Cities Index.
Agenda packet

Placentia City Council
February 7, 2023

Document
Agenda packet
Meeting
February 7, 2023
Body
Placentia City Council
Pages
5
Original file
652 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:

WHEREAS, ANEEN CONSTRUCTION, INC., as Principal, has entered into a contract dated February 7. 2023 , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: Main Street and Crowther Ave Parking Lot Improvements and all appurtenant work in accordance with PROJECT NO. 2204 & 2205, which requires Principal to file this bond to secure claims made in relation to the project.

NOW THEREFORE, we, ANEEN CONSTRUCTION, INC. , as Principal, and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under

Project No. 2204 & 2205

Page 2 of 2 ends

any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
Bv
Title
Principal
Bv
Title

Project No. 2204 & 2205

Page 1 of 1 ends

(Use of City form is required)

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

Business Address:

Telephone Number:

Date:

Print Name:

Signature:

Principal
Title

Project No. 2204 & 2205

TAX IDENTIFICATION NUMBER

Page 1 of 1 ends

(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 Telephone ( )
CORPORATION:

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:

Project No. 2204 & 2205

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO. 2204 & 2205
As a material inducement to the City to award the contract for Project No. 2204 & 2205 to ANEEN CONSTRUCTION, INC., the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: Main Street and Crowther Ave Parking Lot Improvements ("the work").

Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.

Guarantor
Contractor:

Title:

Date:

By:

Project No. 2204 & 2205

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ANEEN CONSTRUCTION, INC., a California corporation (hereinafter "Principal"), an Agreement, dated February 7th. 2023 ("Agreement") whereby Principal agreed to provide construction services including Main Street and Crowther Ave Parking Lot Improvements; WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an

Project No. 2204 & 2205
Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By

ADDRESS
APPROVED:
required from all

CITY ATTORNEY
(Seal)

PRINCIPAL
By X

INSTRUCTIONS
x

ADDRESS
Two (2) Notarized Signatures
Corporations.

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.

The bond must be notarized by both the Principal and the Surety.

3. The City Attorney of the City of Placentia must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.

Project No. 2204 & 2205

STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.

That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.

J•
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)

Project No. 2204 & 2205

EXHIBIT A

SCOPE OF SERVICES
The work to be performed consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project.

The general items of work consists of: Furnishing all labor, materials, tools, equipment, appurtenances and incidentals for removing existing improvements, minor grading to prepare site for AC pavement, chain-link fence & gate, concrete curbs, slurry seal, a new ADA curb ramp, light poles, wheel stops, trashcans with concrete pads, pull boxes, traffic rated electric vault, electric conduit, striping, new water lateral, landscaping, complete irrigation system, and all items not mentioned but included in the plans and specifications. All work shall be completed in strict adherence to the Plans and Specifications and as directed by the City.

Project No. 2204 & 2205

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within Fifty (501 working days from the issuance of the Notice to Proceed.

Project No. 2204 & 2205

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.

CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.

A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required

Project No. 2204 & 2205
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. 2204 & 2205
• Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)

2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;

3. Properly completed Certificate of Insurance; and

4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.

C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:

1. Copy of the endorsement or policy language indicating that CITY is an insured; and

2. Properly completed Certificate of Insurance.

D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it

Project No. 2204 & 2205
shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.

Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status;

2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;

3. Properly completed Certificate of Insurance.

E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of California.

Project No. 2204 & 2205
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: Main Street and Crowther Ave Parking Lot Improvements, Proiect 2204 & 22051 • 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. 2204 & 2205

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

Project No. 2204 & 2205

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.

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
01/25/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

INSURED
Atchley & Associates Insurance Services
6864 Indiana Ave
Suite 200
Riverside
Aneen Construction, Inc.
9860 Indiana Avenue Unit 18
Riverside
CA 92506
CA 92503 -

CONTACT
NAME'
PHONE
(Ale. Nn Fvf)•
E-MAIL
ADDRFSS•
Betsy Michel
(951) 275-0340
[email protected]

INSURER(S) AFFORDING COVERAGE
INSURER A : Evanston Insurance Company
INSURER B :Infinity Select Ins. Co.
1 INSURER C :

INSURER D :
1 INSURER E :

INSI,LE?
FAX
NnL•AX (000)000-000-
!,
NAIC #
35378
20260
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP
1 TR TYPE OF INSURANCE INgnJanin POLICY NUMBER (MM/DD/YYYY) (MM/nn/YVYVI LIMITS A X

COMMERCIAL GENERAL LIABILITY

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

PRO-
JECT
POLICY
OTHER:

B AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

X HIRED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
X
X
LOC

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OCCUR

CLAIMS -MADE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
A Contractor's Pollution Liability
Deductible: $2,500
Y/N
N/A
CPS7588317
504-61017-6727-001
05/26/2022 05/26/2023
07/07/2022 07/07/2023
CPLMOL 113549 10/12/2022 10/12/2023

EACH OCCURRENCE
$ 1,000,000
100,000
5,000
1,000, 000
2,000,000
1,000, 000

DAMAGE TO RENTED
PRFMISFS (Fa nca vrancal $
MED EXP (Anv one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$ 1,000,000
EACH OCCURRENCE $
AGGREGATE $

COMBINED SINGLE LIMIT
(Fa arririent)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per senirientl

PER OTH-

RTATIITF FR
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
Per Occurrence
General Aggregate
Transporation Pol.

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Main Street and Crowther Ave Parking Lot Improvements - City Project #2204 and #2205 The City of Placentia, its officers, employees, representatives, attorneys, and volunteers are named as additional insured.

Primary and Non -Contributory Wording applies per attached. 30 days notice will be sent should any of the above described policies be cancelled before the expiration date thereof.

CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman Ave.

Placentia,
CA 92870-
$1,000, 000
$2,000,000
$1,000,000
Al 126344

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 No. CPS7588317
jjk SCOTTSDALE INSURANCE COMPANY°
CHANGE ENDORSEMENT NO. 2
Effective Date 10 / 0 5/ 2 0 2 2
Named Insured ANEEN CONSTRUCTION INC
Agent No. 04040
12:01 A.M. Standard Time
COVERAGE PART INFORMATION—Coverage parts affected by this change as indicated by ® below:
❑ Commercial Property
❑ Commercial General Liability
❑ Commercial Crime
❑ Commercial Inland Marine
❑ Commercial Liquor Liability
❑ OCP Liability

CHANGE DESCRIPTION

0.00 In consideration of no change in premium, it is hereby understood and agreed that the following amendments have been made to this policy.

1. One (1) Additional Insured is added to the policy per form CG2010 12/19 attached.

2. One (1) Blanket Additional Insured is added to the policy per form GLS -150s 07/06 attached.

PREMIUM CHANGE
Additional $ 0. 00 Return $ 0.00
/

AUTHORIZED REPRESENTATIVE DATE
UTS-244L 06-92

kSCOTTSDALE INSURANCE COMPANY°

SCHEDULE OF FORMS AND ENDORSEMENTS
Policy No. CPS7588317
Named Insured ANEEN CONSTRUCTION INC
Effective Date 10/05/2022
12:01 A.M. Standard Time
Agent No. 04040

COMMON POLICY
UTS-244L 06-92 CHANGE ENDORSEMENT FORM
UTS-SP-2 12-95 SCHEDULE OF FORMS AND ENDORSEMENTS

COMMERCIAL LIABILITY
GLS -104L 06-92 SCHEDULE OF GENERAL LIABILITY CHANGES
GLS -150s 07-06 BLANKET ADDITIONAL INSURED ENDORSEMENT
CG 20 10 12-19 ADDITIONAL INSURED -OWNERS, LESSEES OR

CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION
UTS-SP-2 (12-95)

Policy No.:

Named Insured:

SCOTTSDALE INSURANCE COMPANY°

SCHEDULE OF GENERAL LIABILITY CHANGES
CPS7588317 Effective Date: 10/05/2022
12:01 A.M., Standard Time
ANEEN CONSTRUCTION INC AgentNo.: 04040
CLASS CODE INFORMATION AFFECTED BY THIS CHANGE IS ADDED, DELETED OR CHANGED AS INDICATED.

THE FOLLOWING CLASS CODE INFORMATION IS: ADDED
Code No. Premium Basis
49950 INCLUDED Premises/Operations
Premises Exposure
1 Classification:

ADDITIONAL INSURED - OWNER, LESSEE OR CONTRACTOR - SCHEDULED PERSON OR ORGANIZATION PER FORM CG 20 10
THE FOLLOWING CLASS CODE INFORMATION IS: ADDED
Code No. Premium Basis
49950 INCLUDED
Premises
Classification:

Exposure
1 Rate Premium

INCLUDED INCLUDED
Products/Completed Operations
Rate Premium
Premises/Operations
Rate Premium

INCLUDED INCLUDED
BLANKET ADDITIONAL INSURED ENDORSEMENT PER FORM GLS (HI) 150S Products/Completed Operations THE FOLLOWING CLASS CODE INFORMATION IS:

Code No. Premium Basis
Premises Exposure
Classification:

THE FOLLOWING CLASS CODE INFORMATION IS:

Code No. Premium Basis
Premises Exposure
Classification:

GLS -104L (6-92)
Rate Premium
Premises/Operations
Rate Premium
Products/Completed Operations
Rate Premium
Premises/Operations
Rate Premium
Products/Completed Operations
Rate Premium

POLICY NUMBER: CPS7588317 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
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)

STATE OF CALIFORNIA, ITS OFFICERS,

AGENTS, EMPLOYEES, AND SERVANTS
1727 30TH ST MS 65 SACRAMENTO CA
95816-7006
Location(s) Of Covered Operations

PER CONTRACT AND/OR AGREEMENT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

CG 20 10 12 19
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
© Insurance Services Office, Inc., 2018 Page 1 of 2

C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less.

This endorsement shall not increase the applicable
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

Page 2 of 2 ends

© Insurance Services Office, Inc., 2018 CG 20 10 12 19

ENDORSEMENT
k SCOTTSDALE INSURANCE COMPANY® NO.

ATTACHED TO AND

FORMING A PART OF

POLICY NUMBER

ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME)
NAMED INSURED AGENT NO.

CPS7588317 10/05/2022 ANEEN CONSTRUCTION INC 04040

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

ACCORD�

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
01/31/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
BIBERK
P.O. Box 113247
Stamford, CT 06911

INSURED
Aneen Construction, inc.
9860 indiana ave 18
Riverside, CA 92503

COVERAGES

CONTACT
NAME:

IPHONE 844-472-0967
(A/C. No. Extl:

I E-MAIL ADDRESS: [email protected]
FAX 203-654-3613
(A/C, No):

INSURER(S) AFFORDING COVERAGE
INSURERA: Berkshire Hathaway Direct Insurance Company
INSURER B :

INSURER C:

INSURER D :

INSURER E :

INSURER F :

CERTIFICATE NUMBER: REVISION NUMBER:

NAIC #
10391

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
LTR

TYPE OF INSURANCE

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO LOC
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS LIABILITY

ANYPROPRI ETOR/PARTNER/EXECUTI V E
A OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
OCCUR

CLAIMS -MADE
YIN
Y
Professional Liability (Errors &
Omissions): Claims -Made

ADDL SUBR POLICY EFF POLICY EXP

INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
N/A N9WC562902
04/19/2022 04/19/2023
LIMITS

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
PER

X I STATUTE
OTH-
ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Per Occurrence/
Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Exclusions:

Tamer Khalil;

CERTIFICATE HOLDER
City of Placentia
401 E.Chapman ave
Placentia, CA 92870

CANCELLATION
0 0
0 0
0 0

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

City of Placentia
401 E.Chapman ave
Placentia, CA 92870

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE FEBRUARY 7, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE SANTA FE AVENUE

OUTDOOR DINING PLATFORM PROJECT
FISCAL
IMPACT: EXPENSE: $ 82.360.00 TOTAL CONSTRUCTION AMOUNT
$ 65,888.00 CONSTRUCTION CONTRACT AMOUNT
$ 16,472.00 CONSTRUCTION CONTINGENCY AMOUNT
BUDGET: $ 150,000.00 COMMUNITY DEVELOPMENT BLOCK
GRANT FUND (302534-6401, 232502-6401)
SUMMARY:

The COVID-19 pandemic had a significant financial impact upon Placentia's local economy. As a way to ensure that small businesses could thrive during the pandemic, the City allowed various forms of outdoor dining. Some small businesses have continued to express interest in outdoor dining and the County of Orange has approached the City with an eligible grant that would facilitate temporary and/or permanent outdoor dining. On December 6, 2022, the City Council approved the continuation of the Placentia Small Business Emergency Relief Grant Program for a fourth round to assist Placentia small businesses within the Census Tract in the Low to Moderate Income areas that were affected by the COVID-19 pandemic. Program costs in the amount of $150,000 will be grant funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act through the County of Orange Community Development Block Grant Funds (CDBG-CV). In order to take advantage of this opportunity, Staff was directed to prepare design plans for five (5) platforms on Santa Fe Street to provide permanent and temporary outdoor dining structures to be constructed and paid for under this grant program.

On December 8, 2022, after the design was completed by the City's Engineering team, the City solicited competitive bids for the construction of dining platforms on Santa Fe Ave between Melrose Street and Main Street. On January 6, 2023, Staff received a total of two (2) bids for this project. The scope of work entails the construction of five (5) wood dining platforms for use by adjacent businesses and for outdoor dining uses. The lowest bid in the amount of $65,888 was received from Global Builders, Inc. Staff conducted a thorough review of their bid and references.

Their bid was found to be the lowest responsive and responsible bid. Staff recommends that the City Council award a construction contract to Global Builders, Inc., in the amount of $65,888. In addition to the construction cost, a twenty-five percent (25%) construction contingency in the amount of $16,472 is being requested. The total construction contract cost including the contingency amount is $82,360.

1.f.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 of 3 ends

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve the construction Plans & Specifications prepared by the City Engineer and approve a Public Works Agreement with Global Builders, Inc., for the Santa Fe Avenue Outdoor Dining Platform Project in the amount of $65,888; and

2. Reject all other bids received and authorize the return of the bid bonds; and

3. Authorize the City Administrator to approve contract change orders up to twenty-five percent (25%) of the contract not to exceed amount, or $16,472; and

4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific City Council Strategic Goals or objective associated with this agenda item.

DISCUSSION:

The City received a grant in the amount of $150,000 from the County of Orange for use in supporting the local businesses. A total of $82,360 is being allocated to the dining platforms on Santa Fe Street. During various Stay at Home Orders and other restrictions during the COVID Pandemic, restaurants were permitted to have limited and temporary outdoor dining opportunities.

Subsequently, the City has adopted an administrative use permit process which allows restaurant businesses, which meet certain conditions to have additional opportunities for outdoor dining. On December 6, 2022, the City Council approved the 100 block of Santa Fe Street within Old Town for outdoor dining uses while also allowing one-way vehicular thru traffic. Staff was directed to prepare design plans for constructing five (5) platforms to accommodate outdoor seating for restaurants that are interested in pursuing outdoor dining. To date, the City has received five applications from businesses that are interested in utilizing the outdoor dining platforms.

On January 6, 2023, the City received two (2) bids from contractors to construct the project. The following table provides the total bid amounts received from each contractor:

Contractor
Global Builders Inc.

Calderon Built, Inc.

Bid Amount
$65,888.00
$70,000.00
Global Builders Inc. submitted the lowest responsible bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. Based upon Global Builders Inc's reference

City Council Agenda
February 7, 2023

Page 3 of 3 ends

check and submitted bid, Staff recommends awarding a construction contract to Global Builders Inc., for the Santa Fe Avenue Outdoor Dining Platform Project.

FISCAL IMPACT:

In December 2022, the City received a total of $150,000 in grant funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act through the County of Orange Community Development Block Grant Funds (CDBG-CV). On December 6, 2022, the City Council approved the receipt of this grant funding and authorized the continuation of the Placentia Small Business Emergency Relief Grant Program for a fourth round to assist Placentia small businesses within the Census Tract in the Low to Moderate Income areas that were affected by the COVID-19 pandemic.

