planning Commission and pursuant to PMC 23.21.030, a Use Permit is required for the development of condominiums or townhomes.
Subject Site and Surrounding Land Uses
The table below illustrates the site and surrounding existing land uses, General Plan Land Use designation and zoning:
Location Existing Land Use
Existing
Legal, non -conforming
single-family
residential houses
Land Use Element
General Plan
Designation
High Density
Residential
Zoning Map
Designation
High Density Residential
(R-3)
Planning Commission — Toffoli Investments
December 13, 2022
Proposed
North
Attached, Single -
Family Residential High Density High Density Residential Townhomes Residential (R-3)
Attached, Single -
Family Residential
Townhomes High Density High Density Residential
(HUDSON PHASE 1) Residential (R-3)
South
(Other side of
greenbelt of Atwood Channel Industrial
Hudson Phase
1)
M(0)
East (adjacent
and across S. Single Family Low Density Single -Family Residential Van Buren Residential Residential (R-1)
Street
West
Attached, Single -
Family Residential
Townhomes High Density High Density Residential
(HUDSON PHASE 1) Residential (R-3)
ZONING COMPLIANCE ANALYSIS
Site Development Standards
The project is located within the R-3 Zoning District. The townhome development is conditionally permitted with a DPR subject to review and approval by the Planning Commission. In accordance with PMC Section 23.21.030, proposed condominium or townhome developments within the R-3 Zoning District require the approval of a Use Permit (UP) by the Planning Commission when they are developed as a Planned Unit Development (PUD).
This project has been designed and will be conditioned to function as an integrated part of the Hudson development, adjacent to the subject site. The intent of this 0.4 -acre, 12 -unit site is to be a cohesive part of the Hudson, known as Hudson Phase ll. The entire development was evaluated as one regarding development requirements, such as setbacks. When this subject site alone is analyzed, the western property line features a 5 - foot setback, while the setback is 10 -feet (min. rear setback for R-3). However, as an integrated portion of the adjacent development, the western edge of that building is 35+
Planning Commission — Toffoli Investments
December 13, 2022
feet from the next building to the west. The complete integration of this development into the Hudson will include the integrated use of amenities and reciprocal pedestrian access.
When considering the site as a comprehensive one, the proposed setbacks more than meet the intent of the development standards of the R-3 Zone.
The Hudson development, including the proposed additional 12 units, features a mix of unit types. When calculating parking requirements for the larger (139 -units) Hudson Phase I development, it was evident that, the municipal code did not adequately address onsite parking for one -bedroom units. The same can be stated for these proposed townhome units. Using these standards results in an overage of parking as compared to uses in other high-density zones within the city such as the TOD (Transit Oriented Development Packing House District) Zoning District which requires one space per each studio or one bedroom unit. Applying the R-3 parking standard to the one -bedroom units will result in an overage of parking using the conservative industry standards. The one -bedroom units will be parked at a significantly higher rate than the TOD Zone requires and will be commensurate with the R-3 parking requirements, yet slightly modified for the one -bedroom units for Hudson Phase I. The Planning, Community, Economic Development, and Housing Ad Hoc Committee supported an interpretation of the code for the one -bedroom units. While this calculation was used for the first phase of the Hudson, which includes 139 -units, it was also applied here, because Phase II has the same ratio of one -bedroom units as compared to Phase I.
The following matrix provides a summary of the development's compliance with the identified development standards:
STANDARD
PROJECT
Height
35 ft. max.
Setbacks
Front Yard Setback — 15 ft. min.
Interior Side Yard Setback — 5 ft. min.
Rear Yard Setback - 10 ft. min.
35.2 ft. — top of roof
(PMC Section 23.81.090 allows buildings
to exceed the height limit for roof elements)
Front: 15 ft. (S. Van Buren Street)
South Side Yard: 5 ft.
*North Side Yard: 30 ft.
West Rear Yard: 5 ft.
*The integration of the proposed 12 -units into the previously approved Hudson development required staff to evaluate
development requirements as part of one comprehensive
development.
Building Separation
20 ft. min. 22.5 ft.
Planning Commission — Toffoli Investments
December 13, 2022
Lot Coverage
60% max. (145,627 sq. ft.)
Parking
Two spaces per dwelling: 24 spaces min.
Additional 15% min. of total parking
required for guest parking (24 x 15%)
Total Parking Required: 27.6 spaces
min.
Lot Area and Dimensions
Minimum Lot Area: 8,000 sq. ft.
Minimum Lot Width: 80 linear ft.
48.1% (8,403 sq. ft.)
24 spaces
3.6 spaces
26 spaces* (see discussion above)
*Additional unmarked parking spaces are
distributed throughout the development
that meets and exceeds the parking
shortfall. Applying a one space requirement
for one -bedroom units results in an overall
minimum parking mandate of 23 spaces.
Lot Area: 17,467 sq. ft. (0.40 gross acres)
Approx. 116 linear ft.
Other Departments Concerns and Requirements
The Divisions of Planning and Building, Public Works Department, Engineering/Traffic, Police Department, and Fire and Life Safety Department have reviewed the application and submitted comments but had no major concerns with the proposal. A draft condition of approval added by the Traffic Manager was to require right -turn only movements out of the proposed driveway onto Van Buren Street exiting the development. Left turns will be permitted from Van Buren Street, with the installation of a median to prevent any left -turn out of the development. All applicable code requirements and conditions of approval have been incorporated into draft resolutions for consideration and recommendation by the Planning Commission to the City Council for TTM 19251, as the DPR and UP do not require City Council review, however the resolution for the DPR/UP is a final approval by Planning Commission.
ISSUES ANALYSIS:
Consistency with the General Plan
The General Plan features policies that promote the reinvestment of underutilized properties while being sensitive to the suburban atmosphere and requires new developments to provide adequate improvements and pay impact fees to offset the demand
Planning Commission — Toffoli Investments
December 13, 2022
costs on city services and facilities. The proposed development is consistent with the following Land Use Element and Housing Element policies and goals of the General Plan:
Land Use Element
Policy 1.2 — Allow for a variety of residential infill opportunities including single family, multi -family, mixed-use, manufactured housing and mobile homes, in designated areas to satisfy regional housing needs.
Policy 2.6 — Require new multifamily development to provide adequate buffers (such as decorative walls and landscaped setbacks) along boundaries with single-family residential uses to reduce impacts on residences due to noise, traffic, parking, light and glare, and differences in scale; to ensure privacy; and to provide visual compatibility.
Policy 5.1 — Encourage development projects to utilize high quality design for architecture and site planning through the City's design review process.
Create Design Guidelines for focused areas and for development Citywide.
Policy 5.8 — Improve the quality of Placentia's multi -family neighborhoods through a) improved buffers between multi -family residences, and commercial, and business park uses; b) provision of usable private and common open space in new multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design.
Housing Element
Goal 1 — Develop and maintain an adequate supply of housing that varies sufficiently in cost, size, type, and tenure to meet the economic and social needs of existing and future residents within the constraints of available land.
The addition of 12 townhomes is compatible with the High Density Residential District Land Use, which is now 30 du/ac. Once the proposed townhomes are incorporated into the adjacent 139 townhomes, it will provide more housing for the community, while maintaining the residential character of the neighborhood to the east.
Planning Commission — Toffoli Investments
December 13, 2022
Land Use Compatibility
The project will be compatible with the surrounding area as the development will enhance and add an additional 12 housing units to the adjacent project (Hudson Phase I) that is now under construction. The Hudson project aims to serve as a catalyst triggering more development and investment into the adjacent Atwood neighborhood, and this additional
0.40 -acre parcel development, with 12 for -sale condominium townhomes will help complete the Hudson community for future homebuyers. The development will provide a compatible transition between nearby land uses that complement the residential densities of the housing tracts to the north (across Orangethorpe Avenue) and east (across S. Van Buren Street). Based upon the use, overall site layout, and building design, the proposed development is not anticipated to result in any significantly adverse impacts to the surrounding area.
Architecture
The proposed project will be the same architecture as the Hudson development, in which this project will be incorporated into. The two buildings will include six units each, for a total of 12 units. There are three floorplans proposed (Plan 1, Plan 2, Plan 3). The residential buildings will be reminiscent of Contemporary Craftsman design, with elements of Ranch
Planning Commission — Toffoli Investments
December 13, 2022
and Mid -Century Modern architecture. The rooflines are lower than traditional Craftsman homes, and exteriors are made up of clean lines. The building volume is broken up by the employment of a number of design techniques as exterior facade pop outs/building projections, inset front doors and inset 2nd floor patios creating shadow and relief, and contrasting building materials. These design techniques visually minimize the size/volume of the building. The project employs four-sided architecture by using the same materials on all four sides of a structure so that, no matter what vantage point it is viewed from, the design is never interrupted, and all the parts are perceived as part of a unified whole.
RIGHT ELEVATION
CEQA
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LEFT ELEVATION
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The proposed application was reviewed by staff in accordance with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et esq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et esq., and the Environmental Guidelines of the City of Placentia. Staff recommends that the Planning Commission exercise its independent judgement and find that DPR 2022-03 and UP 2022-02 is exempt from CEQA pursuant to State CEQA Guidelines § 15332 (Class 32 — Infill Development Projects) and recommend that the City Council find that TTM 19251 is exempt from CEQA, as the entitlement is to approve an infill development project.
Planning Commission — Toffoli Investments
December 13, 2022
PUBLIC NOTIFICATION
Legal notice was published in the Placentia News -Times on December 1, 2022. Notices were sent to property owners of record within a 300 -foot radius of the subject property, and posted at the Civic Center on December 1, 2022. As of December 13, 2022, staff has not received any correspondence related to this project.
CONCLUSION
The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. With the recommended conditions of approval, it is the determination of city staff that the proposed development will be compatible with adjacent land uses and will not result in any adverse impacts onto the surrounding neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution PC -2022-20 approving DPR 2022-03 and UP 2022-02, and that the Planning Commission adopt Resolution PC - 2022 -21 recommending to the City Council of the City of Placentia approval of TTM 19251.
Prepared and submitted by:
Lesley hittaker
'Assoc.:te Planner
seph Lambert
evelopment Services Director
ATTACHMENTS:
1. Resolution No. PC -2022-20
2. Resolution No. PC -2022-21
3. Project Plans including the Site Plan, Floor Plans, Building Elevations, Preliminary Landscape Plan, Colored Renderings, and Tentative Tract Map (TTM 19251)
4. Vicinity Map
5. Site Photographs
6. Affidavit of Public Noticing
7. Mailing List
8. Radius Map for Public Notices
N:\PLANNING COMMISSION\Planning Commission Agendas & Reports\2022\12-13-22\Public Hearing Item 1 - DPR 2022-03, TTM 19251, UP 2022-04 (Hudson Phase 11)
Attachment 4: Vicinity Map for DPR 2022-03, UP
2022-04, and TTM 19251
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AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING
STATE OF CALIFORNIA )
County of Orange ) ss
I, Lesley Whittaker, say that on the 1st day of December, a copy of the notice attached hereto was mailed to each of the persons whose name and address appears on the attached list.
Said mailings was done at the City of Placentia City Hall, Planning Division, located at 401 E.
Chapman Avenue, Placentia, California
Project Address: 503 & 513 S. Van Buren Street
Case No.: DPR 2022-03, UP 2022-02, and TTM 19251
Meeting Date: December 13, 2022
I declare, under penalty of perjury, that the foregoing is true and correct.
Exec ed at P • entia, California on this 1st day of December, 2022.