The total construction cost for the Santa Fe Avenue Outdoor Dining Platform Project amounts to $82,360. The project cost consists of the base bid amount submitted by Global Builders in the amount of $65,888 and a construction contingency in the amount of $16,472. The FY 2022-23 Operating Budget includes CDBG funds for this expense. As such, sufficient funds exist for the recommended actions.

Prepared by: Reviewed and ap
45/9
Ma-oud pa
City En•' eer
Reviewed
PP.
ved:

Luis Estevez
r Je n fer Lampman
,Ju
Director of Finance
Reviewed an approe :

Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:

1. Public Works Agreement with Global Builders Inc.

2. Certificate of Insurance

3. Proposal from Global Builders Inc.

Project No. PW 22-06

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

SANTA FE AVENUE OUTDOOR DINING PLATFORM
THIS AGREEMENT (herein "Agreement"), is made and entered into this 7th day of February, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and GLOBAL BUILDERS INC. (herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of outdoor dining platform 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 GLOBAL BUILDERS INC a (California corporation, partnership, individual) located at 1740 E Garry Ave Suite #205, Santa Ana. CA 92705.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Project No. PW 22-06
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f)
Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."

2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform 2 Project No. PW 22-06
the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re- perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement. 3 Project No. PW 22-06

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 twenty five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $25,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.

Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Sixty-five thousand eight hundred eighty-eight Dollars ($65,888) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the 4 Project No. PW 22-06
contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.

4.3 Force Maieure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than February 7, 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:

GLOBAL BUILDERS INC.

ATTN: WALID TIMORY - CEO
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. 5 Project No. PW 22-06
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Project No. PW 22-06

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, INDEMNIFICATION AND BONDS

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870. 7 Project No. PW 22-06
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.

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 signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D", and are incorporated herein by this reference.

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from 8 Project No. PW 22-06
Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

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 9 Project No. PW 22-06
bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.

6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

7.0 RECORDS AND REPORTS

7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.

For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access 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. 10 Project No. PW 22-06

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

8.0 GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 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 11 Project No. PW 22-06
danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.

8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and 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 12 Project No. PW 22-06
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.: Masoud Sepahi, City Engineer
To Contractor:

GLOBAL BUILDERS INC.

ATTN: WALID TIMORY - CEO
1740 E Garry Ave Suite #205
Santa Ana, CA 92705

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 insure 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. 13 Project No. PW 22-06

8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.15 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E-Verifv. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 14 Project No. PW 22-06
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
15 Project No. PW 22-06

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.

8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with 16 Project No. PW 22-06
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.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
, Mayor
ATTEST:

Patrick Melia, City Clerk
APPROVED AS TO FORM:
17 Date:

Project No. PW 22-06

CONTRACTOR
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
Date:

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

Date:

Eduardo De La Torre, Senior Management Analyst
APPROVED AS TO CONTENT:

Date:

Stephen Pischel, Director of Administrative Services
18 Project No. PW 22-06

Page 1 of 2 ends

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:

WHEREAS, GLOBAL BUILDERS INC., as Principal, has entered into a contract dated February 7. 2023, with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: SANTA FE AVENUE OUTDOOR DINING PLATFORM and all appurtenant work in accordance with PROJECT NO. PW 22-06, which requires Principal to file this bond to secure claims made in relation to the project.

NOW THEREFORE, we, GLOBAL BUILDERS INC., as Principal, and , a corporation organized under the laws
of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under

Project No. PW 22-06

Page 2 of 2 ends

any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
Bv
Title
Principal
Bv
Title

Project No. PW 22-06

Page 1 of 1 ends

(Use of City form is required)

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

Business Address:

Telephone Number:

Date:

Print Name:

Signature:

Principal
Title

Project No. PW 22-06

TAX IDENTIFICATION NUMBER

Page 1 of 1 ends

(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 Telephone ( )
CORPORATION:

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:

Project No. PW 22-06

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO. PW 22-06
As a material inducement to the City to award the contract for Project No. PW 22-06 to GLOBAL BUILDERS INC, the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: SANTA FE AVENUE OUTDOOR DINING PLATFORM ("the work").

Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.

Guarantor
Contractor:

Title:

Date:

By:

Project No. PW 22-06

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to GLOBAL BUILDERS INC., a California corporation (hereinafter "Principal"), an Agreement, dated February 7. 2023 ("Agreement") whereby Principal agreed to provide construction services including SANTA FE AVENUE OUTDOOR DINING PLATFORM, City Proiect No. PW 22-06;
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, GLOBAL BUILDERS INC., as Principal, and as Surety, are held and firmly bound unto the City in the sum of Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction

Project No. PW 22-06
Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By

ADDRESS
APPROVED:
required from all

CITY ATTORNEY
(Seal)

PRINCIPAL
By X

INSTRUCTIONS
x

ADDRESS
Two (2) Notarized Signatures
Corporations.

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.

The bond must be notarized by both the Principal and the Surety.

3. The City Attorney of the City of Placentia must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.

Project No. PW 22-06

STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.

I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)

Project No. PW 22-06

EXHIBIT A

SCOPE OF SERVICES
The scope of work entails the construction of five (5) wood dining platforms.

Project No. PW 22-06

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be completed within thirty (30) working days from the issuance of the Notice to Proceed.

Project No. PW 22-06

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.

CITY reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.

A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence Of Coverage:

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required

Project No. PW 22-06
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. PW 22-06
• 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 applicable to the additional insureds is primary and non-contributory;

3. Properly completed Certificate of Insurance; and

4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.

C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:

1. Copy of the endorsement or policy language indicating that CITY is an insured; and

2. Properly completed Certificate of Insurance.

D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.

Project No. PW 22-06
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status;

2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;

3. Properly completed Certificate of Insurance.

E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of California.

F Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.

Project No. PW 22-06
G. Documentation
• The Certificate of Insurance shall include the following reference: SANTA

FE AVENUE OUTDOOR DINING PLATFORM PROJECT
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

Project No. PW 22-06

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

Project No. PW 22-06

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.

ACORD®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
01/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Corey Martinez
NAME:

Altamont Insurance Brokers, Inc. PHONE (209) 835-6395
A/C No. Extl:
4598 S. Tracy Blvd Ste. 120 I -MAIL [email protected] ADDRESS:

Tracy CA 95377

INSURED
Global Builders Inc.
1740 E Garry Ave Suite 205
Santa Ana CA 92705
FAx No): (209) 835-7395
INC.

INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA: Evanston Insurance Company 35378
INSURER B : State Compensation Insurance Fund 35076
INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: Certs 22-23 REVISION NUMBER: 1

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 ADDL SUER POLICY EFF POLICY EXP

TYPE OF INSURANCE

LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

X COMMERCIAL GENERAL LIABILITY
A

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

X
POLICY
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
DED 1 1 RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OCCUR

CLAIMS -MADE
YIN
Y
Y Y 3AA622906 12/01/2022 12/01/2023
N/A 9241232-2022
11/08/2022 11/08/2023

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL &ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
XIPER

STATUTE I I ERH
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **City of Placentia is shown as additional insured, but only with respect to the General Liability arising out of operations performed by the named insured"Additional Insured Endorsement form ( MEGL 0009-01 09 18 ) attached.*General Liability Waiver of Subrogation form ( MEGL 0241-01 05 16) attached. *Primary Wording Endorsement Form ( CG 20 01 04 13 ) attached. * Job ref: Santa Fe Avenue Outdoor Dining Platform Project PW 22-06

CERTIFICATE HOLDER
City of Placentia
401 E. Chapman
Placentia
CA 92870

CANCELLATION
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
1,000,000
1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.

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

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3AA622906
MARKEL® EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE FORM

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM

SCHEDULE
Additional Premium: $Included (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms.

A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured.

Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total.

When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured.

No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage.

B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the valid written 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.

All other terms and conditions remain unchanged.

MEGL 0009-01 09 18
Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.

POLICY NUMBER : 3AA622906

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

ill

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3AA622906

EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Name Of Person Or Organization:

Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the 'occurrence", to waive rights of recovery Additional Premium: $ Included
The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions:

We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement.

All other terms and conditions remain unchanged.

MEGL 0241-01 05 16
Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.

ill
MARKEL

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 3AA622906

EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE
Maximum Annual Limit Of Insurance: $5,000,000
The following changes are subject to the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement.

In no event will we be liable for damages in excess of the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement.

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section — 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:

1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.

2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

3. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the Construction Project General Aggregate Limit for that construction project and the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement. Such payments will not reduce the General Aggregate Limit shown in the Declarations nor will they reduce any other Construction Project General Aggregate Limit for any other construction project.

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 Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit.

B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single construction project:

1. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable, and the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement; and

2. Such payments will not reduce any Construction Project General Aggregate Limit.

MEGL 0313 02 17
Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission.

C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit and Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement, but not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.

D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Section 111 — Limits Of Insurance not otherwise modified by this endorsement will continue to apply as stipulated.

All other terms and conditions remain unchanged.

MEGL 0313 02 17
Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission.

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
01/25/2023
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 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an en this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER I CONTACT Trish Bowe
StateFarm NAME:

NAME:
310-454-0349
(A/C, No. Ext):

E-MAILL
_ApDRESS: owe.Y@
trish.bb8c statefarm.com

INSURER(S) AFFORDING COVERAGE
INSURER A : State Farm Mutual Automobile Insuran
INSURER B :
1 INSURER C :
1 INSURER D :

IINSURER E :

I INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

INSR ADD SUB POLICY EFF POLICY EXP

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

INSURED
Trish Bowe, CPCU, ChFC Agent
State Farm Insurance
860 via de la Paz D-1
Pacific Palisades, Ca 90272
Timory, Walid A. & Global Builders, Inc.
1740 E. Garry Avenue, Suite 205
Santa Ana, Ca 92705
provisions or be endorsed.
dorsement. A statement on
FAX
(A/C, No): 310-475-1237
ce Company
NAIC #
25178
A

COMMERCIAL GENERAL LIABILITY

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

PRO -

POLICY JECT LOC
OTHER:

AUTOMOBILE LIABILITY

X ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
DED
■

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

RETENTION
OCCUR

CLAIMS -MADE
WO 2KERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
Y Y
N/A
697 -2760 -D25 -75A 10/25/2022 04/25/2023

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
E.L
E.L
E.L
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Business Auto 2017 Toyota Tacoma Pickup
Project: SANTA FE AVENUE OUTDOOR DINING PLATFORM PROJECT

CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman Ave..

Placentia, California 92870

PER OTH-

STATUTE ER

EACH ACCIDENT

DISEASE - EA EMPLOYEE

DISEASE - POLICY LIMIT
1,000,000
1,000,000
1,000,000
1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Completed by an authorized State Farm representative. If signature is required, please contact a State Farm agent.
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022

A. COMPANY INFORMATION

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORMATION
Company Full Legal Name:

Business Address:

Southern California Address: (if different)
Website Address:

Length of time firm has been in business:

Type of business:
(LLC, Partnership, or Corporation)
Taxpayer LD. D. No. 352635118
CSLB Number(s) 1045058
Global Builders Inc
1740 E Garry Ave Suite #205, Santa Ana, CA
www.globalbuilder.us
2018-2023 (Ongoing)
If incorporated,
State of
Incorporation:

DIR Registration Number 1000876840
Corporation
California
Contractor's License Classification(s) B - General Building Project Manager Contact Information
Name Walid Timory
Phone (949)923-0657 Email [email protected]
m
Contract Administrator Information
(insurance and other administrative questions)
Name Gretchen Lerma Phone (760)616-0966 Email officemanager@globalbuilder. us
BIDDERS STATEMENT:

With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid.

Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions.

B. REFERENCES
Attachment A
CEO
gnature Title

Page 1 of 2 ends

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORMATION
References shall be provided in accordance with this Notice Invting Bids, Section I. Bid Submittal Instructions. Additional pages may be attached if necessary.

REFERENCE #1
Agency Name: Contact Name:

City of Laguna Beach Thomas Perez
Dates of Services Performed/Contract Term: Contract Amount:
10/17/2022 - 01/06/2022 $227,028
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:
[email protected]
Contact Phone Number:
(949) 315-1091
Renovate and installation of equipment in three restrooms and replace kitchenette at 505 Forest Ave Long Beach Police Department.

REFERENCE #2
Agency Name:

Contact Name:

City of Long Beach Andrew Demetropolis
Dates of Services Performed/Contract Term: Contract Amount:
09/26/2022 - 10/14/2022 $62,900
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:

[email protected]
Contact Phone Number:
(562) 570-4976
Repaired the Fire Drill Tower at Regional Training Center facility 2249 Argonne Ave, Long Beach CA. The contract shall fumish all labor, material and equipment to improve the facility's training center tower.

REFERENCE #3
Agency Name:

City of Downey
Contact Name:

Desi Gutierrez
Dates of Services Performed/Contract Term: Contract Amount:
12/05/2022- Ongoing $143,888
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Contact Email Address:
[email protected]
Contact Phone Number:
(562) 904-7110
Restoration of Fire Station No.4 for damaged interior and exterior improvements - demolition, framing, drywall, insulation, flooring, tile, plumbing, paint, roofing, siding, etc.

Page 2 of 2 ends

III. BIDDER'S PROPOSAL FORM

SANTA FE AVENUE OUTDOOR DINING PLATFORM PROJECT

PROJECT BID SCHEDULE
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the gloves, in accordance with City needs and/or fund availability and the specifications provided herein.

Indicate unit price for each line item. Total quotation is to be firm offer for no Tess than ninety (90) days and will be regarded by the City as bidder's best and final offer.

BID
ITEM

1. ITEM DESCRIPTION
Construct outdoor dining platforms per the
attached plans, complete in-place
Total

QUANTITY UNIT OF

MEASURE
UNIT

PRICE TOTAL
5 EA $ 13,177.6 $65,888
$ 65,888
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
***BfiD ITEMS TO BE INPU i ED ON-LINE IN PLANET BIDS*** City of Placentia
Outdoor Dining Platforms Page 8 of 16

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE DATE: FEBRUARY 7, 2023
SUBJECT: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NV5 INC., FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES
FISCAL
IMPACT: EXPENSE: $ 170,240 AMENDMENT AMOUNT
AVAILABLE: $359.088 FISCAL YEAR 2022-23 C1P BUDGET
BUDGET $ 343,358 TOD SEWER IMPACT FEES (713101-6750)
$ 15,730 MEASURE U FUND (795106-6740)
SUMMARY:

In May 2021, the City Council awarded a Professional Services Agreement to NV5 Inc.("NV5") for on-call construction management ("CM") and inspection services. The agreement is for a three (3) year term for a not -to -exceed amount of $250,000, with the option to extend the term of the agreement for one (1) additional two-year term. Staff has utilized NV5 to provide construction management and inspection services on two separate projects, namely TOD/Crowther Sewer Line Replacement and Old City Hall Office Renovation projects. On February 15, 2022, the City Council approved Amendment No. 1 to the agreement with NV5 increasing the contract amount by $50,000 to provide inspection services for the Old City Hall Office Renovation Project for a revised cumulative not -to -exceed contract amount of $300,000.

The CM services being provided by NV5 includes a part-time construction manager and a full- time inspector on the TOD/Crowther Sewer Line Replacement Project, and a part-time inspector for the Old City Hall Office Renovation Project. Due to many unforeseen circumstances, both projects have experienced delays, and as such, additional spending authority under the contract cap is needed to cover CM and inspection services. The Old City Hall Office Renovation Project is now complete, and staff has prepared the Notice of Completion in a separate report. An additional $15,730 in spending authority is needed to pay for balance of the inspection services on this project. However, the TOD/Crowther Sewer Line Replacement Project is under construction with a projected completion date of April 2023.

Staff is recommending approval to increase the NV5's contract by an additional $154,510 for CM and inspection services needed for the remainder of TOD/Crowther Sewer Line Replacement Project. Staff is presenting this proposed amendment for City Council consideration to increase the cumulative contract not -to -exceed amount by $170,240 for a revised a cumulative contract not -to -exceed amount of $470,240. Funds to cover the added inspection costs are included in both respective project budgets.

1.g.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 of 3 ends

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Amendment No. 2 to the Professional Services Agreement with NV5 Inc., for an additional $170,240.00 to provide additional services for the Old City Hall Renovation Project and TOD/Crowther Sewer Line Replacement Project for a cumulative contract not - to -exceed amount of $470,240.00; and

2. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT
There is no specific City Council adopted 5 -Year Strategic goal or objective related to this agenda item.

DISCUSSION:

On February 4, 2021, Staff solicited proposals from qualified firms to create a bench list of professional consultants to provide on-call construction management and inspection services for the City's Capital Improvement Program (CIP). Staff selected the top four (4) ranked firms for a 3 -year term with an option for a two-year term extension based on performance and at the discretion of the City. Each consultant shall serve on an on-call basis and with a contract not -to - exceed amount of $250,000, the cost of which will be charged to individual project budgets. The purpose of having multiple firms on a bench list is to ensure efficient delivery of multiple capital improvement projects many of which may run concurrently.

NV5 was the top-ranking firm on the list and based on their qualifications, they were selected by Staff to provide CM and inspection services on the TOD/Crowther Sewer Line Replacement Project. NV5 was also selected to provide inspection services for the construction of the Old City Hall Office Renovation Project. For the Old City Hall Office Renovation project, NV5 provided a part-time inspector. The CM services being provided by NV5 on the TOD/Crowther Sewer Line Replacement Project include a part-time construction manager and a full-time inspector. For this project, NV5 provided the City with an initial proposal of $246,720.00 to perform CM and inspection services. Due to many unforeseen conditions encountered during construction, the project has experienced numerous delays. These delays are due to conflicts with City of Fullerton Contractors working within the same work area and issues surrounding the location of the connection of the new sewer line to Orange County Sanitation District's trunkline. As such, extended CM support is needed to cover the completion of construction until April 2023.

To provide sufficient contractual authority to pay for CM services on both projects, Addendum No. 1 in the amount of $50,000 was approved by the City Council on February 15, 2022, for a revised cumulative contract amount of $300,000. Due to many unforeseen circumstances, both projects have experienced extended delays and as such, additional contract spending authority is needed to cover CM and inspection services for the entire duration of construction. The Old City Hall

City Council Agenda
February 7, 2023

Page 3 ends

Office Renovation Project is now complete, and Staff has prepared the Notice of Completion for Council's approval under a separate agenda report. An additional $15,730 will be needed in additional contract spending authority to cover final inspection costs on this project. However, the TOD/Crowther Sewer Line Replacement Project is under construction with a projected completion date of April 2023. Staff seeks approval by the City Council to increase the NV5 contract by $154,510 to a not -to -exceed amount of $470,240 to pay for CM and inspection services for the remainder of the TOD/Crowther Sewer Line Replacement Project. Existing funds exist within the respective project budgets to cover the added CM and Inspection costs.

FISCAL IMPACT:

The recommended action will approve Amendment No. 2 to the Professional Services Agreement with NV5, Inc. for an additional not -to -exceed amount of $170,240 for a cumulative not -to -exceed amount of $470,240. Sufficient funds are budgeted and available in the Fiscal Year 2022-23 Capital Improvement Program Budget to cover this expense. As such, sufficient funds exist for the recommended actions.

Prepared by:

Masoud'Sepa
City Engineer
Revie
ed and approved:

Luis Estevez
Deputy City Administrator
Reviewed and approved:
pvt. Jennifer Lampmart;*
Director of Finance
_ Reviewed and approved:

Dam enAula
City Administrator
Attachments:

1. Amendment No. 2 to the Professional Services Agreement with NV5 Inc.

2. NV5 Budget Amendment request dated 10/25/22.

3. NV5 Updated Fee Correspondence dated 8/4/22.

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF ACCESSIBILITY DESIGN SERVICES SERVICES WITH NV5, INC.

This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 7th day of February, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and NV5, Inc a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 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 compensation by an additional $170,240 for additional construction management and inspection services on two project, namely TOD Crowther Sanitary Sewer Pipeline and the Old City Hall Office Renovation Projects.
(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 2.0, Paragraph 1 of the Agreement is hereby amended to read as follows:

2.0 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Four Hundred Seventy Thousand and Two Hundered Forty Dollars ($470,240.00)

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.

Page 1 of 2 ends

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: By:

David Niknafs, PE Damien R. Arrula
Director of Transportation City Administrator
ATTEST:

By:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen, City Attorney

Page 2 of 2 ends

1I5
October 25, 2022
Raquel Garcia
Associate Civil Engineer
City of Placentia
401 E. Chapman Ave
Placentia, CA 92870
Subject: Old City Hall Renovation Project - Budget Amendment Request for Inspection Dear Ms. Garcia,
NV5, Inc. (NV5) submits this budget amendment request for a total of $15,730 for additional inspection services for the subject project. The requested total is required to cover additional inspection services through the substantial completion date of October 21, 2022.

Our original budget was based on a contract duration of 90 working days. Based on the aforementioned completion date, the resulting contract duration will be 135 working days. While we have made every effort to streamline our coverage and minimize budget impacts, we are unable to absorb this increase in duration.

As of Friday, October 21, 2022, our budget balance has been exceeded by the amount requested above.

Attachment A details the requested amount.

Please know that we do not take this request lightly and that we do not submit such requests unless the conditions of the project have changed, making it infeasible for us to provide the required services within the original budget proposal. We greatly appreciate your consideration of this matter and we thank you for the opportunity to work with the City on this project. Should you have any questions or require additional information, please contact me at (949) 585-0477 or via email at [email protected] Respectfully submitted,
NV5
Pete r`Salgado, PE
Director of Construction Management
PN: P27022-0005371.00
163 Technology Drive, Suite 100 1 Irvine, CA 92618 1 www.NV5.com 1 Office 949.585.0477

Unbilled Detail and Aging
NV5, Inc.

Labor Labor
Date Code Category
/Account
Description
Project Manager Name: Salgado, Peter
Project Number: 227022-0001048.01 Placentia -Inspection Old City Hall Renov Phase Number: 01 INF Irvine
Principal: Jeffrey Cooper Total Compensation:

Project Manager:

Fee Type:

Labor:
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
00100000 Project
Inspection
9/12/22
9/13/22
9/14/22
9/15/22
9/16/22
9/19/22
9/20/22
9/21/22
9/22/22
9/23/22
9/26/22
9/27/22
9/28/22
Peter Salgado
Aged as of 10/22/2022
Billin Hours/
g Units
Statu
s
50,000.00 Rev Type: TM
Client Name: City of Placentia
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Manager Modarressi, Hossein
Billing Billing
Rate Amount
Attachment A
Tuesday, October 25, 2022
1:32:46 PM
Current 29-56 57-84 85+
JTD Billed: 46,670.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
B 4.00 130.00 520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
520.00
v7.6.771 (RIVAS) - (") indicates that the transaction has been billed in future period. Page 1 of 4

Unbilled Detail and Aging Aged as of 10/22/2022 Tuesday, October 25, 2022 1:32:46 PM Labor Labor BiIlin Hours/ Billing Billing
Date Code Category Description g Units Rate Amount Current 29-56 57-84 85+ /Account Statu
s
9/29/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
9/30/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/3/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/4/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/5/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/6/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/7/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/10/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/11/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/12/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/13/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/14/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/17/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/18/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/19/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/20/22 00100000 Project Manager Modarressi, Hossein B 4.00 130.00 520.00 520.00 Inspection
10/21/22 00100000 Project Manager Modarressi, Hossein B 5.00 130.00 650.00 650.00 Inspection
Total Billable Labor 121.00 15,730.00 10,530.00 5,200.00 Total Labor 121.00 15,730.00 10,530.00 5,200.00
Total for 01 121.00 15,730.00 10,530.00 5,200.00
v7.6.771 (RIVAS) - (") indicates that the transaction has been billed in future period. Page 2 of 4

Unbilled Detail and Aging
Labor Labor
Date Code Category
/Account
Description
Aged as of 10/22/2022 Tuesday, October 25, 2022 1:32:46 PM BiIlin Hours/ Billing Billing
g Units Rate Amount Current 29-56 57-84 85+
Statu
s
Total for 227022-0001048.01 121.00 15,730.00 10,530.00 5,200.00 v7.6.771 (RIVAS) - (") indicates that the transaction has been billed in future period. Page 3 of 4

Unbilled Detail and Aging
Labor Labor
Date Code Category
/Account
Final Totals
Report Summary (Billing):

Hours
Description
Aged as of 10/22/2022 Tuesday, October 25, 2022 1:32:46 PM BiIlin Hours/ Billing Billing
g Units Rate Amount Current 29-56 57-84 85+
Statu
s
Total for Salgado, Peter 121.00 15,730.00 10,530.00 5,200.00 121.00 15,730.00 10,530.00 5,200.00
Labor Consultants: Expenses: Units:

Billable 121.00 15,730.00
Deleted
Held
Written -off
Total 121.00 15,730.00
v7.6.771 (RIVAS) - (") indicates that the transaction has been billed in future period. Page 4 of 4

August 4, 2022
Masoud Sepahi, PE, LEED GA
City Engineer
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
SUBJECT: Crowther Sanitary Sewer Pipeline Replacement Project — Construction Management & Inspection
Dear Mr. Sepahi,
NV5, Inc. proposed on July 21, 2021, to provide Construction Management and Inspection Services to the City of Placentia (City) for its Crowther Sanitary Sewer Pipeline Replacement Project. At that time, it was expected that the project would commence right away with the awarded Contractor, Kana Construction. There are multiple factors extending this contract that are beyond NV5's control, as outlined below for consideration by the City.

Due to issues with the proposed traffic control from the terminus OCSD at Fullerton, the Contractor was not able to commence work at the OCSD location, and a delay on the project ensued beyond the Contractor's, NV5's, and the City of Placentia's control. Ultimately, the Contractor's NTP was moved to June 13, 2022, with a final completion date of March 31, 2023. The City issued a non - compensable change order No. 1 to the Contractor to adjust the completion date with a total of 306 working days. The revised baseline schedule update from Kana Construction received on May 25, 2022, indicated a total of 208 working days through March 29, 2023, with the City's final change order bringing the actual field days through March 31, 2023, to 210 working days. Therefore, NV5 is asking for additional Construction Management time to account for the unanticipated time spent through June 13, 2022, while continuing to work with the City through the unanticipated project delays until the actual construction started. This totals an additional 146 hours over our original fee, which budgeted 320 hours for the Construction Manager.

The City, as well, has granted the Construction Contractor additional time via Change Order No. 1 to the Contractor over the original specifications on which NV5 based its proposal. NV5's Construction Inspection tasks have increased from our original 1,434 working hours to 1,682 working hours, considering this increased construction time that the City granted the Contractor, resulting in an additional fee increase to cover this required additional Construction Inspection time.

Since this project has gone a full year past the original planned start date through what should have been our term of completion, NV5 is respectfully asking for rate increases especially for our prevailing wage Construction Inspector, who has mandatory State DIR wage increases that were unanticipated due to the continued duration of the project outside of our control.

Our original scope of services included managing the City's Material Testing Consultant. However, now, on July 14, 2022, with discussions with the City Engineer and emails, the City Engineer wants to add to NV5's scope of work to include materials testing on backfill materials to verify proper compaction to meet the requirements of the 2015 Greenbook, Section 300-4 and Section 306-12.3.

A separate fee sheet is attached showing this scope of work and fee for these additional services. 163 Technology Drive, Suite 100 1 Irvine, CA 92618 1 www.NV5.com 1 Office 949.585.0477

Page 2 ends

Crowther Sanitary Sewer Pipeline Replacement Project
Our total additional scope of work fee, including the various elements above, is $154,510, bringing our Contract to a total of $401,230.

NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
Luanne Bean, PE
Director of Water/
Wastewater Operations
PN: P27022-0005319.00
Jeffrey M. Cooper, PE
S nior Vice President
N
V
5 NV5

FEE PROPOSAL
Crowther Sanitary Sewer Pipeline Replacement Project Professional Engineering Services CM and Inspection Services
TASK NO. WORK DESCRIPTION

PRINCIPAL -IN- CHARGE

CONSTRUCTION

MANAGER
INSPECTOR, PW **

ADMINISTRATION
ODC'S*

MATERIALS

TESTING (SEE

ATTACHED

TOTAL FEE
HOURS $ 225
HOURS $ 185
HOURS $ 145
HOURS $ 90

1.0 .fONSTRUCTION MANAGEMENT
Pre -Construction Conference
Weekly Construction Meetings (200 WD)
Part Time CM Duties (200 WD @ 8 hr/wk)
12 $2,700
8 80
232
$1,480
$14.800
$42.920
2 $290
$510
$1,770
$14,800
$46,130
Task 1 Subtotal
12 $2,700
320
$59.200
2 $290
0 $0
$510
L_NSTRUCTION INSPECTIO
_ Construction Inspection (179 WD FT PW)
1680
$243,600
40 $3,600
$2,290
$249,490
Task 2 Subtotal
0 $0
0 50
1680
$243,600
40 $3,600
$2,290
$0
$249,490

3.0 MATERIALS TESTING
-
See Attached
$65,720
$65,720
Task 3 Subtotal
0 SO
0 SO
0 $0
0 SO
$0
$65,720
$65,720
Original Project Fee 2021-2022
Encumbered Prior to Construction -_--t__-_-
Revised Fee Per 2022-2023 Duration -_--r__-_-
Net Change Order Amount (Revised -.5,720■
Original+Encumbered)
1 .5,720m
ew Contract Fee
* ODC's* Include 15% Markup ** Regular Rate Up to 8 Hours ■�.�■
daily, 1.5x regular
rate for 8-12
hours and Saturday
Work,
and 2x Regular
Rate for •.

SERVICE QUANTITY mil
FIELD WORK - SOILS INSPECTORS / TECHS (Hours)

OILS LABORATORY TESTING
Estimated Fee - Construction Materials Testing & Inspection Tod Crowther Sewer Pipeline Project

COMMENTS / ASSUMPTIONS
Soils Technician - Group 1*
Sample Pick-up
420
$108.00
5 $70.00
$45,360.00
Assuming 1 Technician, 2+ visits of per week of 4 hrs. each for soil compaction testing.

Scope of work is scheduled for time period between July 14, 2022, and March 31, 2023. (The 2+ visits breakdown is 2 visits per week of 4 hrs. each with the option of 3rd visit of the same length on as project "NEEDED" basis.)
$350.00 Assumimg 5 Soils Sample Pick-ups, 3 for City of Placentia and 2 for City of Fullerton.

Subtotal: $45,710.00
■
MEN I
Soil Processing Fee (per sample)
Modified Proctor Test, ASTM D1557, 4" Mold
Sieve Analysis
Sulfate Content of Soil
Chloride Content of Soil
Sand Equivalent
Resistivity & PH of Soil
5 5
5 4
4 5
4 $20.00
$200.00
$130.00
$80.00
$80.00
$95.00
$170.00
$100.00
$1,000.00
$650.00
$320.00
$320.00
$475.00
$680.00
Subtotal:
$3,545.00
■
Assumes 5 composite soils samples. 2 for Each City (Placentia and Fullerton), and 1 additional for processed undocument fill.

Assumes 5 soils compaction tests. 2 for Each City (Placentia and Fullerton), and 1 additional for processed undocument fill.

Assumes 5 Sieve Analysis Tests. 2 for Each City (Placentia and Fullerton), and 1 additional for processed undocument fill.

Assumes 4 Sulfate Testing, 2 for Each City (Placentia and Fullerton).

Assumes 4 Sulfate Testing, 2 for Each City (Placentia and Fullerton).

Assumes 5 Sand Equivalent Tests. 2 for Each City (Placentia and Fullerton), and 1 additional for processed undocument fill.

Assumes 4 minimum resistivity testing, 2 for each City (Placentia and Fullerton).

FIELD WORK - BASE INSPECTION / TECH'S (Hours)

COMMENTS / ASSUMPTIONS
Soils/Base Technician - Group 1*
Sample Pick Up
40 2
$108.00
$70.00
$4,320.00
$140.00
Subtotal: $4,460.00
Assuming total of 10 Visits, 4 hrs. each, for Base compaction/testing. Scope of work is scheduled for time period between July 14, 2022, and March 31, 2023.