APN
346-164-23,24
346-164-01
346-164-19
346-164-20
346-164-21
346-164-22
346-164-25
346-171-01
346-171-02
346-172-01
346-172-02
346-172-03
346-172-04
346-172-05
346-172-29
346-181-02
346-181-03
346-181-04
346-181-32
346-181-33
346-181-34
346-181-38
346-181-40
346-181-42
346-181-43
346-182-01
346-182-02
346-182-03
346-182-04
346-182-05
346-182-06
NAME
LANDSEA HOMES OF CALIFORNIA INC
BEJAC CONSTRUCTION COMPANY
ORANGE COUNTY FLOOD CONTROL DISTRICT
PHILLIP L APALATEGUI
MARY LOU LABARBERA
LCG-PLACENTIA LLC
LS-PLACENTIA LLC
JUAN D & HERMELINDA PEREZ
ORANGE COUNTY FLOOD CONTROL DISTRICT
BRADLEY K PETERSEN
LORRAINE D ARREDONDO
ANALI ALMAZAN
BRANCE A & LINDA L SKIPPER
DARIO V GUZMAN
JAMES CURTIS & JOAN B VORWERK
SIATA VANI
SANDRA ARIAS
SANDRA ARIAS
SANDRA M ARIAS
VERA M ARIAS
MARTIN ALVAREZ
ARTURO HERNANDEZ
HABITAT FOR HUMANITY OF ORANGE COUNTY INC
LUIS ALBERTO RENTERIA
DAVID VARGAS/PATRICIA MAGANA
ARUN D PATEL
FLOR TRJ & F RAYA
ANDRES & ESPERANZA ALVAREZ
FELIX BADILLO
REYNALDO R & MONICA Y PEREZ
REYNALDO PEREZ
ADDRESS
7525 IRVINE CENTER DR #200
569 S VAN BUREN ST
300 N FLOWER ST 6TH FLOOR
20451 VIA MARWAH
20451 VIA MARWAH
530 LYTTON AVE # 304
7525 IRVINE CENTER DR #200
2270 MEYER PL
300 N FLOWER ST 6TH FLOOR
19711 OCEANAIRE CIRCLE
608 S VAN BUREN ST
1604 VINCENTE AVE
2905 E WALNUT AVE
1612 VINCENTE AVE
612 S VAN BUREN ST
1442 E LINCOLN AVE # 270
1613 E OAK ST
1613 E OAK ST
1613 OAK ST
1613 OAK ST
464 S VAN BUREN ST
1067 CLEVELAND WAY
2200 S RITCHEY
1617 OAK ST
1621 OAK ST
2359 SKYLINE DR
1604 OAK ST
1608 OAK ST
1741 E VINCENTE AVE
1616 OAK ST
1616 OAK ST
CITY
IRVINE
PLACENTIA
SANTA ANA
YORBA LINDA
YORBA LINDA
PALO ALTO
IRVINE
COSTA MESA
SANTA ANA
HUNTINGTON BEACH
PLACENTIA
PLACENTIA
ORANGE
PLACENTIA
PLACENTIA
ORANGE
PLACENTIA
PLACENTIA
PLACENTIA
PLACENTIA
PLACENTIA
CORONA
SANTA ANA
PLACENTIA
PLACENTIA
FULLERTON
PLACENTIA
PLACENTIA
PLACENTIA
PLACENTIA
PLACENTIA
STATE ZIP
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
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Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF HUMAN RESOURCES
DATE: JANUARY 10, 2023
AGENDA REPORT
SUBJECT: RESOLUTION TO AMEND THE PAY SCHEDULE FOR PART-TIME
EMPLOYEES IN COMPLIANCE WITH THE STATE MINIMUM WAGE
INCREASE
FISCAL
IMPACT: FY22-23 $9,750 ($19,500 annually) in account 104071-5005.
SUMMARY:
To comply with state minimum wage increase effective January 1, 2023, it is necessary to amend the pay schedule for part-time employees. It is anticipated that the cost to implement this minimum wage increase will cost the City approximately $19,500 per year in total compensation.
Prorated costs in the amount of $9,750 will be funded by the General Fund for the remainder of the fiscal year.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. R-2023-03 amending the pay schedule for part-time employees to reflect state minimum wage requirements; and
2. Approve a budget amendment in the prorated amount of $9,750 from the General Fund's fund balance for the remainder of the fiscal year.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal #8 to Improve City Governance, under Objective #1, which is update all rules, policies and procedures to be consistent with MOUs and State/Federal regulations.
DISCUSSION:
The City's Pay Schedule for Part -Time Positions consists of non-competitive services positions that are excluded from the civil services system. California employers are governed by federal and state minimum wage laws. For 2022, the California minimum wage was $15.00.
1.h.
Jan 10, 2023
City Council Agenda
January 10, 2023
Due to cost -of -living increase required by the State's minimum wage law, effective January 1, 2023, California's minimum wage will increase from $15.00 top $15.50 per hour for all employers. California Labor Code section 1182.12 requires minimum wage to be increased by at least 3.5 percent if the State's rate of inflation exceeds 7 percent. The California Department of Finance recently announced the rate of inflation increased to 7.9 percent, thus triggering the statewide increase in minimum wage. This will immediately affect approximately thirty-two (32) part-time employees, who now earn Tess than $15.50 per hour in job classifications shown on the proposed resolution and pay schedule. Staff is recommending that the City Council adopt the proposed part-time pay schedule to ensure all employees are paid at least the California minimum wage of $15.50 per hour.
The adoption of this resolution is necessary pursuant to Personnel Rules and Regulations of the City of Placentia, Rule IV, Section 1, which states proposed compensation schedules must be submitted to the City Council for approval.
FISCAL IMPACT:
This proposal will cost the City approximately $19,500 per year in total compensation. Staff requests approval of a budget amendment in the prorated amount of $9,750 from the General Fund's fund balance for the remainder of the current fiscal year.
Prepa ed by: Reviewed and approved:
Alice Burnett R sanna Ramirez
Deputy City Adminis
Director of Human Resources
_ Reviewed and approved:
Dam u a�
City Administrator
Attachments:
1. Resolution No. R-2023-03
2. Salary Schedule, Part -Time
RESOLUTION NO. R-2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING THE PAY
SCHEDULE FOR PART-TIME EMPLOYEES EFFECTIVE
DECEMBER 25, 2022
A. Recitals.
(i). The City's Pay Schedule for Part -Time Employees consists of unrepresented non-competitive services positions that are excluded from the civil services system.
(ii). To comply with state minimum wage increase effective January 1, 2023, it is necessary to amend the pay schedule for part-time employees. (iii). Personnel Rules and Regulations of the City of Placentia, Rule IV, Section 1, requires approval of proposed compensation schedules by City Council. (iv). 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 City Council desires to amend said Schedule for Part -Time Employees, effective December 25, 2022.
3. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-03 ATTACHMENT 1
PASSED, ADOPTED AND APPROVED THIS 10th DAY OF JANUARY 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Attachment:
Appendix A: 2023-03 Pay Schedule for Part -Time Employees Resolution R-2023-03 ATTACHMENT 1
APPENDIX "A"
SALARY SCHEDULE
PART-TIME
EFFECTIVE DECEMBER 25, 2022
SECTION 1
The compensation of part-time employees of the City of Placentia shall be set forth in the table herein below:
STEPS
CLASS TITLE
A B C D
Admin. Intern.
Clerical Aide
Production Coordinator
Production Assistant
Maintenance Aide
Police Cadet
Pol Reserve Off - Level 1
$15.75
$18.54
$19.50
$16.06
$18.91
$19.89
$15.75
$15.75
$21.43
$16.06
$16.06
$22.82
$16.38
$19.29
$20.29
$15.61
$16.38
$16.38
$24.21
$16.71
$19.67
$20.69
$15.92
$16.71
$16.71
$25.71
Lifeguard $16.23 $16.55 $16.89 $17.23
Instructor Guard $17.57 $17.93 $18.28 $18.64
Sr. Instr. Guard $19.69 $20.09 $20.49 $20.90
Pool Manager $20.82 $21.24 $21.65 $22.09
Com. Serv. Leader
Sr. Com. Serv. Leader
Com. Serv. Specialist
Sr. Com. Serv. Specialist
Program Coordinator
$16.23
$17.57
$19.03
$21.00
$16.55
$17.93
$19.41
$21.42
$15.61
$16.89
$18.28
$19.80
$21.85
$15.92
$17.23
$18.64
$20.20
$22.29
SECTION 2
Part-time employees may progress to the next salary step after satisfactorily completing a minimum of four hundred (400) hours of work at the current salary step and one year of servicE An evaluation of the employee's performance should be completed prior to the salary change.
SECTION 3
The following classes are elected or appointed by City Council:
CLASS TITLE SALARY
Mayor/Councilmembers $150.00
City Clerk $150.00
City Treasurer $50.00
TO:
VIA:
FROM:
DATE:
Successor Agency
to the Redevelopment Agency of the Ci of Placentia
SUCCESSOR AGENCY
CITY ADMINISTRATOR/EXECUTIVE DIRECTOR
SUCCESSOR AGENCY STAFF
JANUARY 10, 2023
AGENDA REPORT
SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24) FOR JULY 1, 2023 THROUGH JUNE 30, 2024
FISCAL
IMPACT:
SUMMARY:
RPTTF FUNDED NON -ADMIN OBLIGATIONS:
OTHER FUNDS FUNDED OBLIGATIONS:
RPTTF FUNDED ADMINISTRATIVE OVERHEAD:
TOTAL ROPS 23-24 EXPENDITURE REQUEST:
$1,469,576
$ 37,583
$ 120,876
$1,628,035
Pursuant to Health and Safety Code ("HSC") 34177 (I), successor agencies are required to prepare and submit a Recognized Obligation Payment Schedule ("ROPS") detailing each enforceable obligation that requires property tax revenue to satisfy debt of the former Redevelopment Agency for a twelve-month reporting period. This action respectfully requests the Successor Agency's review and approval of the ROPS 2023-24, which covers the twelve-month reporting period of July 1, 2023 through June 30, 2024.
RECOMMENDATION:
It is recommended that the Successor Agency take the following action:
Approve Resolution RSA -2023-01, a Resolution of the City Council of the City of Placentia, California, acting as the Successor Agency to the Redevelopment Agency of the City of Placentia, California approving and adopting the Recognized Obligation Payment Schedule for the period of July 1, 2023 to June 30, 2024 (ROPS 23-24).
DISCUSSION:
Pursuant to HSC 34177 (I), the Successor Agency is required to prepare a ROPS that identifies the enforceable obligations of the former Redevelopment Agency and the sources of funds for the repayments. ROPS 23-24, covering the period of July 1, 2023 through June 30, 2024, must be approved by the Countywide Oversight Board of the County of Orange ("Countywide Oversight Board") and submitted to the State Department of Finance ("DOF") no later than February 1, 2023.
1.i.
Jan 10, 2023
City Council/Successor Agency Agenda
January 10, 2023
The Countywide Oversight Board meeting will be held on Tuesday, January 24, 2023 and submitted to the DOF prior to February 1, 2023. Pursuant to Health and Safety Code 34177(m), the DOF has 45 days from submission after Countywide Oversight Board approval to review the ROPS and object to any enforceable obligations. If the ROPS is not submitted by the deadline, the City is subject to a $10,000 fine for every day the ROPS is late and the administrative cost allowance for the Successor Agency is reduced by 25% after 10 days. At this time, Staff has prepared the ROPS 23-24 for the Successor Agency Board's review and approval.
FISCAL IMPACT:
Proposed ROPS 23-24 expenditures to be paid from the Redevelopment Property Tax Trust Fund (RPTTF) total $1,590,452. Non -administrative enforceable obligations total $1,469,576 while the administrative overhead request totals $120,876. The administrative overhead request represents an approved allocation amount that the Successor Agency is authorized to receive pursuant to Health and Safety Code 34171.
Prepared by:
A f -6r bfic-
BritMo , Jan ette
St ff o S..ccessor Agency A ist nt t• ' e City Administrator/ Econ rnic Development Manager
Reviewed and approved:
Reviewed and approved:
Jennife La Aman
Director of Finance
Reviewed and a
Damien R. Arrula
City Administrator/Executive Director
Attachments:
1. Successor Agency Board Resolution RSA -2023-01 — Approving and Adopting the ROPS for 2023-24
2. Recognized Obligation Payment Schedule for July 1, 2023 to June 30, 2024 (ROPS 23-24)
RESOLUTION NO. RSA -2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF PLACENTIA, APPROVING AND ADOPTING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 (ROPS
23-24)
A. Recitals.
(i) On December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding ABx1 26 ("Dissolution Act") largely constitutional.
(ii) The Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Redevelopment Agency for the City of Placentia ("former Agency"), were dissolved on February 1, 2012.
(iii) On January 17, 2012, the Placentia City Council adopted Resolution No. R- 2012-03 accepting for the City, the role of Successor Agency to the former Redevelopment Agency ("Successor Agency").