Assming 2 Base Sample Pickups (One Per City, Total Approx. 80 Ton) 1 BASE LABORATORY TESTI
Soil Processing Fee
Modified Proctor 6" mold Test, ASTM D1557
Sieve Analysis, Coarse & Fine (Includes Wash)
2 2
2 FIELD WORK - PAVING INSPECTION / TECH'S (Hours)
$20.00 $40.00 Assumes 2 composite soils samples.
$260.00 $520.00 Assumes 2 Base compaction testing, 1 for Each City (Placentia and Fullerton). $130.00 $260.00 Assumes 2 Samples, 1 for Each City (Placentia and Fullerton) Subtotal:
$820.00
■
Asphalt Technician - Group 1*
Sample Pick Up
60 2
$108.00
$6,480.00
$70.00 $140.00
Subtotal:
$6,620.00

COMMENTS / ASSUMPTIONS
Assuming total of 15 Visits, 4-hrs each, for AC compaction testing & Inspection of AC mesh under AC Cap. Scope of work is scheduled for time period between July 14, 2022 and March 31, 2023.

Assming 2 AC Sample Pickup (One Per City, Total Approx. 53 Ton) Maximum Theoretical Density (ASTM D2041)
Hveem Stability
6 $200.00 $1,200.00 Assumes 6 samples, one each 10 Ton of paving from single source of asphalt concrete. 2 $200.00 $400.00 Assumes 2 Samples, 1 for Each City
Subtotal: $1,600.00
■

PROJECT MANAGEMENT / ENGINEERING
Project Admin - Staff
Project Engineer
Principal Engineer
9 9
4 $70.00
$155.00
$235.00
$630.00
$1,395.00
$940.00
Subtotal: $2,965.00
1 Hour per month (July 2022 - March 2023)
1 Hour per month (July 2022 - March 2023)
1/2 Hour per month (July 2022 - March 2023)

SPECIAL CONDITIONS
1 Prevailing Wage
Minimum Charges
Overtimes Rate(s)
Yes
Yes
An Hourly Rate Schedule was presented in NV5 Submittal dated February 25, 2021, for On -Call Construction Management & Inspection Services. Asssumed rates presented above reflect rates and assumptions presented in Section D. Allocation of Resources of the NV5 submittal, which notes that rates are "Effective Tanuary 1.2021 through December 31. 2021. If contract assignment extends beyond that date. rates may be subiect to an annual rate increase based upon the LA/OC CPI each consecutive year beginning Tabnuary 1.2022". For April 2021 -April 2022, the Bureau of Labor Statistics announced the Orange County CPI to be set at 7.9% Current prevailing wage rates are based upon the General Prevailing Wage Determinations for Building/Construction Inspectors and Field Soils and Material Testers, in effect as of this date (SC -23-63-2-2021-1D).

Hours will be charged upon portal-to-portal basis, from the NV5 Irvine office. For inspection call -out between 0 and 4 hours, a minimum charge of 4 hours will be applied. Eight hours will be charged for work performed between 4.5 and 8 hours. A 2 -hour minimum will apply for unscheduled cancellations. A 4 -hour minimum charge shall apply to all cancellations after inspector has been dispatched.

Rates are based on an 8 -hour workday between the hours of 7 a.m. and 3:30 p.m. Monday through Friday. Work outside of these hours or in excess of 8 hours in one day or over 40 hours in one week will be charged a premium of 1.5 times the quoted rates. Work over 12 hours in one day or over 8 hours on the 7th consecutive day or worked holidays will be charged at 2.0 times quoted rates.

No construction schedule was provided, therefore we have made some assumptions regarding the quantity and frequency of testing and inspection needed. Actual number of visits and hours will depend on the quality and efficiency of work performed. Our estimate does not include any retesting or standby or allocation for canceled work. Estimated durations are based upon a review of the project documents and past experience on similar projects.

NV5 reserves the right to reevaluate the anticipated level of effort identified within this estimate once a construction schedule is provided.

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE FEBRUARY 7, 2023
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS INC. FOR ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
EXPENSE:

AVAILABLE:

BUDGET
$ 50,000 AMENDMENT AMOUNT
$ 382,033.36 FISCAL YEAR 2022-23 CIP BUDGET
$ 382,033.36 HSIP GRANT (332908-6741)
$ 59,114.87 MEASURE U FUND (791101-6740)
On May 18th, 2021, the City Council approved a contract in the amount of $250,000 with Transtech Engineers Inc. (Transtech) for On-call Construction Management (CM) and inspection services.

Staff utilized this contract to provide these services in the Fiscal Year (FY) 20-21 Arterial Roadway Resurfacing Project and the Highway Safety Improvement Program (HSIP), traffic safety improvement project.

On October 4th, 2022, Addendum No. 1, was approved by the City Administrator under his approval authority for providing additional spending limits on the Transtech' s contract amount by $25,000. The contract limit was increased to provide additional funding to cover the inspection services on both projects, bringing their maximum contract amount to $275,000. The CM services being provided by Transtech includes a part-time construction manager and a full-time inspector on the FY 20-21 Arterial Roadway Rehabilitation Project and the HSIP project. Due to numerous unforeseen conditions, both projects have experienced delays and as such, additional spending cap authority is needed to cover the additional hours needed to complete the projects. Therefore, Staff seeks approval by the Council to increase Transtech' s contract by $50,000 to a not -to - exceed amount of $325,000 to pay for CM and inspection services for covering the remainder of the projects. Funding for the additional hours is available within each respective project budget.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Amendment No. 2 to the Professional Services Agreement with Transtech for an additional $50,000, for a cumulative contract not -to -exceed amount of $325,000; and

7.h.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 of 3 ends

2. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT
There is no specific City Council adopted 5 -Year Strategic Goal or objective related to this agenda item.

DISCUSSION:

On February 4, 2021, Staff solicited proposals from qualified firms to create a bench list of professional consultants to provide on-call construction management and inspection services for the City's Capital Improvement Program (CIP). Staff selected the top four (4) ranked firms for a 3 -year term with an option for a two-year term extension based upon performance and at the discretion of the City. Each consultant serves on an on-call basis and with a contract not -to -exceed amount of $250,000, the cost of which is charged to individual project budgets. The purpose of having multiple firms on a bench list is to ensure efficient delivery of multiple capital improvement projects some of which may run concurrently.

As one of the top-ranking firms on the list, Transtech was selected based upon their experience and qualifications to provide the City with CM and inspection services on the FY 20-21 Arterial Rehabilitation and the Highway Safety Improvement Program (HSIP) projects. The CM services being provided by Transtech includes a part-time construction manager and a full-time inspector on both projects. Transtech provided the City with an initial proposal in the amount of $137,965 for performing CM and inspection services on the FY 20-21 Arterial Paving Project and $88,996 for the HSIP, respectively. In addition, Transtech provided the City with a proposal in the amount of $9,990 for materials testing services to provide quality assurance on the City's paving projects.

Due to several unforeseen conditions encountered during construction, both projects have experienced extensive delays, some of which was attributed to conflicts with unforeseen field conditions which were not anticipated during the design phase of the project.

To provide adequate spending authority under the contract cap, Addendum No. 1 in the amount of $25,000.00 was approved by the City Administrator under his approval authority limit. The new not -to -exceed contract amount was raised to $275,000. On the HSIP project, up to 10% of change orders will be paid for by the grant which has already been approved by the State.

The FY 20-21 Arterial Rehabilitation Project is now complete and the HSIP project is near completion, with minor punch list work left to complete. An additional $50,000 in additional spending authority under the contract cap is needed to pay for balance of the CM and inspection services on both projects. Staff seeks Council approval to increase Transtech's contract by $50,000 to a not -to -exceed amount of $325,000 to pay for CM and inspection services for covering the remainder of the projects. All additional costs for CM and inspection services are covered in each respective project budget, including the grant funded HSIP project.

City Council Agenda
February 7, 2023

Page 3 of 3 ends

FISCAL IMPACT:

The recommended action will approve an amendment to the Professional Services Agreement with Transtech for an additional $50,000 for a cumulative not -to -exceed amount of $325,000. A total amount of 382,033.36 is available and budgeted in the Fiscal Year (FY) 2022-23 CIP Budget for the Citywide HSIP Traffic Signal Project. In addition, a total of $86,500 is included for allocation in the FY 2022-23 CIP Mid -Year Budget Adjustment to cover the cost of the proposed amendment.

Accordingly, sufficient funds existing for the recommended actions.

Prepared by:

Masoud S5afyt
City Engi
Reviewed and approved:

Ar Jerrrffer Lampman
Director of Finance
Reviewed.iii"':' o i ri ved:

Luis Estevez
Deputy City Administrator
Reviewed and approved:

Da-miennR. Arrula
City Administrator
Attachment:

Amendment No. 2 to PSA with Transtech, Inc.

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF PROFESSIONAL SERVICES WITH
TRANSTECH ENGINEERS, INC.

This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the February 7th, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and TRANSTECH ENGINEERS, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. RECITALS:
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18, 2022 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 $ for additional construction management and inspection services in support of both the FY 20-21 Arterial Roadway Rehab Project and the Highway Safety Improvement Program (HSIP).
(iii). All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2.1, Paragraph 1 of the Agreement is hereby amded to read as follows:

2.1. Compensation. Consultant shall be paid in accordance with the fee scheduled set forth in Exhibit "A". Consultant's total compensation shall not exceed Two Hundred Seventy Five Thousand Dollars ($ ) over the initial three year term.

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.

Page 1 of 2 ends

5. 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 Professional Services Agreement are to be executed as of the day and year first above written.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 2 to Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By: By:

Ahmand R. Ansari, PE, Principal Damien R. Arrula, City Administrator ATTEST:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen, City Attorney

Page 2 of 2 ends

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE FEBRUARY 7, 2023
SUBJECT: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH

DUDEK CORPORATION FOR ENGINEERING DESIGN SUPPORT SERVICES

FOR THE TOD CROWTHER SEWER PIPELINE REPLACEMENT PROJECT FISCAL
IMPACT: EXPENSE: $ 42,600.00 ENGINEERING DESIGN SERVICES

AVAILABLE
BUDGET: $ 343,358.00 FY 2022-23 CIP PROJECT BUDGET (713101-6750) SUMMARY:

The development of the City's Transit -Oriented Development ("TOD") Packinghouse District requires upgrading the existing sewer line in Crowther Avenue to provide adequate capacity for all the new planned developments along Crowther Avenue. Dudek Corporation (Dudek) completed the design of the TOD Crowther Sewer Pipeline Project ("Project") and on November 16, 2021, City Council approved a construction contract with the low -bidder, Kana Pipeline Inc., and a contract with Dudek for providing engineering support services during the construction of the Project. Since the start of construction in January of 2022, Dudek has been reviewing submittals, answering Requests for Information, reviewing schedules and change orders, in addition to resolving many design and unforeseen construction issues.

On July 5, 2022, the City Council approved Amendment No. 1 in the amount of $32,255 to increase Dudek's contract amount for performing engineering services on many ongoing design changes. Due to the nature of the project with the sewer line crossing many existing utilities, some of which were found to be abandoned without any past records, the Contractor had to change the sewer alignment many times. This required Dudek to check and review various options for re- routing the sewer line. In addition, Dudek had to perform additional engineering calculations to ensure that the overall design of the pipeline and capacity remains the same as the original design. In addition, the sequence of the construction was changed due to conflicts with the contractors working on street improvement work within the City of Fullerton. As a result, Kana Pipeline had to change the sequence of construction and it became essential for Dudek to check and evaluate the plans to ensure that the revisions are acceptable, and the design would be compatible with the new alignments. The proposed Amendment No. 2 in the not -to -exceed amount of $42,600 is necessary for Dudek to continue with supporting the project and to handle the ongoing and future construction issues throughout the remainder of the project duration.

1.i.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 of 3 ends

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Amendment No. 2 to Professional Services Agreement with Dudek Corporation for an additional $42,600 to complete additional design work for a cumulative contract not - to -exceed amount of $114,855; and

2. Authorize the City Administrator and/or his designee to execute all the necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT
There is no specific 5 -Year Strategic Plan Goal or Objective associated with the recommended actions.

DISCUSSION:

The existing sewer line serving the Transit -Oriented Development (TOD) District requires upgrading to provide adequate sewer capacity for the new developments along Crowther Avenue.

Along with a construction contract to Kana Pipeline, on November 16, 2021, the City Council also approved a contract with Dudek for providing engineering support services during the construction of the TOD Crowther Sewer Project. Dudek was the original designer for the TOD Crowther Sewer Pipeline Project. Dudek has actively been resolving the design changes on many unforeseen conditions that were encountered since the beginning of the construction.

Some of the conditions that required Dudek to perform additional engineering design include multiple realignment of the sewer line and changing the sequence of construction due to conflicts with multiple existing utilities. After the initial potholing for identifying existing utilities, the contractor found that the invert elevations for the new sewer conflicted with the Orange County Sanitation Districts' (OCSD) trunkline. The Contractor conducted 12 potholes in the intersection to support investigating the realignment. Dudek had to analyze the original design to ensure that the design of the new gravity sewer line would work with the new elevations at the OCSD connection point. In addition, the Contractor could not start work at State College, due to conflict with ongoing work by contractors working on street improvements for the City of Fullerton within the same vicinity. As such, the contractor had to start work upstream of the connection point to OCSD. Dudek had to perform design evaluations to ensure that the new phasing plan for contractor to start work upstream of the connection point would work with the new elevations that were obtained using the potholing information. As a result, Kana Pipeline had to change the sequence of construction and it became essential for Dudek to check and evaluate the plans to ensure that the revisions are acceptable, and the design would work with the new alignments.

Other design work to address utility conflicts in the field included coordination with active waterlines. Dudek had to obtain confirmation from Golden State Water and Department of Drinking Water (DDW) to update the DDW variance and to get approval on the sewer alignments near waterlines. In early August 2022, the Contractor discovered a 6" high pressure gas pipeline,

City Council Agenda
February 7, 2023

Page 3 of 3 ends

which was too close to the new sewer pipeline alignment. Work had to stop to address this issue and Dudek had to assist with developing a detailed design and preparation of variance letters to SoCaI Gas to allow the new sewer pipeline to be constructed under the existing gas pipeline.

SoCal Gas accepted the detail and allowed completion of the work. Again in late August, 2022, while potholing for existing utilities, along Crowther Avenue at the Melrose intersection, an existing 4" gas pipeline and a 10" waterline were found to be in conflict with the new sewer pipeline alignment. A series of potholes were completed in early September 2022 to allow the redesign of the sewer through the Melrose intersection.

On July 5, 2022, the City Council approved Amendment No. 1 in the amount of $32,255 to increase the Dudek's contract amount for performing engineering services on many ongoing design changes. Due to many changes that had to be re-evaluated by Dudek, additional funding is needed to carry the project to completion. This proposed Amendment No. 2 will provide additional funding for Dudek to continue with engineering support services and to assist with performing necessary engineering design evaluations and resolving any unforeseen construction issues for the balance of the project. Construction of this project is currently scheduled to be completed in April.

FISCAL IMPACT:

The recommended actions will approve Amendment No. 2 to the Professional Services Agreement with Dudek increasing the contract amount by $42,600, for a cumulative not -to -exceed the contract amount of $114,855. A total amount of 343,358 is available and budgeted within the Fiscal Year (FY) 2022-23 CIP Budget for the TOD/Crowther Sewer Line Replacement Project. As such, sufficient funds exist for the recommended actions.

Prepared by: Review- • and . . proved:

Masoud ' epahi
City En• n-er
Reviewed and approved:

Jerinffer Lampman
Director of Finance
Luis Estevez
Deputy City Administrator
Reviewed and approved:

Darfrien--W-; rrula
City Administrator
Attachments:

1. Dudek Proposal for Construction Support Services dated September 21, 2022

2. Amendment No. 2 to Professional Services Agreement with Dudek Corporation

605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
T 760.942.5147 F 760.632.0164
September 21, 2022
Masoud Sepahi, PE
City Engineer
City of Placentia
401 E. Chapman Ave
Placentia, CA 92870
Subject: Proposal for Construction Support Services for the Crowther Sewer Project Amendment 2 Dear Mr. Sepahi:

Dudek and the City of Placentia (City) entered into a contract November 2021 for engineering and construction support services for the Crowther Sewer Project. The original contract value was $32,255.

As part of the early stages of the project, a large number of submittals and resubmittals necessitated additional Dudek labor to process these submittals. As a result, Dudek submitted Amendment #1 in April 2022 to request additional budget of $40,000 to support the construction phase.

Since April 2022, a large number of challenges have been supported in the process of moving the project forward.

The following bullet list provides a list of focused efforts conducted by Dudek to support the project moving forward. • Realignment option at State College. OCSan completed construction of the new trunk sewer in State College in 2017. Due to the proximity of existing utilities in the intersection of State College and Orangethorpe Avenue, realignment was considered for this portion of the new sewer. The Contractor conducted approximability 12 potholes in the intersection to support investigating the realignment. Dudek developed two alignment alternatives based on the potholing data. Following the analysis, Dudek confirmed the recommended approach is to construct the new sewer in the original alignment. • In April 2022, Dudek coordinated with Golden State Water and Department of Drinking Water (DDW) to update the DDW variance.
• Weekly Meetings: Dudek has attended most weekly construction meetings from April through August. • Due to work being conducted by City of Fullerton at Orangethrope and State College, the City requested consideration to start the project upstream from the furthest downstream connection point at OCSan.

Dudek investigated options and identified the location along the alignment at the Caltrans crossing as appropriate for beginning the project construction. Potholing information was requested and reviewed to support this recommended alternative starting point. Sheet C-6 of the construction plans was updated to designate the new starting point. This plan also provides direction on connecting the new sewer to the existing sewer at Industrial Way to allow for connecting existing laterals to the new sewer without having 24-hour bypassing.

DUDEK
1 September 2022

Mr. Sepahi
Subject: Crowther Sewer Pipeline - Construction Support Services Proposal Amendment 2 • In June 2022, the contractor confirmed that they did not intend to fuse the HDPE pipe for the project and expected to obtain a change order to address the additional cost for fusion. Dudek had numerous calls with the City and construction manager providing supporting information that fusion of HDPE is required as part of the construction documents. Following a meeting with the Contractor in early July, they confirmed they purposely bid the project without fusion to achieve a lower cost bid and securing the Contract with the City. Dudek assisted with evaluating the option of using a pressure rated coupling as an alternative to fusion. We coordinated directly with Golden State Water and organized a team meeting with GSW to discuss options. Dudek was successful in obtaining acceptance from GSW to allow push -on C900 PVC pipe with internal thrust restraint where the new sewer pipeline has a vertical separation from the existing water pipe of greater than 5 -ft. We were able to have GSW write an acceptance letter and coordinate the resubmittal of the City of Placentia variance letter to DDW, which was approved a week after submittal. • The project started construction in mid-June 2022. The contractor immediately identified an undocumented pipeline and stopped work. Dudek assisted in investigating this pipeline and provided direction for identifying ownership. The pipeline was ultimately found to be abandoned. • Submittals 32 through 41 were processed between April and August 2022. • Dudek has been supporting both the City and Construction management firm by averaging two (2) meetings/calls weekly with the Team for the past 3 months. • In Early August, the Contractor discovered the 6" high pressure gas pipeline was very near the new sewer pipeline alignment. Work was stopped to address this issue. Dudek assisted the team in developing a detail and variance letter to SoCal Gas to allow the new sewer pipeline to be constructed under the existing gas pipeline. SoCal Gas accepted the detail and allowed completion of the work. • In Mid -August, the Contractor submitted CCTV information and requested a change order for reconnection of additional sewer laterals. Dudek reviewed this information and concluded that the "additional" laterals were for the JPI development, and that ultimately, there is one less lateral to connect. • In late August, potholing along Crowther at Melrose identified that an existing 4" gas pipeline followed the alignment of the new sewer pipeline. A series of potholes were completed in early September to allow the redesign of the sewer through the Melrose intersection. This work is currently being evaluated and designed.

The above items have been completed by Dudek between the months of April through August 2022 and have exhausted the full amount of the Amendment request submitted in April 2022. Therefore, we are submitting this Amendment request #2 to continue to support the construction phase of the project.

Anticipated steps to include in this amendment are listed below, with an estimated level of effort:

1. Realignment of Crowther through Melrose Ave. This effort will utilize pothole information to evaluate the feasibility of a new pipeline alignment through Melrose Ave that ideally negotiates above/below existing storm drain, water pipes and utilities. Based on information received over the past 2 days, this realignment is unlikely to be feasible. Therefore Dudek anticipates the project length to be shortened to just before Melrose. Coordination of this design change is ongoing. Level of Effort estimated: $5,000.

DUDEK
2 September 2022

Mr. Sepahi
Subject: Crowther Sewer Pipeline - Construction Support Services Proposal Amendment 2

2. Additional CCTV information was provided to evaluate which laterals to reconnect. Dudek will assist the City in validating lateral reconnections. Level of Effort estimated: $1,500.

3. There are potentially two (2) additional SoCalGas pipeline crossings along Placentia Avenue. Depending on forthcoming pothole information, the proposed sewer pipelines in these areas may require realignment.

Coordination with SoCalGas may also be necessary to address separation requirements and protection of the existing utility. Level of Effort estimated: $2,500.

4. Crowther Avenue east of Melrose: There are numerous existing utilizes along this end reach of the pipeline, including a newly installed underground electrical duct bank. While realignment of the sewer is not anticipated, there is a potential that conflicts may arise in this congested area necessitating Dudek assistance in a solution and direction to the team. Leve of Effort estimated: $2,000

5. Weekly construction meetings: Construction is anticipated to continue for the next five (5) months, with Dudek attendance in weekly construction meetings. Level of Effort estimated: $8,000.

6. Submittal and/or RFIs: Most submittals have been processed. But additional submittals and/or RFI's are likely as the project continues. Level of Effort estimated: $3,000

7. Approximately 10+ construction change orders have been submitted to the City. Dudek is expecting to support the City in evaluating and justifying or refuting the claims or dollar amounts of multiple change orders. Level of Effort estimated: $7,500.

8. Record Drawing Preparation: Preparation of record drawings based on CM and contractor provided redline markups. Level of Effort estimate: $6,000.

9. Contingency Budget: Additional as -need budget to assist the City. Level of Effort estimate: $7,100 (20% of amendment request #2)
DUDEK
3 September 2022

Mr. Sepahi
Subject: Crowther Sewer Pipeline - Construction Support Services Proposal Amendment 2 Summary of above bullet items:

1. Melrose Realignment: $5,000

2. Lateral CCTV/Research: $1,500

3. Gas Line Crossing Coordination: $2,500

4. Crowther East of Melrose: $2,000

5. Weekly Construction Meetings: $8,000

6. Submittal and/or RFIs: $3,000

7. Change Order Support: $7,500

8. Record Drawing Preparation: $6,000

9. Contingency Budget: $7.100
Total: $42,600
Dudek requests consideration of an amendment for additional $42,600 to continue the tasks for construction support services for the Crowther Sewer Project, including meetings, coordination, submittals, RFIs, and production of record drawings. All labor effort is provided on an as -needed basis and billed on a time and materials basis.

Please feel free to call or email me at 760-479-4107/[email protected] if you have questions regarding our proposal. We look forward to continuing to support the project through completion.

Sincerely,
Russ Bergholz, P 'M
Principal
DUDEK
4 September 2022

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF ENGINEERING SERVICES FOR OLD TOWN SEWER
REHABILITATION PROJECT WITH DUDEK, INC.

This Amendment No. 2 ("Amendment") to Professional Services Agreement is made and entered into effective the 7th day of February 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and KUDEK, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective Nobemeber 16, 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 contract amount from $42,600 to a total of not -to -exceed amount of $114,855.

NOW, THEREFORE, in consideration of the mutual covenenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 4.1, Paragraph one of the Agreement is hereby amended to read as follows:

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.

5. 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.

Page 1 of 2 ends

CONSULTANT CITY OF PLACENTIA
By: By:

Russ Bergholz Damien Arulla
Principal Engineer City Administrator
ATTEST:

Patrick J. Melia,
City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen
City Attorney

Page 2 of 2 ends

Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: FEBRUARY 7, 2023

AGENDA REPORT
SUBJECT: RESOLUTION DECLARING CERTAIN PROPERTIES LOCATED AT 323, 307, 312 and 314 BAKER STREET IN THE CITY OF PLACENTIA, EXEMPT SURPLUS

LAND FOR PURPOSES OF THE SURPLUS LAND ACT
FISCAL
IMPACT: NONE
SUMMARY:

The Surplus Land Act (SLA) of California (Government Code Section 54221) requires that a City must declare property to be "surplus land" before the City can take any action (sale or lease) to dispose of the property. Surplus land is land deemed not necessary for a local agency's use, including, but not limited to, utility sites or land used for conservation purposes.

In the Fall of 2019, Assembly Bill 1486 amended the SLA to address the current housing crisis by promoting the construction of affordable housing on surplus land. The amendments require that a local agency sell property through a Notice of Availability followed by a negotiation process that favors affordable housing. However, the SLA and Section 103 of the Guidelines allow for exceptions to this standard SLA process. Specifically, SLA Section 54221(f)(1)(F)(i) of the Guidelines allow for a property to be declared "Exempt Surplus" land if 100% of the units are restricted to low- and moderate -income households, of which at least 75% of the proposed residential units are restricted to lower income households and the minimum income and affordability covenants terms are 55 years for rental units and 45 years for ownership units. Based on these Guidelines, the proposed affordable housing development at Baker Street is in alignment with the "Exempt Surplus Land" status designation under Section 54221(f)(1)(F)(i) of the SLA.

This action authorizes the City Administrator, and/or his designee, to initiate the "Exempt Surplus Land" status designation with the California Department of Housing and Community Development (HCD). If approved by the City Council, the Resolution must be provided to HCD for review and approval at least 30 days prior to disposition of the City -owned parcels. HCD will have thirty (30) days from receipt of the Resolution to determine whether the proposed parcels are exempt from further requirements of the SLA.

1.j.

Feb 07, 2023

City Council/Successor Agency/ICDA Agenda
February 7, 2023

Page 2 of 4 ends

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Adopt Resolution No. R-2023-05, A Resolution of the City Council of the City of Placentia, California declaring pursuant to the Surplus Land Act that certain real property owned by the City located at 323, 307, 312, and 314 Baker Street are exempt surplus land not necessary for the City's use and proposed for a 100% affordable housing development finding that such declaration is exempt from environmental review pursuant to Section 15194 of the California Environmental Quality Act and taking related actions; and

2. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Promote Community and Economic Development under Objective #3.9, which is Facilitate Affordable Housing along Baker Street.

DISCUSSION:

On July 18, 2017, the City Council successfully adopted the Old Town Revitalization Plan. This zone change plan will improve and position the City's historic center to better connect with other areas of the City. Old Town Placentia is an asset to the City and is poised to be one of the City's key destinations. The plan will enhance the historic importance of the area and create public spaces and pathways making a cohesive small scale walkable urban village feel with retail, restaurants, offices, and residential areas. The Baker Street properties are within this zone change and are designated for high-density residential development at 65 max density units per acre. This area is zoned for a maximum building height of four stories (55 feet) located along Baker Street and Walnut Avenue at the southwest corner of the Plan area, just north of the railroad tracks.

On October 18, 2022, the City Council approved a Professional Services Agreement with Keyser Marston Associates for Real Estate Advisory Services for Affordable Housing Development on Baker Street. Based on Keyser Marston's Analysis, it is determined that the City -owned properties at 323, 307, 312, and 314 Baker Street, proposed for an affordable housing development, are in alignment with the "Exempt Surplus Land" status designation under Section 54221(f)(1)(F)(i) of the SLA.

PROVISIONS OF THE SURPLUS LAND ACT
Surplus Land Act (Gov't Code § 54220, et seq.) reaffirmed the State's commitment to further the availability of affordable housing by requiring that surplus government land be first made available for housing projects. As a result, the California Department of Housing and Community Development (HCD) adopted guidelines to increase compliance with the Surplus Land Act that

City Council/Successor Agency/ICDA Agenda
February 7, 2023

Page 3 of 4 ends

clarify and strengthen reporting and enforcement provisions of the Act. In general, prior to the disposition of surplus land, agencies must first hold a public meeting to declare the property as surplus land. After the meeting, agencies must send a written notice of availability to local public entities and certain housing sponsors of the availability of surplus land. Entities have sixty (60) days to respond. If a notice of interest is received by a proper entity, the agency and the entity will enter a 90 -day negotiation period. Once the negotiation period has ended, the agency may dispose of the surplus land. Should an agency dispose of the surplus land in violation of the Act, the agency shall be subject to penalties set forth in Government Code Section 54230.5.

An agency may be exempt from the provisions noted above if the property is determined to be "Exempt Surplus Land". To do so, the agency shall do the following:

1. Adopt a resolution declaring the property as exempt surplus land during a regularly held public meeting.

2. Prior to adoption, notify HCD to clarify whether land should be declared "surplus land" or "exempt surplus land."

3. If concurrence is received, proceed with the resolution process.

4. Once adopted, a copy of the resolution shall be provided to HCD a minimum of thirty (30) days prior to the disposition of the land.

Staff has notified HCD to determine if the properties along Baker Street qualifies as "Exempt Surplus Land" under the category: Land for Affordable housing.

Based on their initial review, HCD staff has indicated that as long the property is not located within the areas listed in Gov. Code section 54221(f)(2), such as adjacent to a historical unit of the State Parks System or determined by the State Office of Historic Preservation to be eligible for the National Register of Historic Places, then it appears the properties at 323, 307, 312 and 314 Baker Street would indeed qualify for the affordable housing exemption (Gov. Code Section 54221(f)(1)(F)(i)) if developed under the criteria listed in the statute. If that is the case, HCD does not see any need for changes to the resolution.

ENVIRONMENTAL (CEQA) REVIEW
Staff has determined that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15194, Affordable Housing Exemption, which applies to projects that provide housing for low-income households, on a site that is Tess than five acres and located in an urbanized area. Therefore, no further environmental review is required.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

City Council/Successor Agency/ICDA Agenda
February 7, 2023

Page 4 ends

Prepared by: Reviewed and approved:
knn• • ega
As istant to the City Administrator/
Economic Development Manager
Reviewed and appro
Damien R. Arrula
City Administrator
Attachment:

Resolution R-2023-05
Joph M. 'Lambert
Director of Development Services

RESOLUTION NO. R-2023-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA DECLARING PURSUANT TO

THE SURPLUS LAND ACT THAT CERTAIN REAL
PROPERTY OWNED BY THE CITY LOCATED AT 323, 307,
312, AND 314 BAKER STREET ARE EXEMPT SURPLUS

LAND NOT NECESSARY FOR THE CITY'S USE AND
PROPOSED FOR A 100% AFFORDABLE HOUSING
DEVELOPMENT; FINDING THAT SUCH DECLARATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15194 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND TAKING RELATED ACTIONS.

A. Recitals.
(i). The City of Placentia is the owner in fee simple of that certain real property located in the City at 323 Baker Street (APN 339-392-19), 307 Baker Street (APN 339- 392-14), 312 Baker Street (APN 339-391-15) and 314 Baker Street (APN 339-391-14) ("City Parcels").
(ii). Pursuant to Section 54221(b) of the Surplus Land Act (SLA), Government Code Sections 54220-54234 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land.
(iii). Government Code Section 54221(f)(1)(F)(i) of the SLA allow for a property to be declared "Exempt Surplus" land if 100% of the proposed residential units are restricted to low- and moderate -income households, of which at least 75% of the units are restricted to lower income households and the minimum income and affordability covenants terms are 55 years for rental units and 45 years for ownership units. (iv). The City Council desires to declare that the City Parcels is not necessary for the City's use and is proposed for a 100% affordable housing development that meets the criteria for exempt surplus land under the SLA.
(v). The Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the SLA. (vi). The accompanying staff report provides supporting information upon which the declaration and finding set forth in this Resolution are based.