(iv) California Health and Safety Code § 34177 provides that before each twelve- month fiscal period, successor agencies to former redevelopment agencies must prepare a Recognized Obligation Payment Schedule ("ROPS") for the enforceable obligations of a former redevelopment agency. The next twelve-month period for which a ROPS is required is the period that commences on July 1, 2023 and ends on June 30, 2024 ("ROPS 23-24").
(v) The City Council, in its capacity as the Successor Agency, desires to adopt this Resolution approving the ROPS 23-24 in accordance with California Health and Safety Code § 34177, which covers the twelve-month fiscal period that commences on July 1, 2023 and ends on June 30, 2024.
(vi) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY 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.
Resolution RSA -2023-01 ATTACHMENT 1
2. The City Council, acting in its capacity as the Successor Agency, approves and authorizes transmittal of the ROPS 23-24, covering the period of July 1, 2023 through June 30, 2024, in substantially the form attached hereto as Exhibit "A", as required by State law.
3. In retaining the responsibilities of the Redevelopment Agency of the City of Placentia as provided in California Health and Safety Code § 34177, the City Council expressly determines, recognizes, reaffirms, and ratifies the statutory limitation on the City and the City Council's liability in retaining the responsibilities of the Redevelopment Agency of the City of Placentia under AB X1 26, AB 1484, and SB 107. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City's service as the Successor Agency to the Redevelopment Agency of the City of Placentia as provided in this Resolution.
4. The City Administrator, or his designee, hereby is authorized and directed to submit the ROPS 23-24 set forth in Exhibit "A" to the Oversight Board for approval and transmittal to all required County and State agencies as well as to post the ROPS 23-24 on the Successor Agency's website.
PASSED, APPROVED and ADOPTED THIS 11TH DAY OF JANUARY 2023.
Ward Smith, Chairman
ATTEST:
Robert McKinnell, Agency Secretary
Resolution RSA -2023-01 ATTACHMENT 1
I, Robert McKinnell, Secretary of the Successor Agency to the Redevelopment Agency of the City of Placentia do hereby certify that the foregoing Resolution No. RSA -2023-01 was adopted at a regular meeting of the City Council acting as the Successor Agency to the Redevelopment Agency of the City of Placentia held on the 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, Agency Secretary
APPROVED AS TO FORM:
Christian L. Bettenhausen, General Counsel
Resolution RSA -2023-01 ATTACHMENT 1
Exhibit A:
Recognized Obligation Payment Schedule for July 1, 2023 to June 30, 2024 (ROPS 23-24)
(SEE STAFF REPORT ATTACHMENT 2)
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Placentia
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)
F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
Certification of Oversight Board Chairman:
23-24A Total
(July -
December)
23-24B Total ROPS 23-24
(January - Total
June)
$ 37,583
$
- $ 37,583
37,583
$ 633,271
37,583
$ 957,181 $ 1,590,452
572,833
60,438
896,743 1,469,576
60,438 120,876
$ 670,854 $ 957,181 $ 1,628,035
Name
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature
Title
Date
A
B
Item Project Name
4 2003 COPs
City
Reimbursement
c
Obligation
Type
D
E
F
Agreement Agreement
Execution Termination Payee
Date Date
Miscellaneous 11/01/
2003
9 Trustee Fees Fees
01/01/2028 City of
Placentia
07/01/ 08/01/2032 US Bank
2014
15 Administrative Admin Costs 07/01/
Overhead 2016
19 Bond
Administration
29 2013 Tax
Allocation
Refund Bond
32 2013 Tax
Allocation
Refund Bond
36 Real Property
Transaction
(312 S.
Melrose)
between City of
Placentia and
Redevelopment
Agency
37 Real Property
Transaction
(110 S.
Bradford Ave)
between City of
Placentia and
Redevelopment
Agency
Fees
08/01/2032 City of
Placentia
08/19/ 12/31/2032 Kosmont
2008 Transactions
Services
Refunding 12/03/
Bonds Issued 2013
After 6/27/12
Reserves
City/County
Loan (Prior
06/28/11),
Property
transaction
City/County
Loan (Prior
06/28/11),
Property
transaction
08/01/2032 US Bank
12/03/ 08/01/2032 US Bank
2013
01/20/ 06/30/2023 City of
2009 Placentia
01/20/ 06/30/2022 City of
2009 Placentia
Placentia
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024
G H I J K L M N 0 P
ROPS 23-24A (Jul - Dec)
Description
Project Total
Area Outstanding
Obligation
$12,754,134
Amended & Merged 2,088,966
Restated
Reimbursement
Agreement
Trustee Fees Merged 22,500 N $2,250
for US Bank
ROPS
Retired 23-24
Total Bond Reserve Other RPTTF Admin
Proceeds Balance Funds RPTTF
$1,628,035 $- $- $37,583 $572,833 $60,438 $670,854
Fund Sources
Q R S
23-24A
Total
N $417,291 - 381,123 - $381,123
bond proceed
holder
Allocated Merged 1,200,000 N $120,876
overhead for
SA/OB
operations
Continuing
disclosure 2013
Bonds
2013 Tax
Allocation
Refund Bond
2013 Bond
Debt Service
Reserve
Real Property
Transaction
(312 S.
Melrose)
between City of
Placentia and
Redevelopment
Agency
Merged 12,500 N $1,250
Merged 1,978,338 N $339,538
Merged 7,400,000 N $695,000
Merged 51,830 N $51,830
Real Property Merged - N $-
Transaction
(110 S.
Melrose)
between City of
Placentia and
Redevelopment
Agency
2,250
- $2,250
- 60,438 $60,438
- 175,213
- 37,583 14,247
$-
- $175,213
$-
- $51,830
$-
T
iii
ROPS 23-24B (Jan - Jun)
Bond
Proceeds
Fund Sources
Reserve Other
Balance Funds
RPTTF
$- $-I $1$896,743
- 36,168
w
23-24B
Admin Total
RPTTF
$60,4381$957,1811
- $36,168
- 60,438 $60,438
- 1,250
- 164,325
- 695,000
- $1,250
- $164,325
- $695,000
1 Placentia
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (I), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C 0
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
E
Fund Sources
F
G
Bond Proceeds
Reserve Balance
Other Funds
RPTTF
Bonds issued Bonds issued
on or before on or after
12/31/10 01/01/11
Prior ROPS
RPTTF and
Reserve Rent, grants, Non -Admin
Balances retained interest, etc. and Admin
for future
period(s)
H
Comments
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor -Controller
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
23 No entry required
37,583
6 Ending Actual Available Cash Balance (06/30/21)
CtoF=(1+2-3-4),G=(1+2-3-4-5)
$-
$23
$-
$37,583
1,954,111
1,859,405
94,706
$-
Item #
4 Placentia
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Notes/Comments
9 Trustee Fees
15 19
29 32
36 37
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE JANUARY 10, 2023
APPROVAL OF PLANS & SPECIFICATIONS AND AWARD OF CONSTRUCTION CONTRACT TO TTS ENGINEERING INC., FOR PHASE I CONSTRUCTION OF THE PLACENTIA PUBLIC SAFETY CENTER PROJECT, PROJECT NO. 5213, AND APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT WITH TOTUM CORPORATION FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES, AND APPROVE
PROFESSIONAL SERVICES AGREEMENT WITH GEOCON INC., FOR
GEOTECHNICAL TESTING AND INSPECTION SERVICES
FISCAL
IMPACT: EXPENSE: $ 1,324,000
$ 132,400
$ 338,000
$ 54,000
$ 1,848,400
SUMMARY:
TOTAL CONSTRUCTION CONTRACT AMOUNT
TOTAL CONSTRUCTION CONTINGENCY AMOUNT
TOTAL CM & INSPECTION CONTRACT AMOUNT
TOTAL GEOTECHNICAL CONTRACT AMOUNT
TOTAL AMOUNT
AVAILABLE
BUDGET: $ 5,007,150 FISCAL YEAR 2022-23 CIP BUDGET
(105213-6850 JL# 229999-6850)
A contract to construct the Phase I improvements for the Placentia Public Safety Center is presented to the City Council for its consideration and approval to allow work to begin on this project. The project has been phased to allow the construction of the steel Butler Building, which will house the Police Department's property and evidence collection operations, to move forward ahead of the construction of the main building. This will ensure that portion of the project is completed before the lease on the City's currently rented facility expires at the end of 2023.
Competitive bids were solicited from prequalified contractors and the apparent low bid was submitted by TTS Engineering Inc (TTS). After a review and reference check, Staff has concluded that TTS has submitted the lowest responsive, responsible bid, and staff recommends the City Council award a construction contract for Phase I construction of the Placentia Public Safety Center to TTS. In addition, Amendment No. 2 to the City's existing agreement with Totum Corporation for construction management and inspection services is presented to the City Council
3.a.
Jan 10, 2023
City Council Agenda
January 10, 2023
for its consideration to provide added work scope and fee to provide full time construction management and inspection services on this project. The fee and work scope covers both project phases. Totum will oversee both contractors' work and ensure that the building is built per plan, provide coordination between the design and construction teams, and act as the owner's representative. A separate professional services agreement with Geocon Inc., to provide geotechnical testing and inspection services is also presented for Council consideration. Geocon prepared the geotechnical report and analysis for this project and provided engineering design criteria for the building foundations. A separate agreement with Geocon is proposed so that they may provide compaction testing and grading inspection services to ensure the foundation built meets their design criteria.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the engineered and architectural construction plans & specifications prepared by PBK Architects, Inc., and approve a Public Works Agreement with TTS Engineering Inc., for Phase I Construction of the Placentia Public Safety Center in the amount of $1,324,000; and
2. Reject all other bids received and authorize return of the bid bonds; and
3. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $132,400, for a total construction contract not -to - exceed amount of $1,456,400; and
4. Approve Amendment No. 2 to a professional services agreement with Totum Corp for project construction management and inspection services in the amount of $338,000; and
5. Authorize the City Administrator to approve contract change orders up to 10%, or $33,800; and
6. Approve a professional services agreement with Geocon Inc., for project geotechnical testing and inspection services in the amount of $54,000; and
7. Authorize the City Administrator to approve contract change orders up to 10%, or $5,400; and
8. Authorize the City Administrator to approve all agreements in a form approved by the City Attorney.
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.
City Council Agenda
January 10, 2023
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 emergency 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 II 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 to allow the Butler Building to be erected as a stand-alone effort to complete and occupy 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 April 2024.
Given the complexity of 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 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 I construction and were asked to submit competitive bids. A separate contractor prequalification process for Phase II construction has also been undertaken. The City received bids for Phase I on November 28, 2022, however the low bidder, TTS Engineering, Inc., advised the City that it had made several errors in calculating its bid and asked to withdraw its bid. Based on the cost differential between the low bidder and the second low bidder Staff recommended to the City Council that it reject all bids received and authorized soliciting new bids which was affirmed by the City Council.
On December 19, 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
TTS Engineering, Inc.
Legion Contractors, Inc.,
Bid Amount
$1,324,000
$1,467,000
City Council Agenda
January 10, 2023
Caliagua, Inc.
Facility Builder and Erectors
Sully -Miller Contracting Company
$1,630,760
$1,647,292
$2,385,000
After reviewing the bid proposals received, it was determined that TTS Engineering, Inc., (TTS) submitted the lowest responsive and responsible bid. Based on a reference check of TTS and the submitted bid, Staff recommends awarding a construction contract to TTS to construct this project.
It is anticipated that work will begin in early February and this phase of the project should be completed by the end of May 2023.
The City currently contracts with Totum Corp for construction management (CM) and inspection services as part of a City bench list of CM consultants. Totum has successfully provided these services on prior projects, specializes in building construction and has a great deal of experience in building essential safety facilities. Totum has provided pre -construction services on this project by providing constructability reviews on the various construction plans and technical specifications as well as led the contractor pre -qualification process and has functioned as the owner's representative by coordinating final design and construction elements with the City's design team and facility end-users. An amendment to the City's existing agreement with Totum is presented for City Council consideration and approval. The work scope and fee under this amendment covers both project construction phases.
The City previously contracted with Geocon Inc., when it first began this project to conduct a geotechnical survey and report of the project site. The report analyzed soil samples taken from the project site coupled with historical geological information regarding the site to develop design recommendations for the building's foundation and footings. The data was utilized by the City's design team as a basis for design of the new building. During the course of construction, it is highly recommended that the project geotechnical engineer conduct site visits and inspections of the building grading operations and take soil samples for testing to ensure that the grading and earthwork is completed pursuant to the design specifications. Additional testing and inspection of the building's foundation and footings during construction is also highly recommended. Therefore, a separate professional services agreement with Geocon to provide these inspection and testing services is also presented to the City Council for its consideration and approval.
FISCAL IMPACT:
The total construction cost for Phase I of the Public Safety Center Project amounts to $1,848,400.
This cost consists of the bid amount submitted by TTS in the amount of $1,324,000, and a construction contingency in the amount of $132,400. In addition, construction management and inspection costs total $338,000 and geotechnical inspection and testing services amounts to $54,000. A total of $6,250,000 has been budgeted thus far for this project. Accordingly, sufficient funds exist for the recommended actions.
City Council Agenda
January 10, 2023
Prepared by:
Masoud S
City Engi
Luis Estevez
roved:
1 Reviewed and approved:
JenrSifef Lampman
Director of Finance
Reviewed and approved:
m
Damien R. Arrula ------�
Deputy City Administrator City Administrator
Attachments:
1. Public Works Agreement with TTS Engineering, Inc.
2. Amendment No. 2 with Totum Corp
3. Professional Services Agreement with Geocon Inc.
Project No. 5203
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE I
THIS AGREEMENT (herein "Agreement"), is made and entered into this 10th day of January 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and TTS Engineering, Inc., (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Phase I of the Placentia Public Safety Center as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean a (California corporation, located at 10731 Chestnut Avenue, Stanton, CA 90680.
(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.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
1 Rev. 08/2017
Project No. 5203
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2.6 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. 2 Rev. 08/2017
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Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re- perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to 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 3 Rev. 08/2017
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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 Prevailina Waae Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of One Million Three Hundred Twenty Four Thousand Dollars ($1,324,000) (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 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.
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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 Majeure. 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 January 9, 2024, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Timothy Wilson, President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, 5 Rev. 08/2017
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assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site 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.
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(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
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 7 Rev. 08/2017
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receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor 8 Rev. 08/2017
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agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during 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 9 Rev. 08/2017
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to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may 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 10 Rev. 08/2017
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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 Governina Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-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 11 Rev. 08/2017
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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 Damaaes. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
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.: Luis Estevez, Deputy City Administrator
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To Contractor:
TTS Engineering
Timothy W. Wilson, President
10731 Chestnut Avenue
Stanton, CA 90680
8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 fnteruretation. 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 13 Rev. 08/2017
Project No. 5203
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 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 14 Rev. 08/2017
Project No. 5203
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, Tess 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.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third-Partv Beneficiary Riahts. 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 Headinas. 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 15 Rev. 08/2017
Project No. 5203
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 or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY OF PLACENTIA,
A municipal corporation and Charter City
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
16 Date:
Rev. 08/2017
Project No. 5203
CONTRACTOR
Signature
V, t A n.\15brk Tki d
Name and Title
q y - S LM \ 023
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Deputy City
Administrator
17 Date:
Date:
Date:
13 I 2-0 "2-3
Rev. 08/2017
Project No. 5203
Bond Number: 107657344
Bond Premium: Included in
Performance Bond
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, TTS Engineering Inc as Principal, has
entered into a contract dated December 22. 2022 , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: Placentia P0.U4 $ tQety Center Project and all appurtenant work in accordance with PROJECT NO. 5203 , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, TTS Engineering Inc , as Principal,
and Travelers Casualty and Surety Company of America . a corporation organized under the laws of Connecticut 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 One Million Three Hundred Twenty Four Th9.1,1.$and Dollars ($ 1,324,000 .00I, lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 5203
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 December 20 22.
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
TTS Engineering Inc
Principal
By
Title
22nd day of
Travelers Casualty and Surety Company of America
Principal
By (--0he
Natalie Guillozet, Attorney -In -Fact
Title
TRAVELERS J
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Natalie Guillozet of FRESNO , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss.
Robert L. Raney enior Vice President
On this the 21st day of AprII, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 22nd day of December
, 2022 .
Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorneys) -in -Pact and the details of the bond to which this Power of Attorney is attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Fresno
On \ 2 - 21- 202-x- before me. Jennifer Benavides, Notary Public Date Here Insert Name and Title of the Officer
personally appeared NJ C&# G A i P_ C i t
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personk whose names islal‘ subscribed to the within instrument and acknowledged to me that Wshe/tidy executed the same in Ftis(herltlr authorized capacity ilk. ), and that by I isLher/th'ekr signatureN.on the instrument the person&, or the entity upon behalf of which the personfs)..acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
JENNIFER BENAWOES
COMM. #2288968 z
Notary Public • California
Fresno County
My Comm. Expires May 18, 2023 t
Signature
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee
❑ Other:
Signer Is Representing:
❑ Guardian or Conservator
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Cl Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1711672I .w...A.n rar .:.snen.w ,.s Km : k.A.•~v
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Project No. 5203
(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.
`' 7v -e%‘ ck vL : - m DT vii T(�cr
GI 1 tac i -4 --
Business Address:
10131 Cyvcsmu✓k iAvty L( .
iA avc% cA , uc °IoI�P a
Telephone Number: 111-k-1540— 62V4lt?
Date:
Print Name: 11 ntAh .l 1111i.b\1/
Principal
Signature:
Title
4 Project No. 5203
TAX IDENTIFICATION NUMBER
(Use of City form
is required)
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 X Telephone (11,1) _V -1O - (¢.341Q
CORPORATION: `CTS-1ACS\vQ X W\4 i Zh u
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: IVv&4.tt1ate: 1 1 1 23
Project No. 5203
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO. 5203
As a material inducement to the City to award the contract for Project No. SaOY to i\fe i s bey—, the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarar hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: 'P1GlUQyial 1iL (S0±-0.4 ("the work").
CErti-C rQ.t. — pNabe.
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date: ' 1 2.0 -2 --
Contractor: dli►nCef I\'\L By:
Title: C kal)A-
Project No. 5203
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
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:
Ori ' 13 z at S Arth..r, California.
Firm -1-1-S vi..
Street 1U151 CII( c&rytu a'l AC
City S o.vvbn State C Zip ei,Dt.iLeitS.)
,(Signature)
(Print Name & Title)
Project No. 5203
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
Bond Number: 107657344
Bond Premium: $13,157.00
TTS Engineering Inc
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to A A .. a California corporation (hereinafter "Principal"), an Agreement, dated i7ecem er 2220 22 ("Agreement") whereby Principal agreed to provide construction services including Pjacentia Public Safety Ceuter Proiect WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
TTS Engineering Inc Travelers Casualty and Surety Company of America NOW, THEREFORE, we, AA ., as Principal, and AA as Surety, are held and firmly bound unto the City in the sum of One Millon Thrrr Henrirr d TwYnty Fnnr Thnncanri Dollars ($ 1.324.000) 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 22nd day of Decemb{r 2022_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal) (Seal)
Project No. 5203
SURETY
By
Travelers Casualty and Sure Car pany of merict PRINCIPAL TTS Enginee By X
Natalie Guillozet, Attorney -1n -Fact
One Tower Square
Hartford CT 06183
APPROVED:
ADDRESS
CITY ATTORNEY
INSTRUCTIONS
11. 10731 Chesnut
Avenue, Stanton, CA 90680.
ADDRESS
Two (2) Notarized Signatures required from all
Corporations.
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of Placentia must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
7RAVELERer
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Natalie Gulllozet of FRESNO , California their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognlzances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss. -obert L. Rano enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
WOTAN',
.1+
p1510
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Execu ive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds, reconnizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Altomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 22nd day of December , 2022 .
Kevin E. Hughes, Ass$ tont Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 't',r. r=Y•.e=1. v^ i.snvA�tin.ae�ie� :•.-.K',nfac^(`,c=^t• —(7'? " A. r= Ai3','" - [.gena¢ +.,7,.--r'L.Z7egr,". .glnpd 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 Fresno
On \2 - 7 7 --LEY-Z.7_ before me,
Date
personally appeared
Jennifer Benavides, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name) is/arg subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hie:/her/their authorized capacity{ ), and that byhis/her/their signature(s,Lon the instrument the persor€14, or the entity upon behalf of which the person($acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
i NNIFER BENAVIf]E5
o - Ott COMM. #2288968 2
Notary Public ' California
Fresno County
My Comm. Expires May 18, 2023 i
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
0 Attorney in Fact
0 Guardian or Conservator
Document Date:
❑ Individual
0 Trustee
0 Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
0 Partner — 0 Limited 0 General
0 Individual ❑ Attorney in Fact
❑ Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
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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 QYa r)
On Ternwawl
personally appeared
S.S.
before me, Linda Kay Ganci, Notary Public
IIro W- VAIsm,-)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand : official seal.
OPTIONAL INFORMATION
r.*rforier;i! oil ,Rrl tins not roq IIad by ldTI'. it could memo/ haw -11110g rf rncvai and teatta.:hrnonf of ;i±:1.1. rrwWpinont to an unauthorized douuniertf and way pr'o've useful to persons telyintr on The attached document a
2 LINDA KAY GANCI
COMMISSION # 2329953
Notary Public - California N
COUNTY Of ORANGE
Comm. Exp. JULY 24, 2024
4>.. 4
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a Cf.hOf protea
document titled/for the purpose of
containing
pages, and dated
The signer(s) capacity or authority is/are as
Individual(s)
Attorney-in-fact
_ Corporate Officer(s) .
Guardian/Conservator
Partner - Limited/General
Trustee(s)
Other:
representing:
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
form(s) of identification I, I credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
i Additional Signer El Signer(s) Thumbprints(s)
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California Ali -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of C)(C 3'rje
On jo...h)M .5, 020-3 before me, Linda Kay Ganci, Notary Public Tim
s.s,
personally appeared
� 6
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and o ial seal.
.' t.1,. • Public
a
LINDA KAY GANCI
COMMISSION # 2329953 D
Notary Public - California N
COUNTY 01 ORANGE
Comm. Exp. JULY 24, 2024
OPTIONAL INFORMATION
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Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of nt'f"i�' o1 .k t i & containing pages, and dated
The signer(s) capacity or authority is/are as:
Individual(s)
Attorney-in-fact
_, Corporate Officer(s)
i. Guardian/Conservator
Partner -• Limited/General
_ 1 Trustee(s)
i Other:
representing: _
TrnatiOn
Method of Signe' Identification
Proved to me on the basis of satisfactory evidence:
34 form(s) of identification credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other _-------- -- --
111 Additional Signer i Signer(s) Thumbprints(s)
..-- ,• . ...r :n- .. �, nrTiS'•-T'cT-,,�•, w.•, nC-au;,x r -•.6x..4'.411 ,_QS' rs., , 1.•1 r I, , , i,., •r,r-,:. rl VIVAX. 1 I1F:NolarysSfore.co'n
Project No. 5203
EXHIBIT A
SCOPE OF SERVICES
The scope of services under this contract are contained within the approved engineered project improvement plans and technical specifications prepared by PBK Architects and are incorporated herein by reference.
Project No. 5203
EXHIBIT B
SCHEDULE OF PERFORMANCE
Once TTS Engineering, Inc., has been issued a formal Notice to Proceed by the City it will have a total of 72 working days to complete the project.
Project No. 5203
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.
General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required
Project No. 5203
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
Project No. 5203
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2_ Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self-insured retention shall be shown on the Certificate
Project No. 5203
of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the state of
Project No. 5203
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.
Project No. 5203
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Project No. 5203
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.
SECTION C
PROPOSAL
for the
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE I
CITY PROJECT NO. 5203
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scone of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Seventy Two (72) working days, starting from the date of the Notice to Proceed or liquidated damages of $2,500 per day will be applied. Time is of the essence.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY 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 CITY 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 fmal compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY 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. If at such time the contract is not awarded, the CITY will reject all bids and will re -advertise the project. In the case of discrepancies m the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
C-1
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 CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void.
Accompanying this PDF proposal of bid, find Bidder's Bond in the amount of $ 1 O% of this bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the CITY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received Bidder' atune
Addendum 1 12/14/22
Addendum 1a 12/16/22
C-2
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE 1
CITY PROJECT NO. 5203
BID SCHEDULE
ITEM
NO.
ITEMS DESCRIPTION
QUANTITY
UNIT
TOTAL
Phase 1 Improvements, complete in -
1. place, per approved plans and technical 1
specifications.