Resolution R-2023-05

Page 1 of 3 ends

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. Pursuant to Government Code Section 54221(f)(1)(F)(i), the City Council hereby declares that the City Parcels are not necessary for the City's use and is exempt surplus land because the City intends to dispose of the City Parcels for intended use of 100% of the proposed residential units to be restricted to low- and moderate -income households, of which at least 75% of the units will be restricted to lower income households and the minimum income and affordability covenants terms are 55 years for rental units and 45 years for ownership units

3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") pursuant to Section 15194, Affordable Housing Exemption, which applies to projects that provide housing for low-income households, on a site that is less than five acres and located in an urbanized area. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

5. Staff of the City are hereby authorized and directed to provide a copy of this Resolution to the California Department of Housing and Community Development ("HCD") in the form and manner required by HCD.

6. The City Administrator, and/or his designee, is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

7. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

Resolution R-2023-05

Page 2 of 3 ends

PASSED, ADOPTED AND APPROVED THIS 7th DAY OF FEBRUARY 2023.

Ward Smith, Mayor
ATTEST:

Robert McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
1, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
Resolution R-2023-05

Page 3 of 3 ends

TO:

VIA:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF FINANCE
FEBRUARY 7, 2023
Placentia City Council
SUBJECT: FY 2022-23 MID -YEAR (Q2) BUDGET REPORT
FISCAL
IMPACT:

Fund
General Fund
Special Revenue
Capital Projects
Enterprise Funds
Internal Service Fund
Total
SUMMARY:

AGENDA REPORT
Revenues
(Including Transfers -In)
$ 1,037,492
$ 848,600
$ 0
$ 0
$ 105,000
$1,991,092
Appropriations
(Including Capital &
Transfers -Out)
$ 792,300
$1,187,301
$ 0
$ 0
$ 105,000
$2,084,601
The City's Operating Budget is reviewed and presented to the City Council quarterly for recommended amendments and to provide current information on the financial activities of the City. Additionally, these types of quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as ensuring spending and revenues received throughout the year closely align with the adopted budget. This report includes proposed departmental budget adjustments through the second quarter of fiscal year 2022-23, covering the period through December 2022.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve the Second Quarter Budget Report and adopt Resolution No. R-2023-09, amending the City's FY 2022-23 Budget; and

2. Approve the Second -Quarter Position Allocation Plan; and

3. Approve the Updated Salary Schedule.

3.a.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 ends

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure Long -Term Fiscal Sustainability, under Objective #1.6 Update the existing 10 -Year Financial Plan.

DISCUSSION:

General Fund: The current General Fund FY 2022-23 Amended Budget includes revenues of $54.4 million and expenditures of $57.6 million. The budget adjustments proposed in the FY 2022- 23 Second Quarter Budget Report include an increase to revenues of $1,037,492 and an increase in expenditures of $792,300. Changes to revenues are based on analysis of current trends and receipts identified year-to-date. Several areas such as sales tax, including revenue from Measure U, utility users' tax and transient occupancy tax (Other Taxes) are trending higher than originally anticipated with projections higher than the adopted budget.

Revenue
Property Taxes
Sales & Use Taxes
Other Taxes
Permits/ Licenses
Fines & Forfeitures
Intergovernmental
Charges for Service
Misc. Revenue
Subtotal Revenues
Operating Transfers -In
Measure U Transfer In:

Employee Retention
OPEB
Subtotal Transfers -In
Adopted
Amended
F •
Requests
I e
Amended
18,392,934
8,663,690
6,715,400
2,455,000
355,000
1,140,000
1,305,400
1,920,200
40,947,624
1,115, 744
2,564,700
854,900
4,535,344
Total Operating
Resources 45,482,968
18, 392, 934
8,663,690
6,715,400
2,455,000
355,000
9,444,015
1,455,400
1,920,200
49,401,639
1,547,973
2,564,700
854,900
4,967,573
45,149
311,310
388,740
79,268
22,000
12,406
17,082
41,137
917,092
90,300
30,100
120,400
18,438,083
8,975,000
7,104,140
2,534,268
377,000
9,456,422
1,472,482
1,961,337
50,318,732
1,547,973
2,655,000
885,000
5,087,973
54,369,213 1,037,492 55,406,705

City Council Agenda
February 7, 2023

Page 3 of 5 ends

Expenditures
Legislative
City Administrator
Administrative Services
Finance
Development Services
Public Safety -Police
Fire & Life Safety
Public Works
Community Services
General Government
Subtotal Revenues
Capital Improvement
Program
Interfund Transfers Out
GF Debt Service
Total Expenditures
2022-23 Adopted
2022-23
Amended
2022-23 02
Requests
2022-23 02
Amended
1,106, 000
633,100
5,548,021
1,242,700
1,835,200
12,752,393
4,131, 200
4,449,440
2,646,380
5,004,200
39,348,634
863,746
37,500
5,179,250
45,429,130
1,106, 000
633,100
5,579,171
1,217,250
1,835,200
12,782,239
4,317,000
4,552,665
2,646,380
5,079,700
39,748,705
12,615,484
37,500
5,179,250
57,580,939
241,700
5,000
55,500
20,000
206,000
82,600
145,000
755,800
36,500
792,300
1,106,000
633,100
5,820,871
1,222,250
1,835,200
12,837,739
4,337,000
4,758,665
2,728,980
5,224,700
40,504,505
12,615,484
37,500
5,215,750
58,373,239
Notable expenditure budget adjustment requests include the following:
• Administrative Services - an increase of $210,200 consisting of $100,000 for Public Safety Communications to support overtime expenses attributable to vacant positions, $19,700 for employee retention payments and a Dispatcher referral program to help with recruitment, $2,500 for new dispatcher uniforms, $38,000 for executive recruitment services and $50,000 for a compensation and classification study. • Finance - an increase of $5,000 for the department retreat. • Police - an increase of $39,000 consisting of $19,000 for its department retreat, and $20,000 for additional background checks.
• Fire & Life Safety - an increase of $20,000 for the Pulsepoint app system to increase communication of incidents to the public.
• Public Works - an increase of $206,000 consisting of $36,200 to hire one additional anagement assistant, $17,500 for increased overtime needed for building repair and maintenance, $60,000 for emergency HVAC repairs for City Hall, $2,000 of overtime for mechanics, $10,300 for additional holiday decorations for Old Town Placentia, and $80,000 for fuel.
• Community Services - an increase of $76,000 consists of $5,000 for Easter event, $37,500 for overtime to staff various City events, $2,000 for event rentals, $2,500 for updated uniforms, $27,000 for expenses related to running the Tamale Festival (offset by revenue), $2,000 for additional costs related to Heritage Festival.

City Council Agenda
February 7, 2023

Page 4 of 5 ends

• General Government — an increase of $145,000 consists of $105,000 to City Admin Services due to the increase in insurance premiums in the Risk Management fund and $40,000 to develop a new Community Facilities District (CFD) district for maintenance of the Enhanced Infrastructure Facilities District (EIFD). • GF Debt Service fund — an increase of $36,500 for the Capital lease of five (5) Chevy Bolts to replace the Chevy Sparks that are at end of service life.

Special Revenue Funds: The Special Revenue Fund FY 2022-23 Amended Budget includes revenues of $24.4 million and expenditures of $32.0 million. The proposed budget adjustments in the FY 2022-23 Second Quarter Budget Report include an increase in revenues of $848,600 and an increase in expenditures of $1.2 million. Approval of this item will result in a net decrease of $7.6 million in the Special Revenue Fund budgetary fund balance. Notable new adjustments include:
• Measure U — An increase to revenue of $301,000 based on year-end estimates and $558,201 for the General fund transfer and appropriation of additional funds for projects. • Measure M — an increase of revenue and expenditures of $28,200 to restart the senior mobility program.
• AQMD — an increase of revenue and expenditures of $6,900 to restart the senior mobility program.
• Asset Seizure — an increase of $192,500 of revenue for estimated funds to be received and an increase of $274,000 for public safety expenses. • NOC Public Safety Grant — an increase of revenue and expenditures of $20,000 for the PARKS grant.
• Miscellaneous Grant Fund — an increase to revenue and expenditures of $300,000 for the Gun buyback program.

Internal Service Funds: The Internal Service Fund for FY2022-23 Amended budget includes revenues of $3.5 million and expenditures of $3.5 million. The amended budget adjusting in FY2022-23 second quarter budget report includes an increase of revenue and expenditures of $105,000.
• Risk management — an increase of $105,000 is due to an increase in the City's general liability insurance.

Staffing Changes: Changes to the Position Allocation Plan and salary schedule include the following proposed changes:

1. Addition of one (1) Management Assistant in the Public Works department to support the City's Capital Improvement Program (CIP). The position will be funded 50% by the General Fund and 50% by various CIP projects. The impact to the General Fund in FY2022-23 is $36,200.

City Council Agenda
February 7, 2023

Page 5 of 5 ends

2. Modification of the City's Salary Schedule for the Public Safety Communications (Dispatch) Supervisor and Manager positions. The City has struggled to recruit Dispatch Supervisors in recent years causing significant increases in overtime expenses and potential burnout of existing staff and there is compaction between the Supervisor classification and Dispatcher classification. Modifying the salary for Dispatch Supervisors is recommended to address this issue. Increase to the Dispatch Manager position is necessary to ensure there are not subsequent compaction issues. The impact to FY2022-23 is $31,500.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is summarized below with the detailed budget adjustments as listed in Exhibit A.

Based upon preliminary FY 2022-23 projections, which reflect an increase in revenues of $1,991,092 and increase in expenses of $2,084,601, it is anticipated that the General Fund unassigned fund balance will decrease by $2,966,534, with the majority of this figure due to the $3 million in reserve funding approved by the City Council for the Public Safety Facility Center.

Prepared by:
c r er Lampman
Director of Finance
Reviewed and approved:

Dam -n rrula
City Administrator
Attachments:

1. Resolution R-2020-09 — Authorizing a Budget Amendment in Fiscal Year 2022-23 a. Exhibit A — Detailed Budget Adjustments

2. Q2 Position Allocation Plan

3. 10 Year Financial Plan Update

4. Salary Schedule

5. PowerPoint Presentation

RESOLUTION NO. R-2023-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE

WITH CITY CHARTER OF THE CITY OF PLACENTIA
SECTION 1206 PERTAINING TO APPROPRIATIONS FOR

ACTUAL EXPENDITURES
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. In all respects as set forth in the Recitals, Part A., of this Resolution.

2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2023-43, is hereby amended to reflect the following available balances from FY2022-23 from the to the Account specified:

Fund
See Exhibit A
Description
Department
GL Account
Amount
Type

3. The City Council desires to amend said Position Allocation Plan in accordance with the provisions of the Fiscal Year 2022-23 Quarter two (Q2) Budget, effective February 7, 2023.

4. The City Council desires to amend the City's Salary Schedule in accordance with the provisions of the Fiscal Year 2022-23 Quarter two (Q2) Budget, effective February 7, 2023.

Resolution R-2022-09 ATTACHMENT 1

Page 1 of 2 ends

5. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, ADOPTED AND APPROVED THIS 7th DAY OF FEBRUARY 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 7th day of February 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
Resolution R-2022-09 ATTACHMENT 1

Page 2 of 2 ends

ey
Budget Division
Fund
Fund Description
Object
Object Description
Midyear Adjustment
100000
General Fund Administration
101
General Fund (0010)
4002
Property Tax (VLF)
65,651.00
100000
General Fund Administration
101
General Fund (0010)
4005
Current Year -Unsecured
(20,300.00)
100000
General Fund Administration
101
General Fund (0010)
4015
Supplemental Roll
40,000.00
100000
General Fund Administration
101
General Fund (0010)
4017
Residual Property Tax
105,797.61
100000
General Fund Administration
101
General Fund (0010)
4019
Pass Through
(171,000.00)
100000
General Fund Administration
101
General Fund (0010)
4025
OC St Light Assess Dist
25,000.00
100000
General Fund Administration
101
General Fund (0010)
4050
Utility User Tax
110,000.00
100000
General Fund Administration
101
General Fund (0010)
4060
General Sales & Use Taxes
266,310.00
100000
General Fund Administration
101
General Fund (0010)
4065
Prop 172 Sales & Use Tax
45,000.00
100000
General Fund Administration
101
General Fund (0010)
4070
Franchise Taxes
251,600.00
100000
General Fund Administration
101
General Fund (0010)
4071
Franchise Taxes - Refuse
(90,000.00)
100000
General Fund Administration
101
General Fund (0010)
4072
Franchise Taxes - Cable
(3,000.00)
100000
General Fund Administration
101
General Fund (0010)
4094
Real Property Transfer Tax
65,000.00
100000
General Fund Administration
101
General Fund (0010)
4096
Transient Occupancy Tax
55,000.00
100000
General Fund Administration
101
General Fund (0010)
4140
Oil Per Barrel B/L Tax
140.00
100000
General Fund Administration
101
General Fund (0010)
4161
Banner Permits
175.00
100000
General Fund Administration
101
General Fund (0010)
4180
FOG Permit
1,330.00
100000
General Fund Administration
101
General Fund (0010)
4225
POST - Intergovernmental Rev
(10,000.00)
100000
General Fund Administration
101
General Fund (0010)
4307
Developmt Impact Fee Admin Chg
(33,500.00)
100000
General Fund Administration
101
General Fund (0010)
4325
Parking Permit Fees
(12,000.00)
100000
General Fund Administration
101
General Fund (0010)
4364
Sanitation Collect Fees
(15,000.00)
100000
General Fund Administration
101
General Fund (0010)
4380
Business Site Insp Fee
(9,000.00)
100000
General Fund Administration
101
General Fund (0010)
4412
Vacant Bldg Registration Fee

70.00 100000
General Fund Administration
101
General Fund (0010)
4416
Live Scan Rolling Fee
(2,000.00)
100000
General Fund Administration
101
General Fund (0010)
4601
Interest Revenue
95,000.00
100000
General Fund Administration
101
General Fund (0010)
4602
Fiscal Agent Interest Revenue

0.54 100000
General Fund Administration
101
General Fund (0010)
4705
Donations & Contributions
1,400.00
100000
General Fund Administration
101
General Fund (0010)
4706
Royalty Revenue
8,000.00
100000
General Fund Administration
101
General Fund (0010)
4708
NSF Check Fees