TOTAL BID PRICE WRITTEN IN FIGURES: $
TOTAL BID PRICE WRITTEN IN WORDS:
PREQUALIFIED BIDDER'S NAME AND ADDRESS:
C-3
LS
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
Couuntyy of Orange
va \jl .�1 `b� N, being first duly sworn, deposes and says that he or she is Pa S`. of `-r-IS • ' the party making the
foregoing bid that the bid is not made in the interest of, on the be alf 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.
Tim Wilson
Name of Bidder
Signa f Bidder
10731 Chestnut Ave, Stanton CA 90680
Address of Bidder
Subscribed and sworn to before me this 19 day of December , 2022.
NOTARY PUBLI
C-5
KELLY S. GILBERT
Notary Public - California
Orange County
Commission # 2418613
My Comm. Expires Sep 27, 2026
NOTARY SEAL
CALIFORNIA JURAT WITH AFFIANT STATEMENT
GOVERNMENT CODE § 8202
•
[1 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 6 Sig of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California
County of
KELLY S. GILBERT
Notary Public' California
Orange County
Commission # 24186132026 r
My Comm. Expires Sep 27, `
Place Notary Seal Above
Subscribed and sworn to (or affirmed) before me
on this 1 Q' day of \ , 20_a_
by Date cMonth Year
(1) . . . \,,,.k . \\,6M J�
(2)
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the perso (s) who appeared before me.
Sign
S'� ature c Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Vt.. Q-o\\a �`w 4___
Document Date: � l 4.
Signer(s) Other Than Named Above:
Number of Pages:
© 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PLACENTIA PUBLIC SAFETY CENTER PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.
Date: 12/19/2022
C-6
TTS Engineering
Contractor
By ilson
President
Title
7 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.
Date:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 12/19/2022
C-7
TTS Engineering
Contractor
By Tim
President
Title
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the CITY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number: Not yet called In.
TTS Engineering
Contractor
By
President
Title
12/19/2022
Date:
ilson
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the CITY upon request.
C-8
DESIGN ENGINEER MAY NOT BID ON
CONSTRUCTION CONTRACT
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons(s), through joint ownership or otherwise.
ACKNOWLEDGED this 19 day of December
8:00 AM at TTS Engineering
AutboCr<d Signature
Tim Wilson - President
Position
TTS Engineering
Company
C-9
, 2022 at
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE
1 CITY PROJECT NO. 5213
BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS,
That TTS Engineering Inc , as PRINCIPAL, and
Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of said SURETY here under exceed the sum of $ Ten Percent (10%) of Bid Amount
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above-mentioned bid to the City of Placentia for certain construction for which bids are to be opened at the City Hall of the City of Placentia, 401 East Chapman Avenue, Placentia, California on XXXX, 2022 for:
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE
1 CITY PROJECT NO. 5213
NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE
1 CITY PROJECT NO. 5213
In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.
BY:
BY:
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 15th day of December 2022.
PRINCIPAL
Title
TO.t:t \>16, C VLCA.Cr
Title
SURETY
Li/ did, ,14
Natalie Guillozet, Attorney -In -Fact
1753 E Fir Ave; Fresno CA 93720
Address
(SEAL) (SEAL)
TRAVELERS J*
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Natalie Guillozet of FRESNO , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 15th day of December , 2022 .
�L w r•
d Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C�i^��..��f•.�Z��ic'�ti>' a��c�'�?„cY7.rl.�. e?.c'�e:.F:e:,�;c:.t�:.c-:c �.c=off?'_.c-�J'-s-�R.r-�A.c,f.`.�.�iP.�'.�.�i',ut0,hcb.�'.�.i�fa�:!".rZ' ^. eF�,. �c�i�k�o��^.�".�R 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 Fresno
On \2- 15- 2022 before me, Jennifer Benavides, Notary Public Date Here Insert Name and Title of the Officer
personally appeared N CLAG..\ 1 P, ( U.. l \ (O "4 -la* Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name( subscribed to the within instrument and acknowledged to me that he/she/they executed the same in */her/tNir authorized capacity(*, and that by liiWher/tl it signature(s).on the instrument the person(* or the entity upon behalf of which fhe person(s.)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
JENNIFER BENAVIDES
COMM. #2288968 z
Notary Public • California o
Fresno County
MY Comm. Expires May 18, 2023 f'
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Document Date:
Named Above:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
>�:v�w� www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
BID BOND
ACKNOWLEDGMENT OF SURETY
STATE OF CrL\`. {Dr % j
County of fl _ )
ss
On this 14 day of %1>'\ tie r_. ,L , 2022, A.D.
---V: C ,U, i�i,„. personally ap eared before me a
(Notary Public,'Judge or Other Officer) X
in and for t)r� 4 _ County, State of C ca; 41. rvC 1 r9--5 known to me to be th4 91/.1.5", 0.1., --- of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. .) c .
otary Pl lic, Jud
r Other Officer)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of 0
On �` 1Q 7-7 before me,
Date
personally appeared
KELLY S. GILBERT
Notary Public - California Z
Orange County
Commission # 2418613
My Comm. Expires Sep 27, 2026
Place Notary Seal Above
}
£`V�.CAL it
N me and Title of the Officer'
`13
1 1, v--°
Name(s) of Signers
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my han• and official seal.
Sign _
nature . Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document'�QQ
Title or Type of Document: Ivy
Document Date: a l
Number of Pages: 11 Signer(s) Other Than Named Above:
Capacity(ies)
Signer's Name:
laimed by Signer(s)
�t1- y C1c Signer's Name:
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Attorney in Fact
❑ Guardian or Conservator
Signer Is Representing: c.
❑ Corporate Officer — Title(s):
C:] Partner — [:J Limited Ji General
❑ Individual _I Attorney in Fact
❑ Trustee H Guardian or Conservator
L1 Other:
Signer Is Representing:
© 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Mayor
RHONDA SHADER
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
CRAIG S. GREEN
WARD L. SMITH
JEREMY B. YAMAGUCHI
General
The People are the City
401 East Chapman Avenue - Placentia, California 92870
Placentia Public Safety Center Phase 1
BID ADDENDUM NUMBER 1
Wednesday, November 16, 2022
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, additions, or deletions shall be made to the following documents as indicated; and all other conditions shall remain the same:
I Q&A / City Comments
Item Number
1. Based on the questions received, see the following notes / clarifications:
a) There is a bond for the waste management. Please see the project manual. This shall be enforced.
b) Bidders shall include an allowance of $6,000 for controlled demolition of the 6 trees on site. The trees may be required to be salvaged for re -use by an organization. This additional $6,000 allowance is above and beyond the base bid, which shall include requires a complete removal and disposal.
c) The soils report has been uploaded to the bidders drop box. d) Mobile command storage shall be relocated up to 200 ft away from the current location.
e) Capping of all underground utilities shall be in accordance with industry standards. f) No methane study is available not required.
g)
Over -excavation shall be for both building pads, so we have a rough graded pad ready for Phase 2. The Butler pad shall be finish graded so Phase 1 contractor can pour the concrete slab
h) The City shall assist with exact placement of stub outs for utilities and City team shall "sign off' prior to slab pour
i) The City does not have a location on site for export of spoils. Contractor to remove from site and dispose of accordingly.
Utilities shall be stubbed out as shown on the Exhibit "X" attached. Note that the SCE work is a placeholder until final SCE plans are provided. Bidders shall base their bid scope as per Exhibit "X" "Y" and "Z"
j)
Addendum
Mayor
RHONDA SHADER
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
CRAIG S. GREEN
WARD L. SMITH
JEREMY B. YAMAGUCHI
The People are the City
401 East Chapman Avenue - Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
k) See Exhibits ""X", "Y" and "Z" attached for scope of work area.
I) All swales and catch basins shown within the project scope boundary shall be part of the phase 1 Bid scope.
m) The project duration shall be 72 working days (14.4 calendar weeks = — 3.5 calendar months)
n) Bids are due at 10am on Monday November 28, 2022, in lieu of 5pm. We cannot offer any time extension as the timing is critical to get bids and award. The awarded contractor will be required to expedite all paperwork such as insurance and performance bonds.
o) Bids are required to be uploaded to Planet Bids. This includes Bid and Bid Bond. p)
q)
Documents shall be uploaded to Plan Bids no later than Thursday November 17tH They are all on the drop box.
The scope should only include grading and underground utilities to 5' out from the slab except at the Butler slab. All curb and gutters and paving are being completed in Phase 2
r) Permits shall be funded by the City directly with a charge point. s) Contractor shall provide chain link fence and gates for the boundaries shown on the plans attached hereto. The fence and gates shall be required to be adjusted as needed as work is carried out and completed to enable PD to utilize their parking as much as possible.
t) Reminder that this is a secure site. Passes and identification will be required for all workers.
u) All necessary site construction survey shall be by the contractor. v) Onsite Electrical Power / Construction Water. Is onsite power and water accessible to the Prime Contractor for the purpose of construction? Yes. w) Onsite HMA / AC work. What AC type / binder is the owner desire? For new site AC and for the Overlay area??? Response: That work is under Package 2. There is no asphalt or concrete flatwork for this phase, only site demolition, rough grading, CMU retaining wall north property, site underground utilities, certified pad for the future Public Safety Building and footings/slab and under -slab utilities for the Butler Building END OF BID ADDENDUM NUMBER 1
Addendum
Mayor
RHONDA SHADER
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
CRAIG S. GREEN
WARD L. SMITH
JEREMY B. YAMAGUCHI
The People are the City
401 East Chapman Avenue - Placentia, California 92870
Placentia Public Safety Center Phase 1
BID ADDENDUM NUMBER 1
Wednesday, November 16, 2022
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
General
The following changes, additions, or deletions shall be made to the following documents as indicated; and all other conditions shall remain the same:
I Q&A / City Comments
Item Number
1. Based on the questions received, see the following notes / clarifications:
a) There is a bond for the waste management. Please see the project manual. This shall be enforced.
b) Bidders shall include an allowance of $6,000 for controlled demolition of the 6 trees on site. The trees may be required to be salvaged for re -use by an organization. This additional $6,000 allowance is above and beyond the base bid, which shall include requires a complete removal and disposal.
The soils report has been uploaded to the bidders drop box.
Mobile command storage shall be relocated up to 200 ft away from the current location.
Capping of all underground utilities shall be in accordance with industry standards.
No methane study is available not required.
Over -excavation shall be for both building pads, so we have a rough graded pad ready for Phase 2. The Butler pad shall be finish graded so Phase 1 contractor can pour the concrete slab
The City shall assist with exact placement of stub outs for utilities and City team shall "sign off' prior to slab pour
The City does not have a location on site for export of spoils. Contractor to remove from site and dispose of accordingly.
Utilities shall be stubbed out as shown on the Exhibit "X" attached. Note that the SCE work is a placeholder until final SCE plans are provided. Bidders shall base their bid scope as per Exhibit "X" "Y" and "Z"
Addendum
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
General
The People are the City
401 East Chapman Avenue - Placentia, California 92870
Placentia Public Safety Center Phase 1 (Re -Bid)
BID ADDENDUM NUMBER 1 Re -Bid
Monday, December 12, 2022
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, additions, or deletions shall be made to the following documents as indicated; and all other conditions shall remain the same:
I Q&A / City Comments
Item Number
1) All prior Bid Addendum, as uploaded onto the drop box and on PlanetBids shall apply. Some items may be superceded in future issued Bid Addendum.
2) Complete DWP plans have been provided. The scope shown on the DWP plans shall replace the "preliminary scope" provided in the site package. Contractor shall include all underground work. 3) Whilst DWP do their crossover, the CNG station will need to powered by a generator for an assumed 4 weeks. Contractor shall include this within their Base Bid. Contractor electrician shall investigate the size of generator required.
END OF BID ADDENDUM NUMBER 1
Mayor
RHONDA SHADER
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
CRAIG S. GREEN
WARD L. SMITH
JEREMY B. YAMAGUCHI
The People are the City
401 East Chapman Avenue - Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
k) See Exhibits ""X", "Y" and "Z" attached for scope of work area.
I) All swales and catch basins shown within the project scope boundary shall be part of the phase 1 Bid scope.
m) The project duration shall be 72 working days (14.4 calendar weeks = — 3.5 calendar months)
n) Bids are due at 10am on Monday November 28, 2022, in lieu of 5pm. We cannot offer any time extension as the timing is critical to get bids and award. The awarded contractor will be required to expedite all paperwork such as insurance and performance bonds.
o) Bids are required to be uploaded to Planet Bids. This includes Bid and Bid Bond. p)
q)
Documents shall be uploaded to Plan Bids no later than Thursday November 17th They are all on the drop box.
The scope should only include grading and underground utilities to 5' out from the slab except at the Butler slab. All curb and gutters and paving are being completed in Phase 2
r) Permits shall be funded by the City directly with a charge point. s) Contractor shall provide chain link fence and gates for the boundaries shown on the plans attached hereto. The fence and gates shall be required to be adjusted as needed as work is carried out and completed to enable PD to utilize their parking as much as possible.
t) Reminder that this is a secure site. Passes and identification will be required for all workers.
u) All necessary site construction survey shall be by the contractor. v) Onsite Electrical Power / Construction Water. Is onsite power and water accessible to the Prime Contractor for the purpose of construction? Yes. w) Onsite HMA / AC work. What AC type / binder is the owner desire? For new site AC and for the Overlay area??? Response: That work is under Package 2. There is no asphalt or concrete flatwork for this phase, only site demolition, rough grading, CMU retaining wall north property, site underground utilities, certified pad for the future Public Safety Building and footings/slab and under -slab utilities for the Butler Building END OF BID ADDENDUM NUMBER 1
Addendum
A`R D® CERTIFICATE OF LIABILITY INSURANCE
TH15 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 thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
DATE (MMIDD/YYYY)
12/29/2022
PRODUCER
James G. Parker Insurance
License #0554959
P 0 Box 3947
Fresno
INSURED
T T S Engineering Inc
D B Equipment LLC
10731 Chestnut Ave
Stanton
CA 93650
CA 90680
COVERAGES CERTIFICATE NUMBER:
I CONTACT Carrie Stubblefield CISH
NAME:
IADDRESS:
PHONEoEx(559) 222-7722
7/1(C N. n:
£ T�AIL [email protected]
INSURER A:
INSURER B :
INSURER C :
INSURER D
INSURER E
INSURER F
22-23 GL IM UMB
INSURER(S) AFFORDING COVERAGE
Ascot Specialty Insurance Company
Scottsdale Insurance Company
XL Specialty Insurance Company
i, C Not (559) 222-1724
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 IN5R ALML auw POLICY EFF POLICY EXP
INSD WVD POLICY NUMBER (MMIDDIYYYY) IMM/DD/YYYY)
LTR
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE n OCCUR
A Y Y ESGL221000011902
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO, El
LOC
1 n JECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
X UMBRELLA LIAB
B EXCESS LIAB
DED RETENTION 5
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
OCCUR
CLAIMS -MADE
Rented/Leased Equipment
C Scheduled Equipment
YIN
N/A
XLS0123434
UM00109316MA22A
LIMITS
$ 1,000,000
$ 100,000
$ 5,000
$ 1,000,000
GENERAL AGGREGATE $ 2,000,000
$ 2,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea.occurrence)
MED EXP (Any one person)
02/26/2022 02/26/2023 PERSONAL &ADV INJURY
02/26/2022 02/26/2023 I
NAIL #
45055
41297
37885
PRODUCTS - COMP/OP AGG
Per Project Aggregate
GOMBINED SINGLE LIMIT
iEa acddenl)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
PER
STATUTE
01H -
I Eft
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
$1,000 Deductible $250,000
02/26/2022 02/26/2023 $1,000 Deductible Per Schedule
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project #5203 - Placentia Public Safety Center Project - Phase 1 - Placentia, CA. The City of Placentia, its officers, employees, representatives, attorneys, and volunteers are included as additional insured and insurance is primary and non-contributory with waiver of subrogation as per forms CG2010 0413, CG2037 0413, CG2001 0413 and CG2404 0509 attached. A per project aggregate applies as per form CGA354 0920 attached.
CERTIFICATE HOLDER
City of Placentia
401 E. Chapman Avenue
Placentia
CA 92870
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Policy #ESGL221000011902
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
(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., 2012 Page 1 of 1
POLICY NUMBER: ESGL2210000119-02 COMMERCIAL GENERAL LIABILITY CG 20 10 0413
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)
As required by written contract signed by both parties
prior to loss
Location(s) Of Covered Operations
All locations
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 B.
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 10 04 13
With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
© Insurance Services Office, Inc., 2012 Page 1 of 4
POLICY NUMBER: ESGL2210000119-02 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)
As required by written contract signed by both parties
prior to loss
Location And Description Of Completed Operations
All locations
1 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 B.
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
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 5
POLICY NUMBER: ESGL2210000119-02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization: As required by written contract signed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products -completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.
CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 3
Policy #ESGL221000011902
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT SUBJECT TO CAP
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s): All projects
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard", and for medi-
cal expenses under Coverage C regardless of
the number of:
a.
b.
c.
Insureds;
Claims made or "suits" brought; or
Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to the appli-
cable Designated Construction Project Gen-
eral Aggregate Limit.
CGA 354 09 20 Page 1 of 2 ❑
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section 1— Coverage A, and for all
medical expenses caused by accidents under
Section 1 — Coverage C, which cannot be at-
tributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products -completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.
C. When coverage for liability arising out of the
"products -completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products -completed operations hazard" will
reduce the Products -completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract-
ing parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will
still be deemed to be the same construction pro-
ject.
E. The provisions of Section 111 — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
F. Notwithstanding the foregoing or any other provi-
sion of this policy or any endorsement attached
thereto, the most we will pay under the Desig-
nated Construction Project General Aggregate
Limit for all Designated Construction Projects
combined is: $5.000.000
with its permission.
ARD D CERTIFICATE OF LIABILITY INSURANCE
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 thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
DATE (MM/DD/YYYY)
12/29/2022
PRODUCER
James G. Parker Insurance
License #0554959
P 0 Box 3947
Fresno
INSURED
CA 93650
T T S Engineering Inc
D B Equipment LLC
10731 Chestnut Ave
Stanton CA 90680
COVERAGES CERTIFICATE NUMBER: 22-23 BA WC
CONTACT Carrie Stubblefield CISR
NAME:
PHONE yy� (559) 222-7722 1 FAX (559) 222-1724
! EAIAfL Exn: IA1C, Na):
@ADDRILEss: [email protected]
INSURER(S) AFFORDING COVERAGE NAIL #
INSURERA: American Zurich Ins Co 40142
INSURER B : Zurich American Insurance 16535
INSURER C:
INSURER D
INSURER E :
INSURER F :
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. tNSR TYPE OF INSURANCE ADOL SUJBI{ POLICY EFF POLICY EXP LIMITS LTR NSD wVD POLICY NUMBER (MMIDD/YYYY) IMM/DDIYYYY)
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 17 OCCUR
Getri.AGORE9ATELIMIT APPLIES PER:
POLICY nT LOC
OTH5Fi;
AUTOMOBILE LIABILITY
X ANY AUTO
A OWNED SCHEDULED Y BAP106300804
AUTOS ONLY AUTOS
X HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
DED 1 I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N/A Y WC106300704
JEACH OCCURRENCE $
DAMAGE IORENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
IPERSONAL&ADV INJURY $
GENERAL AGGREGATE $
1 PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT $ 1,000,000
f Ea accidanl)
BODILY INJURY (Per person) $
10/01/2022 10/01/2023 I BODILY INJURY (Per accident) $
IPROPERTY DAMAGE $
IPer aseldenl)
EACH OCCURRENCE $
1 AGGREGATE $
IXI $
STATUTE I 1 ERH
1 E.L. EACH ACCIDENT $ 1,000,000
1 E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
10/01/2022 10/01/2023
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project #5203 - Placentia Public Safety Center Project - Phase 1 - Placentia, CA. The City of Placentia, its officers, employees, representatives, attorneys, and volunteers are included as additional insured and insurance is primary and non-contributory with waiver of subrogation as per forms CA2048 1013 and WC040306 0484 attached.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman Avenue
Placentia
CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
d:4-.5.45
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: BAP106300804 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: T T S Engineering Inc
Endorsement Effective Date: 10/01/2022
SCHEDULE
Name Of Person(s) Or Organization(s):
'ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE
ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON -
I CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO 1 LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13
© Insurance Services Office, Inc., 2011 Page 1 of 1
Wolters Kluwer Financial Services 1 Uniform Forms-""'
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 040306
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 0 % of the California workers' compensation pre- mium otherwise due on such remuneration.
Person or Organization
ALL PERSONS AND/OR
ORGANIZATIONS THAT
ARE REQUIRED BY
WRITTEN CONTRACT OR
AGREEMENT WITH THE
INSURED, EXECUTED
PRIOR TO THE
ACCIDENT OR LOSS,
THAT WAIVER OF
SUBROGATION BE
PROVIDED UNDER THIS
POLICY FOR WORK
PERFORMED BY YOU FOR
THAT PERSON AND/OR
ORGANIZATION.
Policy #WC106300704
Schedule
Job Description
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84) Page 1 of 1
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF CONSTRUCTION MANAGEMENT SERVICES WITH TOTUM
CORPORATION
This Amendment No. 2 ("Amendment") to Professional Services Agreement is made and entered into effective the 10th day of January 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Totum Corporation a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18th, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the cumulative not -to - exceed amount by $338,000 for additional construction management and inspection services in support of the Public Safety Center Project pursuant to the work scope and fee proposal attached hereto an incorporated by reference as Attachment 1.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1 of the Agreement is hereby amended to read as follows:
2.1 Compensation. Consultant shall be paid hourly in accordance with the fee schedule set forth in Attachment 1. Consultant's total compensation under this agreement shall not exceed Nine Hundred Fifty -Eight Thousand ( $958,000).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By:
Danny Kaye, Totum Corporation
By:
Damien R. Arrula
City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
integrated
design
construction
management
sustainability
tOtUm
15130 Ventura Blvd.
Suite 327
Sherman Oaks
CA 91403,
818 986 9870 p/f
Principal
Danny Kaye, CCM, PMP, FRICS, LEED
AP
310 351 0138 m
www.totumconsulting.com
dannvCatatumconsu Itino.com
October 3, 2022
Mr. Masoud Sepahi
City Engineer
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Via email.
Attachment 1
PROPOSAL FOR CM SERVICES FOR THE CITY OF PLACENTIA POLICE DEPARTMENT EVIDENCE STORAGE FACILITY (PUBLIC SAFETY BUILDING) — BIDDING/CONSTRUCTION PHASE.
Dear Masoud,
Thank you for asking Totum to provide a proposal to assist the city with construction management for the for the Police Evidence Storage Facility (Public Safety Building).
The project is a 2 -phased construction project, with phase 1 being the Butler building scope and phase 2 being the main building with gun range. Both buildings total approximately 19,500 sq. ft. Totum have perused plans dated 8/5/2022 provided by PBK. The procurement is based on a 2 -phase bid process over the next 20 months.
We have based this proposal on the overall project schedule reviewed with the team on 9/21/22 and attached.
This proposal is based on a part time, as needed role providing the scope of services based on the schedule provided and attached.
Therefore, we would suggest a not to exceed fee $278,000 plus $60,000 allowance for deputy inspection = $338.000 billed on a time and materials basis per the rates shown on our staffing chart.
The city could also hire a deputy inspection firm yourselves. We would request reimbursement at cost.