25.00 100000
General Fund Administration
101
General Fund (0010)
4710
Reimbursements/Other Revenue
(35,000.00)
100000
General Fund Administration
101
General Fund (0010)
4712
SB 90 Reimbursements
(16,000.00)
100000
General Fund Administration
101
General Fund (0010)
4717
Billboard Revenue
196.69
100000
General Fund Administration
101
General Fund (0010)
4719
Restitution Revenue
105.24
100000
General Fund Administration
101
General Fund (0010)
4751
Sale of Auction Vehicles
(5,000.00)
100000
General Fund Administration
101
General Fund (0010)
7052
Transfer In From Measure U
120,400.00
101512
Human Resources
101
General Fund (0010)
6099
Professional Services
88,000.00
101515
Public Safety Communications
101
General Fund (0010)
5001
Salaries/Full-Time Regular
31,500.00
101515
Public Safety Communications
101
General Fund (0010)
5015
Overtime
100,000.00

ey
Budget Division
Fund
Fund Description
Object
Object Description
Midyear Adjustment
101515
Public Safety Communications
101
General Fund (0010)
5023
Signing Bonus Payout
19,700.00
101515
Public Safety Communications
101
General Fund (0010)
6360
Uniforms
2,500.00
102020
Finance Administration
101
General Fund (0010)
6245
Meetings & Conferences
5,000.00
102531
Planning
101
General Fund (0010)
4305
Planning Division Fees
34,600.00
102532
Building & Safety
101
General Fund (0010)
4160
Building Permits
25,000.00
102532
Building & Safety
101
General Fund (0010)
4163
Fire Plan Check/Permit
25,000.00
102532
Building & Safety
101
General Fund (0010)
4168
Swimming Pool Permits
20,000.00
102532
Building & Safety
101
General Fund (0010)
4169
Waived Banner Permit Fees
(406.68)
102532
Building & Safety
101
General Fund (0010)
4364
Sanitation Collect Fees
15,000.00
102532
Building & Safety
101
General Fund (0010)
4380
Business Site Insp Fee
7,500.00
102533
Code Enforcement
101
General Fund (0010)
4411
Administrative Citations
20,000.00
103040
Police Administration
101
General Fund (0010)
4325
Parking Permit Fees
12,000.00
103040
Police Administration
101
General Fund (0010)
4329
Emergency Response Fee
(10,000.00)
103040
Police Administration
101
General Fund (0010)
4399
Other Charges for Service
2,000.00
103040
Police Administration
101
General Fund (0010)
4741
Reimbursements - SART Exam
5,539.50
103040
Police Administration
101
General Fund (0010)
6245
Meetings & Conferences
19,000.00
103040
Police Administration
101
General Fund (0010)
6290
Dept. Contract Services
20,000.00
103041
Police Field Services
101
General Fund (0010)
4225
POST - Intergovernmental Rev
17,000.00
103042
Police Investigation
101
General Fund (0010)
4366
AB 109 Public Safety Realign
4,076.35
103042
Police Investigation
101
General Fund (0010)
4714
Recovery & Restitution
323.00
103042
Police Investigation
101
General Fund (0010)
6290
Dept. Contract Services
16,500.00
103043
Police Support Services
101
General Fund (0010)
4416
Live Scan Rolling Fee
2,000.00
103047
Traffic
101
General Fund (0010)
4326
Towing Fee
5,000.00
103047
Traffic
101
General Fund (0010)
4333
Vehicle Impound/Releases
5,000.00
103047
Traffic
101
General Fund (0010)
4405
Veh Code Fines (Moving)
2,000.00
103065
Fire Administration
101
General Fund (0010)
6136
Software Maintenance
20,000.00
103550
Public Works Administration
101
General Fund (0010)
5001
Salaries/Full-Time Regular
36,200.00
103551
Public Works Engineering
101
General Fund (0010)
4155
Encroachment Permits
(25,000.00)
103551
Public Works Engineering
101
General Fund (0010)
4310
Engineering Fees
25,000.00
103590
Public Works Tranportation
101
General Fund (0010)
4310
Engineering Fees
(25,000.00)
103654
Maint Svcs Facilities Maint
101
General Fund (0010)
5015
Overtime
17,500.00
103654
Maint Svcs Facilities Maint
101
General Fund (0010)
6130
Repair & Maint/Facilities
30,000.00
103654
Maint Svcs Facilities Maint
101
General Fund (0010)
6290
Dept. Contract Services
30,000.00
103654
Maint Svcs Facilities Maint
101
General Fund (0010)
6999
Other Expenditure
10,300.00
103658
Maint Svcs Fleet Operations
101
General Fund (0010)
5015
Overtime
2,000.00
103658
Maint Svcs Fleet Operations
101
General Fund (0010)
6345
Gasoline & Diesel Fuel
80,000.00
104071
Comm Svc/Recreation Svc
101
General Fund (0010)
4342
Special Events
(2,500.00)
104071
Comm Svc/Recreation Svc
101
General Fund (0010)
4386
Field Use Fees
20,000.00

ey Budget Division
104071
104071
104071
104071
104071
104072
104075
104075
104076
104078
105314
105525
109595
109595
790000
790000
791101
791201
184071
184071
190000
194315
210000
213041
614071
614071
503040
503040
400000
404582
Comm Svc/Recreation Svc
Comm Svc/Recreation Svc
Comm Svc/Recreation Svc
Comm Svc/Recreation Svc
Comm Svc/Recreation Svc
Neighborhood Services
Community Special Events
Community Special Events
Heritage Festival
Heritage Festival
Civic Center Pergola Painting Project
General Fund/Debt Service
General Government
General Government
Measure U Sales Tax
Meas U Fund Revenue
Meas U Fund Revenue
FY 2021-22 Roadway Rehab Project
Measure M - Comm Svc
Measure M - Comm Svc
Air Quality Management
AQMD Environmental Services
Asset Seizure
Asset Seizure/Field Services
NOC Pub Saf Gnt - CS
NOC Pub Saf Gnt - CS
STRONG Grant
STRONG Grant
Risk Management
Risk Mgt/Liability
Fund Fund Description
101
101
101
101
101
101
101
101
101
101
101
101
101
101
117
117
117
117
210
210
215
215
225
225
228
228
280
280
605
605
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
General Fund (0010)
Measure U Fund (0079)
Measure U Fund (0079)
Measure U Fund (0079)
Measure U Fund (0079)
Measure M (0018)
Measure M (0018)
Air Quality Management (0019)
Air Quality Management (0019)
Asset Seizure (0021)
Asset Seizure (0021)
NOC-Public Safety Grant(0061)
NOC-Public Safety Grant(0061)
Misc Grants Fund (0050)
Misc Grants Fund (0050)
Risk Management (0040)
Risk Management (0040)
Object Object Description
5005
5015
6099
6301
6360
5015
4342
6299
6299
4346
4710
6935
6295
6999
4062
8010
6740
6740
4092
6401
4710
6401
4420
6250
4205
5005
4299
6301
4399
6201
Salaries/Part-Time
Overtime
Professional Services
Special Department Expenses
Uniforms
Overtime
Special Events
Other Purchased Services
Other Purchased Services
Heritage Festival
Reimbursements/Other Revenue
Lease Expenditure
City Admin Services
Other Expenditure
Measure U Sales Taxes
Transfer Out to GF
Infrastructure - Streets
Infrastructure - Streets
Community Programs
Community Programs
Reimbursements/Other Revenue
Community Programs
Asset Seizure Funds
Staff Training
State Grants
Salaries/Part-Time
Other Intergovernmental Rev
Special Department Expenses
Other Charges for Service
Liability Insurance Premiums
Midyear Adjustment
5,000.00
24,000.00
2,000.00
6,000.00
2,500.00
13,500.00
25,159.00
27,600.00
2,000.00
5,000.00
(11,200.00)
36,500.00
105,000.00
40,000.00
301,000.00
120,400.00
86,500.00
351,301.00
28,200.00
28,200.00
6,900.00
6,900.00
192,500.00
274,000.00
20,000.00
20,000.00
300,000.00
300,000.00
105,000.00
105,000.00

CITY OF PLACENTIA

POSITION ALLOCATION PLAN
FISCAL YEAR 2022-23
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

ELECTED
MAYOR

CITY COUNCIL

CITY CLERK

CITY TREASURER
TOTALS
1 4
1 1
7 1
4 1
1 7
1 4
1 1
7 1
4 1
1 7
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

APPOINTED

CITIZENS' OVERSIGHT COMMITTEE

FINANCIAL AUDIT OVERSIGHT COMMITTEE

HERITAGE COMMITTEE

HISTORICAL COMMITTEE

PARKS ARTS AND RECREATION COMMISSION (PARC)

PLANNING COMMISSION

SENIOR ADVISORY COMMITTEE

SENIOR/COMMUNITY CENTER BLUE RIBBON COMMITTEE

STREETSCAPE AND TRANSPORTATION ADVISORY COMMISSION

VETERANS ADVISORY COMMITTEE
TOTALS
3 5
7 9
5 7
7 9
5 9
66 3
5 7
9 5
7 7
9 5
9 66
3 5
7 9
5 7
7 9
5 9
66 3
5 7
9 5
7 7
9 5
9 66
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

CITY ADMINISTRATOR
CITY ADMINISTRATOR 1
ASSISTANT TO THE CA/ECONOMIC DEVELOPMENT MANAGER 0.65
EXECUTIVE ADMINISTRATIVE ASSISTANT TO THE CA 1
TOTALS 2.65
1 0.65
1 2.65
1 0.65
1 2.65
1 0.65
1 2.65
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

ADMINISTRATIVE SERVICES

ADMINISTRATIVE ASSISTANT

ADMINISTRATIVE SPECIALIST

DEPUTY CITY ADMINISTRATOR

DEPUTY CITY CLERK

DIRECTOR OF HUMAN RESOURCES

HUMAN RESOURCES ANALYST

HUMAN RESOURCES OFFICE CLERK

HUMAN RESOURCES TECHNICIAN

INFORMATION TECHNOLOGY MANAGER

MANAGEMENT ANALYST (IT)
1 1
1 1
1 1
1 0
1 0
1 1
1 1
1 1
1 0
1 0
1 1
1 1
1 1
1 0
1 0
1 1
1 1
1 1
1 0
1 0

CITY OF PLACENTIA

POSITION ALLOCATION PLAN
FISCAL YEAR 2022-23
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

ADMINISTRATIVE SERVICES (CONTINUED)

OFFICE ASSISTANT

PUBLIC SAFETY COMMUNICATIONS MANAGER

PUBLIC SAFETY COMMUNICATIONS SUPERVISOR
PUBLIC SAFETY DISPATCHER (1 OVERHIRE)

RISK MANAGER

SENIOR HUMAN RESOURCES ANALYST

SENIOR HUMAN RESOURCES TECHNICIAN

SENIOR MANAGEMENT ANALYST
TOTALS
0 1
3 13
1 1
1 1
29 0
1 3
13 1
1 1
1 29
0 1
3 13
1 1
1 1
29 0
1 3
13 1
1 1
1 29
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

FINANCE

ACCOUNT CLERK

ACCOUNTING MANAGER

ACCOUNTING TECHNICIAN

DIRECTOR OF FINANCE

SENIOR ACCOUNTANT

SENIOR ACCOUNTING TECHNICIAN

SENIOR FINANCIAL ANALYST
TOTALS

DEVELOPMENT SERVICES

ADMINISTRATIVE ASSISTANT

ASSISTANT PLANNER

ASSISTANT TO THE CA/ECONOMIC DEVELOPMENT MANAGER

ASSOCIATE PLANNER

BUILDING INSPECTOR

BUILDING PERMIT TECHNICIAN

DIGITAL MEDIA ANALYST

DIRECTOR OF DEVELOPMENT SERVICES

INFORMATION TECHNOLOGY TECHNICIAN

MANAGEMENT ANALYST

MEDIA SERVICES SPECIALIST

OFFICE ASSISTANT

PLANNING TECHNICIAN

SENIOR PLANNER
SR. CODE ENFORCEMENT OFFICER
TOTALS
2 1
3 1
1 0
1 9
2 1
3 1
1 0
1 9
1 1
3 1
1 1
1 9
1 1
3 1
1 1
1 9
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23
0 1 1 1
0 0 0 0

0.35 0.35 0.35 0.35
1 1 1 1
1 1 1 1
1 1 1 1
0 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 0 0 0
1 0 0 0
1 1 1 1
1 1 1 1
1 1 1 1

11.35 11.35 11.35 11.35

CITY OF PLACENTIA

POSITION ALLOCATION PLAN
FISCAL YEAR 2022-23
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

POLICE SERVICES
CAPTAIN 2
CHIEF OF POLICE 1
CODE ENFORCEMENT OFFICER 0
COMMUNITY SERVICES OFFICER 1
CRIME ANALYST 1
DISPATCH MANAGER 0
IT SERGEANT 1
LIEUTENANT 3
MANAGEMENT ANALYST 0
MANAGEMENT ASSISTANT 0
OFFICE ASSISTANT 0
MANAGEMENT ANALYST 0
OFFICE SPECIALIST - RECORDS 2
PARKING CONTROL OFFICER 2
POLICE ACADEMY TRAINEE 1
POLICE CIVILIAN INVESTIGATOR 3
POLICE DISPATCHER / RECORDS CLERK (MOVED TO ADMIN) 0
POLICE OFFICER (3 OVERHIRE) 39
POLICE SERVICES OFFICER 2
POLICE SERVICES SUPERVISOR 3
PROPERTY TECHNICIAN 1
SERGEANT (1 OVERHIRE) 10
SR. ADMINISTRATIVE ASSISTANT 1
SR. CODE ENFORCEMENT OFFICER 0
SR. MANAGEMENT ANALYST 1
TOTALS 74

FIRE & LIFE SAFETY

BATTALION CHIEF

DEPUTY FIRE CHIEF

FIRE CAPTAIN

FIRE CHIEF

FIRE ENGINEER
FIRE MARSHAL (ADDED Q1 FY21/22)
FIRE PREVENTION SPECIALIST (ADDED Q1 FY21/22)

FIREFIGHTER

MANAGEMENT ANALYST

OFFICE ASSISTANT

PATROL ENGINEER

SENIOR MANAGEMENT ANALYST
TOTALS
2 1
0 2
1 0
1 3
0 0
0 1
2 2
1 3
0 39
2 3
1 10
1 0
0 75
2 1
0 2
1 0
1 3
0 0
0 1
2 2
1 3
0 39
2 3
1 10
1 0
0 75
2 1
0 2
1 0
1 3
0 0
0 1
2 2
1 3
0 39
2 3
1 10
1 0
0 75
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23
3 1
6 1
6 1
1 6
1 0
1 0
27 3
1 6
1 6
1 1
6 0
1 1
1 28
3 1
6 1
6 1
1 6
0 1
1 1
28 3
1 6
1 6
1 1
6 0
1 1
1 28

CITY OF PLACENTIA

POSITION ALLOCATION PLAN
FISCAL YEAR 2022-23
Amended Adopted Amended Q2
2021-22 22-23 22-23 22-23

PUBLIC WORKS

ADMINISTRATIVE ASSISTANT

ASSOCIATE CIVIL ENGINEER (SEWER)

CITY ENGINEER

CUSTODIAN

DEPUTY CITY ADMINISTRATOR

ENGINEERING AIDE

ENVIRONMENTAL SERVICES COORDINATOR

FACILITY MAINTENANCE TECHNICIAN

MAINTENANCE WORKER

MANAGEMENT ASSISTANT

MANAGEMENT ANALYST

MECHANIC

OFFICE ASSISTANT

PUBLIC WORKS INSPECTOR

PUBLIC WORKS SUPERINTENDENT

PUBLIC WORKS SUPERVISOR

SENIOR CIVIL ENGINEER

SENIOR CUSTODIAN

SENIOR MANAGEMENT ANALYST

TRANSPORTATION MANAGER
TOTALS
0 1
1 2
1 1
1 2
8 0
1 2
1 1
1 2
0 0
0 1
26 0
1 1
1 1
1 1
3 8
0 0
2 1
1 1
2 1
1 1
1 28
1 1
1 1
1 1
1 3
8 0
0 2
0 1
1 2
1 1
1 1
28 1
1 1
1 1
1 1
3 8
1 0
2 0
1 1
2 1
1 1
1 29
Amended Adopted Amended • 2
2021-22 22-23 22-23 22-23

COMMUNITY SERVICES

ADMINISTRATIVE ASSISTANT

COMMUNITY SERVICES COORDINATOR

COMMUNITY SERVICES SUPERVISOR

DIRECTOR OF COMMUNITY SERVICES

MAINTENANCE WORKER

MANAGEMENT ANALYST

OFFICE ASSISTANT
TOTALS
0 4
1 1
1 1
1 9
0 4
1 1
1 1
1 9
1 4
1 1
1 1
0 9
1 4
1 1
1 1
0 9

SUMMARY
FULL-TIME FUNDED PERSONNEL 183 187 187 188
UNFUNDED OVERHIRES 5 5 5 5
ELECTED & APPOINTED PERSONNEL 73 73 73 73
GRAND TOTAL 261 265 265 266
*Overhires are not tunded