Our hourly billing rates for year 2022-2023 (we can lock into the project) are as follows:
Principal/SCM $195
Senior Project Manager $190
Construction Manager $145
Our typical scope / role would include, but not be limited to, assistance as necessary, with:
PRECONSTRUCTION / CONSTRUCTION
1. Kick off meeting with all stake holders.
2. Manage and coordinate all aspects of the project and report directly to the city.
3. Developing and maintain a master schedule including key milestones
totum
integrated
design
construction
management
sustainability
otu m
4. Updating master schedules and master budgets.
5. Prepare contractor prequalification documents
6. Assist with the bidding process and selection of GC. Evaluate bids, award and assist with contract.
7. Participating in the plan check process.
8. Weekly update meetings during the bidding/pre-con process.
9. Working with all stake holders for logistic planning such as FF&E
10. Assemble and coordinate contract documents.
11. Weekly construction meetings — chair and manage meetings and minutes / agendas.
12. RFI and submittal management with contractor and architect.
13. Weekly photos, Week -at -a -Glance / Monthly Update
14. Budget controls and tracking.
15. Assist with retention of owner retained vendors (i.e. deputy Inspector, AN, FF&E) if necessary.
16. Change order review and compilation of formal change orders.
17. Coordination of inspections (Contractor, agency and deputy).
18. Attend special meetings when needed.
19. Schedule oversight.
20. Retain (if requested) and coordinate deputy inspection
21. Monthly update meeting with client team.
22. General QA / QC.
23. Ensure as -built progress.
24. Facilitate issues between entire team.
25. Oversee commissioning, close out and move -in.
26. Host and maintain a team drop box.
Our PM/CM staffing would be led by principal Danny Kaye with Totum staff Pat Lappin, and Alejandro Pinel providing the as needed support — the same team we are used for the Navigation Center and current project in Huntington Beach, Regards
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal
49 49 33 33 33 33 33 33 33 33 33 33
33 24 24 24 24 24 24 24 24 24 24 24
41 41 41 41 41 41 41 41 41 41 41
Placentia PE Facility
9/22/22
Title Rate Staff
Principal/SCM $195 DK
SCM S190 PL
CM S145 AP
Subtotal
Reimbursable Expenses At Cost Allowance
Deputy Inspection @15% Allowance
Concrete, CMU, Structural Steel
1 PreQual/Bidding
1 Plancheck
Construction
Construction Close Out:
2022 2023 2024
Sep Oct Nov Dec Jan Feb Mar April May June July Aug Sep Oct Nov Dec Jan Feb Mar April Covered In precon
82 114
93 98 98 98 98
98 98 98
FEE RANGE
33 33 33 10 532 $103,662
24 24 24 24 399 $75,877
41 41 41 41 611 $88,631
50 98 98 98 98 96 75 0 $399 $268;570
5 10,000
5 60,000
$338,170
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
GEOCON WEST, INC.
THIS AGREEMENT is made and entered into this 10TH day of January, 2023 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and GEOCON WEST, INC. , a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide Geotechnical Inspection and Testing Services for the Placentia Public Safety Center 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; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. AH insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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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 Fifty -Four Thousand Dollars ($ 54,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an 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."
3.2. 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 3 GEOCON WEST, INC.
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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 12 months, ending on January 10, 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.
4.3. 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 4 GEOCON WEST, INC.
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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 Form #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 GEOCON WEST, INC.
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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), per claim and aggregate. 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 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 6 GEOCON WEST, INC.
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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.
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.
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6.3. Proiect Manaaers. 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:
Geocon West, Inc.
3303 N San Fernando Blvd, Ste
100
Burbank, CA 91504
Tel: 818-841-8388
Attn: John Stapleton
Staff Engineer
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Attn: Luis Estevez
Deputy City Administrator
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 8 GEOCON WEST, INC.
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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 to the extent caused by the negligence or willful misconduct of Consultant.
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. Pursuant to Civil Code section 2782.8, in no event shall the cost to defend charged to Consultant exceed Consultant's proportionate share of fault.
This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to 10 GEOCON WEST, INC.
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Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of 11 GEOCON WEST, INC.
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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:
City Clerk and ex -officio Clerk
of the City of Placentia
12 Date:
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CONSULTANT
Signature
John Stapleton, Staff Engineer
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:
Luis Estevez, Deputy City Administrator
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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G JOCO1.11
Exhibit A
W E S T, I N C.
GEOTECHNICAL ■ ENVIRONMENTAL ■ MATERIALS
Project No. W1274-88-01
February 11, 2021
VIA EMAIL
Mr. Luis Estevez
City of Placentia — Public Service and Infrastructure
401 East Chapman Avenue
Placentia, California 92870
Subject: PROPOSAL FOR AS -NEEDED GEOTECHNICAL INSPECTION AND TESTING
SERVICES DURING CONSTRUCTION
PROPOSED PUBLIC SAFETY FACILITY
2999 EAST LA JOLLA STREET, PLACENTIA, CALIFORNIA
References: Geotechnical Investigation, prepared by Geocon West, Inc., Project No. W1274-88-01, dated February 4, 2021.
Dear Mr. Estevez:
At your request, we are submitting this proposal to provide as -needed geotechnical inspection and testing services during grading and construction of the subject project. At this time, there is no formal construction schedule. Therefore, assumptions of the construction activities that will require geotechnical observation and testing services are based on our review of the Preliminary Building Plans prepared by BOA Architecture, and the recommendations in the referenced Geotechnical Investigation. It is anticipated that the proposed scope of services includes geotechnical inspection services during grading of the on -grade portion of the structure, installation of shoring and lagging for the subterranean portion of the structure, foundation observations, utility trench backfill, and pavement subgrade preparation, and placement and compaction of pavement section materials.
Based on the conversations with you, and our assumptions of the assumed tasks that will require geotechnical inspections, it is anticipated that approximately 40 days inspection and testing services will be required. This proposal is considered preliminary for initial budgeting purposes and should be revised once a formal construction schedule becomes available for our review.
SCOPE OF SERVICES
Geotechnical Consultation. Provide consultation as necessary to the design and construction team.
Review, stamp and sign project plans as necessary. Attend team meetings, respond to RFI's and provide additional or alternative design recommendations as necessary.
Compaction Testing & Inspection. Provide inspector(s) as required for the project during the grading and construction period. The inspector would be equipped with a vehicle and sufficient field testing equipment to provide in-place density test results in the field, as well as to collect samples for both earth and materials testing.
3303 N. San Fernando Blvd., Suite 100 • Burbank, California 91504-2531 • Telephone 818.841.8388 • Fax 818.841.1704
Geotechnical Observation. Site visits by our engineer and/or geologist would be performed where site conditions require a licensed professional to perform inspections. In addition, geologist or engineer time would be incurred for site visits, meetings and miscellaneous consultation during the construction period.
Laboratory Testing. Perform all necessary laboratory soil testing required for project support and report preparation. The quantity and type of tests performed will depend upon the conditions encountered. The actual cost for laboratory tests would be invoiced in accordance with our Schedule of Fees. Where possible all tests will be performed in our in-house laboratory; however, an outside laboratory may also be utilized on occasion.
Report Preparation and Submittal. Upon completion of the site grading, foundation installation, and/or compaction testing, reports will be prepared as required by the Building Official.
COST OF SERVICES
At this time, there is no formal construction schedule. Based on conversations with you, and the assumed construction durations, we anticipate that inspection and testing services will be required on approximately 40 different days. Inspection and testing services will be performed on both a full-time and part-time basis as required during the construction period.
Based on these considerations, and assuming 40 days of inspection, it is recommended that $54,000 be budgeted for the geotechnical inspection services, including project management, laboratory testing fees and report preparation. At this time there is no formal construction schedule and assumptions are being made. This proposal is intended for initial budgeting purposes only and should be reviewed and revised once a formal construction schedule is available. The actual fee for services is directly related to the construction schedule, weather, and efficiency of the contractor performing the work, and could be more or less than estimated. Additional change orders will be submitted if necessary as the project progresses.
Geocon proposes to provide the services described herein on a time -and -materials basis in accordance with the enclosed Schedule of Fees.
We have prepared this proposal with the understanding that this is a prevailing wage project. If the Client should conclude this is not a prevailing wage project, please so advise Geocon in writing immediately.
This proposal is intended for initial budgeting purposes only and should be reviewed and revised once a construction schedule is available. The actual fee for services is directly related to the construction schedule, weather, and efficiency of the contractor performing the work, and could be more or less than estimated. This proposal does not include overtime or weekend work. No contingency has been added for items not listed on the construction schedule or for weather related issues during construction.
Additional change orders will be submitted if necessary as the project progresses. All services will be provided on a time and materials basis in accordance with the Schedule of Fees. Invoices would be submitted at four-week intervals and would be itemized to reflect only the actual time and costs incurred.
Geocon Project No. W1274-88-01 - 2 - February 11, 2021
EXECUTION OF CONTRACT
Please provide Work Order in accordance with the previously negotiated Professional Services Agreement between dated January 6, 2021. We will return one fully executed copy to your attention.
Should you have any questions regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience.
Very truly yours,
GEOCON WEST, INC.
John Stapleton
Staff Engineer
(EMAIL) Addressee
Enclosures: 2020 Schedule of Fees
Harry[Derkalousdian, PE
Project Engineer
Geocon Project No. W1274-88-01 - 3 - February 11, 2021
G JOCON
W E S T, I N C.
GEOTECHNICAL r ENVIRONMENTAL
2020 SCHEDULE OF FEES
MATER IA
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher $90/hr Engineering Assistant/Lab Technician 90/hr
Engineering Field Technician (Earthwork/Compaction Testing/Backfill) *80/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) *85/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) * 105/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles) * 120/hr Staff Engineer/Geologist * 120/hr
Project Engineer/Geologist *140/hr
Senior Project Engineer/Geologist *150/hr
Senior Engineer/Geologist * 170/hr
Associate Engineer/Geologist * 195/hr
Principal Engineer/Geologist/Litigation Support 250/hr
Attorney Fees (General) 350/hr
Deposition or Court Appearance 400/hr
Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8 -Hr minimum per call out) Sunday and Holiday Rate
Minimum Field Services Fee (per day or per call -out)
1.5 X Regular Hourly Rate
2 X Regular Hourly Rate
4 Hours
Short -Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) 4 Hours Short -Notice Cancellation (upon or after arrival at jobsite) 4 Hours *Prevailing Wage (PW) California Labor Code § 1720, et. Seq add $40/hr TRAVEL
Personnel Regular Hourly Rate
Subsistence (Per Diem) $200/day
Vehicle Mileage 0.60/mile
EQUIPMENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge $10/hr 55 -Gallon Drum 65/ea
Sand Cone Testing Equipment 10/hr
Vehicle 10/hr
Special Inspection Equipment 5/hr
Asphalt Cold Patch/Concrete (60-1b.), Cement (94-1b.) 20/bag GPS Unit 160/day
Pick-up Truck 125/day
Direct -Push Rig/Operator 165/190(PW)*/hr
Direct -Push Sample Liner 10/ea
Hand -Auger 40/day
Soil Sample Tube (Brass or Stainless) 10/ea
Bailer (Reusable) 33/day
Bailer (Disposable) 15/ea
Stainless Sampling Pump $150/day
Battery -Powered Pump 75/day
Water Level Indicator 40/day
Interface Probe 85/day
Photo -Ionization Meter 125/day
Combustible Gas Meter 125/day
pH/Conductivity/Temperature Meter 50/day
Turbidity Meter 80/day
Air Sampling Pump 80/day
Level D PPE/Decon Rinse Equipment 50/day
Concrete Coring Equipment 165/day
Generator or Air Compressor 100/day
Distilled Water (5 -gallon) 15/ea
Visqeen (6 mil 20X100') 135/roll
Traffic Cones/Barricades 35/day
TPHg(EPA 8015B) 70/ea
TPHd/TPHmo (EPA 8015M) 75/ea
TPH Carbon Chain Breakdown (EPA 8015M) 110/ea
Methanol and/or Ethanol (EPA 8015M) 110/ea
Volatile Organic Compounds (EPA 8260B) 110/ea
Semi -Volatile Organic Compounds (EPA 8270) 180/ea
PAHs (EPA 8270SIM) 160/ea
CAM 17 Metals (EPA 6010B) 170/ea
Single Metal (EPA 6010B) 20/ea
Hexavalent Chrome (EPA 7199) 60/ea
Organochlorine Pesticides (EPA 8081) 110/ea
Organophosphorus Pesticides (EPA 8141) 125/ea
Chlorinated Herbicides (EPA 8151) 125/ea
PCBs (EPA 8082) 75/ea
Soil pH (EPA 9045C) 20/ea
WET or TCLP Extraction 75/ea
EPA 5035 Sample Kits 25/ea
Asbestos (PLM) 20/ea
Asbestos (400 -point count) 45/ea
Sample Compositing 20/composite
48-hour Turnaround Time 60% surcharge
72 -hour Turnaround Time 40% surcharge
3303 N. San Fernando Blvd., Suite 100 • Burbank, California 91504-2531 • Telephone 818.841.8388 • Fax 818.841.1704
LABORATORY TESTS*
COMPACTION CURVES
(D698/D1557/T99/T108) 4 -inch mold $250/ea
(D698/D1557/T99/T108) 6 -inch mold 250/ea
(CT 216) California Impact 250/ea
Check Point 100/ea
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) 150/set (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 50/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) 300/set (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec) 100/ea
SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value $285/ea
(D2844/CT301) Resistance Value, Treated 290/ea
(D1883) California Bearing Ratio 530/ea
(C977) Stabilization Ability of Lime 185/ea
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) 105/ea
CHEMICAL ANALYSIS
(G187/CT643/T288) pH and Resistivity $150/ea
(D4972/T289) pH Only 50/ea
(CT417) Sulfate Content 100/ea
(CT422) Chloride Content 100/ea
(D2974) Organic Content 75/ea
PERMEABILITY, CONSOLIDATION AND EXPANSION
(D5084) Permeability, Flexible Wall $270/ea
(D5856) Permeability, Rigid Wall 260/ea
(D2434) Permeability, Constant Head 280/ea
(D2434) Permeability, FHA Slab -on -Grade 110/ea
(D2434) Permeability, Hourly 55/ea
(D2435/T216) Consolidation (6 pts. w/ Unload) 350/ea
(D2435/T216) Consolidation Additional Point w/ Unload 65/ea (D4546) Swell/Compression Testing & Density 125/ea
(D4546) Swell/Settlement Testing & Density (ea. addtl. pt) 85/ea (D4546) Swell/Settlement Testing & Density (County) 100/ea (D4546) Swell/Settlement Testing & Density (FHA) 90/ea
(D4829) Expansion Index of Soils 225/ea
STEEL TESTING
Reinforcing Steel Tests:
(A370) Tensile Strength & Elongation
#11 Bar & Smaller $100/ea
#14 Bar 125/ea
#18 Bar (Proof Test) 150/ea
(A370) Bend Test
#11 Bar & Smaller $50/ea
#14 & #18 Bar 70/ea
(A370) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller $150/ea
#14 Bar & Larger 190/ea
(A370) Tensile — Electric Resist. Butt Splice w/ Control 150/ea (A370) Straightening of bar (if required) 25/ea
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen Cost + 20%
(A370) Tensile Strength & Elongation
Up to 200,000 lbs $100/ea
200,000 — 300,000 lbs 125/ea
300,000 — 400,000 lbs 150/ea
Pre -stressing Wire & Tendon Tests:
(A421) Tensile Strength, Single Wire $150/ea
(A416) Tensile Strength, 7 -Wire Strand 175/ea
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size, Hydrometer w/out Sieve $210/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash 150/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash 125/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash100/ea (C117/D1140/T11) Materials Finer than #200 90/ea
(D2216/T265/CT226) Moisture Content 30/ea
(D2487/D2488) Visual Soil Classification 30/ea
(D2937) Density of In -Place Soil, Drive-Cyl. Method 45/ea (D4943) Shrinkage Factors of Soils, Wax Method 55/ea
(C131/C535/CT211) L.A. Abrasion Resistance $200/ea
(C142/T112) Clay Lumps and Friable Particles 170/ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(C123/T113) Light Weight Particles 245/ea
(D3744/CT229/T210) Durability Index Fine 165/ea
(D3744/CT229/T210) Durability Index Coarse 165/ea
(CT227) Cleanness Value 165/ea
(D4791) Flat & Elongated Particles 150/ea
(D693/CT205) Percent Crushed Particles 145/ea
(D5821) Percent. of Fractured Particles, Coarse Aggregate140/ea (C40/CT213/T21) Organic Impurities 75/ea
(C235) Soft Hardness (Scratch Hardness) 100/ea
(C88/CT214/T104) Sulfate Soundness 410/ea
(C1252/T304) Uncompact. Void Content, Fine Aggregate150/ea (C127/CT206/T85) Coarse Specific Gravity 125/ea
(C128/CT207/T84) Fine Specific Gravity 150/ea
(D854/CT209/T100) Specific Gravity of Soil 150/ea
(C29/CT212/T19) Unit Weight & Percent Voids 90/ea
(D2419/CT217/T176) Sand Equivalent 110/ea
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 200/ea (D4318/CT204/T89) Liquid Limit 100/ea
(D4318/CT204/T90) Plastic Limit 100/ea
(C330) Spec. for Lightweight Aggregates, Struc. ConcreteQuote
SHEAR STRENGTH
(D2166) Unconfined Compression $100/ea
(D3080/T236) Direct Shear (3 points) 325/set
(D3080/T236) Direct Shear Addtl. Points/ea. residual pass.. 100/ea (D2850) Unconsolidated -Undrained Triaxial Shear 115/ea (D2850) Unconsolidated -Undrained Triaxial Staged 160/ea (D4767) Consolidated -Undrained Triaxial Shear 265/ea
(D4767) Consolidated -Undrained Triaxial Staged 340/ea
(EM1110) Consolidated -Drained Triaxial Shear 375/ea
(EM1110) Consolidated -Drained Triaxial Staged 480/ea
MASONRY**
Concrete Block Test (Sets of 3 Reauired):
(C140) Unit Weight Moisture Content & Absorption $195/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) ..65/ea (C140) Compression Test 195/ea
(C140) Compression Test (ea. addtl. specimen) 65/ea
(C426) Linear Drying Shrinkage 285/ea
(C109/UBC 21-16) Mortar Cylinder (2"x4") 30/ea
(C942) Grout Prism (3"x3"x6"), trimming included 35/ea
Masonry Prism (Assemblage):
(C1314) 8"x8"x16" — 8"x12"x16" $200/ea
(C1314)8"x16"x16" — 10"x12"x16" 225/ea
(C1314) 12"x12"x16" — 12"x16"x16" 250/ea
(C1314) Larger than 12"x16"x16" Quote
-2-
LABORATORY TE
High Strength Bolt, Nut, & Washer Tests:
(A325/A490) Tensile Test on Bolts $100/ea
(A563) Proof Load Test on Nuts 100/ea
(A325/A490) Hardness Test on Bolts 50/ea
(A536) Hardness Test on Nuts 50/ea
(F436) Hardness Test on Washers 50/ea
Weld Specimen Tests:
(El 64) Ultrasonic Examination Quote
Machining & Prep of Test Specimen Cost + 20%
(E381) Macrotech Test (3 Faces) $355
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA $100/ea (D1560/CT366) Stabilometer Value (HVEEM) 200/ea
(D2041) Theoretical Max Specific Gravity 175/ea
(D5444) Sieve Analysis of Extracted Asphalt 215/ea
(D6307/CT382) Percent Asphalt, Ignition Method 150/ea
(D1188) Unit Weight of Asphalt Core 65/ea
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under $200/ea
101 Tons — 200 Tons 300/ea
Use of Universal Testing Machine:
UTM with One Operator $320/ea
Additional Technician Regular Tech Rate
Spray Applied Fireproofing:
STS* (CONTINUED)
Brick Test (Set of 5 Specimens):
(C67) 24 -Hour Absorption, Cold Water $225/set
(C67) 5 -Hour Absorption, Boiling Water $225/set
(C67) Compression Test or Modulus of Rupture $255/set
(C67) Each Additional Specimen 45/ea
CONCRETE**
Mix Designs:
(ACI211/ACI214) Concrete Mix Design $350/ea
(ACI211/ACI214) Review of Concrete Mix Design 350/ea
(C192) Concrete Trial Mix (includes equipment & labor)495/ea Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl $30/ea
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core 60/ea (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam.. 125/ea (C 174) Length Measuring of Drilled Cores 75/ea
(C1140) Shotcrete Panel -Coring & Testing (Set of 3) 290/set (C1140) Shotcrete Panel (each addtl. specimen) 90/ea
(C496) Static Modulus of Elasticity 200/ea
(C496) Drying Shrinkage (Set of 3, up to 28 days) 395/set (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete. 95/ea (F1869) Vapor Emission Rate, Concrete Subfloor 50/ea
(E605/E736) Fireproofing Oven Dry Density/Thickness $90/ea *2X Surcharge on rush turn -around for laboratory testing. **Fee applies for sample storage, testing, or disposal.
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $200,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $400,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys ' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions.
-3-
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/9/2022
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 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
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
INSURED
Geocon West, Inc.
6960 Flanders Drive
San Diego, CA 92121
COVERAGES
GEOCINC-01
CONTACT
NAME: Certificate Department
PHONE
(A/C. No. Extl: 619-744-0574
E-MAIL
ADDRESS: [email protected]
FAX Not: 619-234-8601
INSURER(S) AFFORDING COVERAGE
INSURER A: National Fire Insurance CO. of Hartford
INSURER B : Continental Insurance Company
1 INSURERC: Transportation Insurance Co.
1 INSURER D : Berkley Insurance Company
1 INSURER E :
I INSURER F :
CERTIFICATE NUMBER: 1272326868 REVISION NUMBER:
NAIC #
20478
35289
20494
32603
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI
A X COMMERCIAL GENERAL LIABILITY Y 6079910091 1/1/2022 1/1/2023 EACH OCCURRENCE
CLAIMS -MADE
X Cross Liab. Inc.
X Separation of In
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT
X
POLICY
X
X
LOC
OTHER:
B AUTOMOBILE LIABILITY Y 6079910088
X ANY AUTO
ALL OWNED
AUTOS
X HIRED AUTOS
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS
UMBRELLA LIAB
EXCESS LIAB
DED RETENT ON $
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
D Professional Liability
OCCUR
CLAIMS -MADE
YIN
N
NIA
Y WC679910107
AEC905140201
1/1/2022 1/1/2023
1/1/2022 1/1/2023
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
Deductible
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
$ 1,000,000
$ 15,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$0
$ 1.000.000
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
1/1/2022 1/1/2023 Each Claim $3,000,000
Aggregate $7,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Geocon Project # W1274 -XX -XX / Placentia Public Safety Center. Additional Insured coverage applies to General Liability and Automobile Liability for City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. Pollution Liability is included in the Professional Liability policy. Professional Liability Retroactive Date 11/01/1989. If the insurance company elects to cancel or non -renew coverage a 30 days written notice of such cancellation or nonrenewal will be provided and 10 days for nonpayment of premium. Auto Physical Damage: $ 1,000 Comprehensive & Collision Deductibles. Professional Liability Coverage Deductible $ 150,000 per claim.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 East Chapman
Placentia CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
REPRESENTATIVE
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
CNA
Policy No. 6079910088
SCA 23 500D
(Ed. 10/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED COVERAGE ENDORSEMENT - BA PLUS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE 1. Which are no longer in force; or A. Who Is An Insured
The following is added to Section II, Paragraph
A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named
Insured owns a majority of the voting stock
on the date of inception of this Coverage
Form; provided that,
b. The insurance afforded by this provision
A.1. does not apply to any such entity that
is an "insured" under any other liability
"policy" providing "auto" coverage.
2. Any organization you newly acquire or form,
other than a limited liability company,
partnership or joint venture, and over which you
maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation
date, and is afforded only until the end of
the policy period of this Coverage Form, or
the next anniversary of its inception date,
whichever is earlier.
b. Does not apply to:
(1) "Bodily injury" or "property damage"
caused by an "accident" that occurred
before you acquired or formed the
organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.
3. Any person or organization that you are
obligated to provide Insurance where required
by a written contract or agreement is an
insured, but only with respect to legal
responsibility for acts or omissions of a person
for whom Liability Coverage is afforded under
this policy.
4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in force
on the inception date of this Coverage Form but:
SCA 23 500D
(Ed. 10/11)
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are
revised as follows:
1. In a.(2), the limit for the cost of bail bonds is
increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is
increased from $250 to $500 a day.
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is
excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Towing
Section III. Paragraph A.2., is revised to include
Light Trucks up to 10,000 pounds G.V.W.
B. Glass Breakage — Hitting A Bird Or Animal —
Falling Objects Or Missiles
The following is added to Section III, Paragraph
A.3.:
With respect to any covered "auto," any deductible
shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner
acceptable to us, rather than replaced.
C. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with
respect to transportation expense incurred by you,
to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
D. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with
respect to loss of use expenses incurred by you, to
provide:
a. $1,000 maximum, in lieu of $600.
E. Personal Property
The following is added to Section III, Paragraph
A.4.
Copyright, CNA Corporation, 2000.
Includes copyrighted material of the Insurance Services Office used with its permission.