PLACEN TIA
Rich Heritage, Bright Future
City of Placentia
Ten Year Financial Plan
FY 2022-23 Mid -Year Update
Amended 2022-
2023 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 2029-2030 2030-2031 2031-2032 2032-2033 Revenues
Property Tax $ 18,438,083 $ 19,392,834 $ 20,460,891 $ 20,870,109 $ 21,287,511 $ 21,713,261 $ 22,147,526 $ 22,590,477 $ 23,042,286 $ 23,503,132 $ 23,973,195 Sales tax $ 8,975,000 $ 9,154,500 $ 9,337,590 $ 9,524,342 $ 9,667,207 $ 9,812,215 $ 9,959,398 $ 10,108,789 $ 10,260,421 $ 10,414,327 $ 10,570,542 Measure U (Transfer In) $ 3,540,000 $ 3,610,800 $ 3,683,016 $ 3,756,676 $ 3,813,026 $ 3,870,222 $ 3,928,275 $ 4,006,841 $ 4,086,978 $ 4,168,717 $ 4,252,091 Utility Users Tax $ 2,550,000 $ 2,575,500 $ 2,601,255 $ 2,627,268 $ 2,653,540 $ 2,680,076 $ 2,706,876 $ 2,733,945 $ 2,761,285 $ 2,788,897 $ 2,816,786 Franchise Tax $ 2,709,000 $ 2,736,090 $ 2,763,451 $ 2,791,085 $ 2,818,996 $ 2,847,186 $ 2,875,658 $ 2,904,415 $ 2,933,459 $ 2,962,793 $ 2,992,421 Transient Occupancy Tax $ 1,425,000 $ 1,453,500 $ 1,482,570 $ 1,512,221 $ 1,542,466 $ 1,998,315 $ 2,038,281 $ 2,079,047 $ 2,120,628 $ 2,163,041 $ 2,206,301 Other Taxes $ 1,575,140 $ 1,590,891 $ 1,606,800 $ 1,622,868 $ 1,639,097 $ 1,655,488 $ 1,672,043 $ 1,688,763 $ 1,705,651 $ 1,722,707 $ 1,739,934 Charges for Services $ 1,400,070 $ 1,414,071 $ 1,428,211 $ 1,442,494 $ 1,456,918 $ 1,471,488 $ 1,486,203 $ 1,501,065 $ 1,516,075 $ 1,531,236 $ 1,546,548 Permits $ 1,361,598 $ 1,388,830 $ 1,416,607 $ 1,444,939 $ 1,473,837 $ 1,503,314 $ 1,533,380 $ 1,564,048 $ 1,595,329 $ 1,627,236 $ 1,659,780 Fines & Forfeitures $ 412,000 $ 416,120 $ 420,281 $ 424,484 $ 428,729 $ 433,016 $ 437,346 $ 441,720 $ 446,137 $ 450,598 $ 455,104 Intergovernmental $ 9,451,015 $ 9,545,525 $ 9,640,980 $ 9,737,390 $ 9,834,764 $ 9,933,112 $ 10,032,443 $ 10,132,767 $ 10,234,095 $ 10,336,436 $ 10,439,800 Misc. Revenue $ 2,021,825 $ 2,042,043 $ 2,262,464 $ 2,285,088 $ 2,307,939 $ 2,331,019 $ 2,354,329 $ 2,377,872 $ 2,401,651 $ 2,425,667 $ 2,449,924 Transfers In $ 1,547,973 $ 1,563,453 $ 1,579,087 $ 1,594,878 $ 1,610,827 $ 1,626,935 $ 1,643,205 $ 1,659,637 $ 1,676,233 $ 1,692,995 $ 1,709,925 Total Revenues $ 55,406,704 $ 56,884,158 $ 58,683,204 $ 59,633,842 $ 60,534,855 $ 61,875,646 $ 62,814,964 $ 63,789,385 $ 64,780,227 $ 65,787,784 $ 66,812,355 Expenses
Personnel Expenses $ 23,153,099 $ 23,847,692 $ 24,563,122 $ 25,300,016 $ 26,059,017 $ 26,840,787 $ 27,646,011 $ 28,198,931 $ 28,762,909 $ 29,338,168 $ 29,924,931 Operating Expenses $ 17,351,406 $ 17,698,434 $ 18,052,403 $ 18,232,927 $ 18,415,256 $ 18,599,409 $ 18,785,403 $ 18,973,257 $ 19,162,990 $ 19,354,620 $ 19,548,166 Capital Projects $ 12,615,484 $ 5,699,716 $ 5,785,212 $ 5,871,990 $ 5,960,070 $ 6,079,271 $ 6,200,857 $ 6,324,874 $ 6,451,371 $ 6,580,399 $ 6,712,007 Transfers out $ 37,500 $ 38,250 $ 39,015 $ 39,405 $ 39,799 $ 40,197 $ 40,599 $ 41,005 $ 41,415 $ 41,829 $ 42,248 GF CIP Debt Service $ 5,215,750 $ 5,885,560 $ 6,144,053 $ 5,951,386 $ 5,829,504 $ 5,786,776 $ 5,300,737 $ 4,985,424 $ 4,668,981 $ 4,668,634 $ 4,670,742 Total Expenses $ 58,373,235 $ 53,169,652 $ 54,583,805 $ 55,395,725 $ 56,303,647 $ 57,346,441 $ 57,973,607 $ 58,523,491 $ 59,087,667 $ 59,983,650 $ 60,898,093 Total Surplus/ (Deficit)
$ (2,966,535) $ 3,714,506 $ 4,099,398 $ 4,238,118 $ 4,231,212 $ 4,529,206 $ 4,841,357 $ 5,265,894 $ 5,692,560 $ 5,804,134 $ 5,914,261 Date Printed: 1/30/2023

Master Salary Schedule
Job Class and Annual Salary Schedule
Effective February 7, 2023

STEP A STEP B STEP C STEP D STEP E
JOB CLASS Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual ACCOUNT CLERK 19.67 3,408.77 40,905.27 20.73 3,592.85 43,114.15 21.85 3,786.86 45,442.31 23.03 3,991.35 47,896.22 24.27 4,206.88 50,482.60 ACCOUNTANT 33.14 5,744.16 68,929.97 34.80 6,031.37 72,376.47 36.54 6,332.94 75,995.29 38.36 6,649.59 79,795.05 40.28 6,982.07 83,784.81 ACCOUNTING MANAGER 48.36 8,381.86 100,582.35 50.77 8,800.96 105,611.48 53.31 9,241.01 110,892.06 55.98 9,703.05 116,436.65 58.78 10,188.21 122,258.49 ACCOUNTING TECHNICIAN 23.10 4,004.69 48,056.23 24.35 4,220.94 50,651.26 25.67 4,448.87 53,386.42 27.05 4,689.11 56,269.28 28.51 4,942.32 59,307.81 ADMINISTRATIVE ASSISTANT 22.98 3,982.88 47,794.61 24.22 4,197.96 50,375.52 25.53 4,424.65 53,095.79 26.91 4,663.58 55,962.96 28.36 4,915.41 58,984.97 ADMINISTRATIVE SPECIALIST 24.59 4,262.63 51,151.60 25.92 4,492.81 53,913.77 27.32 4,735.43 56,825.12 28.80 4,991.14 59,893.69 30.35 5,260.66 63,127.94 ASSISTANT CITY ADMINISTRATOR 79.06 13,703.71 164,444.55 83.01 14,388.90 172,666.78 87.16 15,108.34 181,300.12 91.52 15,863.76 190,365.12 96.10 16,656.95 199,883.38 ASSISTANT PLANNER 27.92 4,839.94 58,079.23 29.43 5,101.29 61,215.52 31.02 5,376.76 64,521.15 32.69 5,667.11 68,005.29 34.46 5,973.13 71,677.59 ASSISTANT TO CA / ECONOMIC DEVELOPMENT MANAGER 53.61 9,291.99 111,503.90 56.29 9,756.59 117,079.09 59.10 10,244.42 122,933.03 62.06 10,756.64 129,079.71 65.16 11,294.47 135,533.68 ASSOCIATE CIVIL ENGINEER 41.93 7,268.09 87,217.10 44.02 7,630.52 91,566.18 46.23 8,012.58 96,150.91 48.53 8,412.49 100,949.89 50.96 8,833.83 106,005.95 ASSOCIATE PLANNER 36.37 6,304.01 75,648.17 38.19 6,619.22 79,430.59 40.10 6,950.18 83,402.13 42.10 7,297.69 87,572.22 44.21 7,662.57 91,950.83 BUILDING INSPECTOR 29.33 5,084.22 61,010.58 30.92 5,358.76 64,305.16 32.59 5,648.14 67,777.64 34.35 5,953.14 71,437.62 36.20 6,274.60 75,295.25 BUILDING PERMIT TECHNICIAN 23.10 4,004.69 48,056.23 24.35 4,220.94 50,651.26 25.67 4,448.87 53,386.42 27.05 4,689.11 56,269.28 28.51 4,942.32 59,307.81 CHIEF BUILDING OFFICIAL 50.38 8,732.52 104,790.22 52.90 9,169.14 110,029.73 55.54 9,627.60 115,531.22 58.32 10,108.98 121,307.78 61.24 10,614.43 127,373.17 CHIEF DEPUTY CITY CLERK 41.10 7,123.71 85,484.47 43.15 7,479.89 89,758.69 45.31 7,853.89 94,246.62 47.58 8,246.58 98,958.95 49.96 8,658.91 103,906.90 CITY ADMINISTRATOR 98.22 17,023.95 204,287.44 105.09 18,215.63 218,587.57 110.34 19,126.41 229,516.95 114.21 19,795.84 237,550.05 134.23 23,266.45 279,197.39 CITY CLERK SPECIALIST 24.59 4,262.63 51,151.60 25.92 4,492.82 53,913.79 27.32 4,735.43 56,825.13 28.80 4,991.14 59,893.69 30.35 5,260.66 63,127.95 CITY ENGINEER 60.49 10,484.29 125,811.53 63.51 11,008.51 132,102.11 66.69 11,558.94 138,707.22 70.02 12,136.88 145,642.57 73.52 12,743.73 152,924.72 CODE ENFORCEMENT MANAGER 41.37 7,170.63 86,047.52 43.44 7,529.16 90,349.90 45.61 7,905.62 94,867.39 47.89 8,300.90 99,610.76 50.28 8,715.94 104,591.30 CODE ENFORCEMENT OFFICER 26.88 4,659.41 55,912.92 28.33 4,911.02 58,932.22 29.86 5,176.21 62,114.57 31.48 5,455.73 65,468.77 33.18 5,750.34 69,004.07 COMMUNICATIONS & MARKETING MANAGER 41.37 7,170.63 86,047.52 43.44 7,529.16 90,349.90 45.61 7,905.62 94,867.39 47.89 8,300.90 99,610.76 50.28 8,715.94 104,591.30 COMMUNITY SERVICES COORDINATOR 24.59 4,262.63 51,151.60 25.92 4,492.81 53,913.77 27.32 4,735.43 56,825.12 28.80 4,991.14 59,893.69 30.35 5,260.66 63,127.94 COMMUNITY SERVICES OFFICER 21.95 3,805.31 45,663.67 23.14 4,010.79 48,129.51 24.39 4,227.38 50,728.51 25.71 4,455.65 53,467.85 27.09 4,696.26 56,355.11 COMMUNITY SERVICES SUPERVISOR 35.25 6,110.47 73,325.63 37.02 6,415.99 76,991.91 38.87 6,736.79 80,841.51 40.81 7,073.64 84,883.63 42.85 7,427.31 89,127.76 CRIME ANALYST 35.25 6,110.47 73,325.63 37.02 6,415.99 76,991.91 38.87 6,736.79 80,841.51 40.81 7,073.63 84,883.58 42.85 7,427.31 89,127.76 CRIME PREVENTION OFFICER 22.53 3,905.13 46,861.57 23.75 4,116.01 49,392.10 25.03 4,338.27 52,059.27 26.38 4,572.54 54,870.47 27.80 4,819.46 57,833.48 CUSTODIAN 19.00 3,293.53 39,522.32 20.03 3,471.38 41,656.52 21.11 3,658.83 43,905.95 22.25 3,856.41 46,276.88 23.45 4,064.65 48,775.84 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES 53.61 9,291.99 111,503.91 56.29 9,756.59 117,079.10 59.10 10,244.42 122,933.06 62.06 10,756.64 129,079.71 65.16 11,294.48 135,533.70 DEPUTY CHIEF OF POLICE 78.89 13,674.97 164,099.63 82.84 14,358.72 172,304.61 86.98 15,076.65 180,919.84 91.33 15,830.49 189,965.83 95.90 16,622.01 199,464.12 DEPUTY CITY ADMINISTRATOR 93.79 16,257.21 195,086.46 98.48 17,070.07 204,840.79 103.41 17,923.57 215,082.82 108.58 18,819.75 225,836.97 114.00 19,760.73 237,128.81 DEPUTY CITY CLERK 32.12 5,567.86 66,814.31 33.73 5,846.25 70,155.02 35.41 6,138.56 73,662.76 37.19 6,445.49 77,345.89 39.04 6,767.77 81,213.21 DEVELOPMENT SERVICES COORDINATOR 26.88 4,659.41 55,912.91 28.33 4,911.02 58,932.21 29.86 5,176.21 62,114.55 31.48 5,455.73 65,468.73 33.18 5,750.34 69,004.05 DIGITAL MEDIA ANALYST 35.25 6,110.47 73,325.63 37.02 6,415.99 76,991.91 38.87 6,736.79 80,841.51 40.81 7,073.63 84,883.58 42.85 7,427.31 89,127.76 DIRECTOR OF ADMINISTRATIVE SERVICES 75.32 13,056.27 156,675.25 79.09 13,709.08 164,508.99 83.05 14,394.54 172,734.46 87.20 15,114.27 181,371.18 91.56 15,869.98 190,439.74 DIRECTOR OF COMMUNITY SERVICE 75.32 13,056.27 156,675.25 79.09 13,709.08 164,508.99 83.05 14,394.54 172,734.46 87.20 15,114.27 181,371.18 91.56 15,869.98 190,439.74 DIRECTOR OF DEVELOPMENT SVCS 75.32 13,056.27 156,675.25 79.09 13,709.08 164,508.99 83.05 14,394.54 172,734.46 87.20 15,114.27 181,371.18 91.56 15,869.98 190,439.74 DIRECTOR OF FINANCE 75.32 13,056.27 156,675.25 79.09 13,709.08 164,508.99 83.05 14,394.54 172,734.46 87.20 15,114.27 181,371.18 91.56 15,869.98 190,439.74 DIRECTOR OF HUMAN RESOURCES 71.56 12,403.52 148,842.21 75.14 13,023.69 156,284.32 78.89 13,674.88 164,098.54 82.84 14,358.62 172,303.46 86.98 15,076.55 180,918.64 DIRECTOR OF PUBLIC WORKS 75.32 13,056.27 156,675.25 79.09 13,709.08 164,508.99 83.05 14,394.54 172,734.46 87.20 15,114.27 181,371.18 91.56 15,869.98 190,439.74 ECONOMIC DEVELOPMENT MANAGER 41.37 7,170.63 86,047.52 43.44 7,529.16 90,349.90 45.61 7,905.62 94,867.39 47.89 8,300.90 99,610.76 50.28 8,715.94 104,591.30 ENGINEERING AIDE 18.22 3,157.73 37,892.79 19.20 3,328.25 39,939.01 20.24 3,507.98 42,095.73 21.33 3,697.41 44,368.90 22.48 3,897.07 46,764.83 ENVIRONMENTAL COMPLIANCE OFFICER 27.57 4,778.05 57,336.60 29.05 5,036.07 60,432.78 30.62 5,308.01 63,696.15 32.28 5,594.65 67,135.75 34.02 5,896.76 70,761.07 EQUIPMENT MECHANIC 24.84 4,306.07 51,672.83 26.18 4,538.60 54,463.17 27.60 4,783.68 57,404.18 29.09 5,042.00 60,504.01 30.66 5,314.27 63,771.22 EXECUTIVE ASSISTANT TO CITY ADMINISTRATOR 28.13 4,875.09 58,501.12 29.64 5,138.35 61,660.17 31.25 5,415.82 64,989.83 32.93 5,708.27 68,499.27 34.71 6,016.52 72,198.24 FACILITIES MAINTENANCE TECH 24.70 4,281.24 51,374.88 26.03 4,512.43 54,149.11 27.44 4,756.10 57,073.18 28.92 5,012.93 60,155.12 30.48 5,283.62 63,403.49 FACILITIES MAINTENANCE TECH II 26.09 4,522.46 54,269.57 27.50 4,766.68 57,200.11 28.99 5,024.08 60,288.91 30.55 5,295.38 63,544.50 32.20 5,581.33 66,975.91 FINANCE SERVICE MANAGER 48.36 8,381.86 100,582.36 50.77 8,800.96 105,611.48 53.31 9,241.00 110,892.05 55.98 9,703.06 116,436.66 58.78 10,188.21 122,258.49 FIRE BATTALION CHIEF 40.63 9,859.21 118,310.51 42.82 10,391.60 124,699.25 45.13 10,952.73 131,432.78 47.57 11,544.18 138,530.20 50.14 12,167.55 146,010.61 FIRE CAPTAIN 28.91 7,015.29 84,183.48 30.47 7,394.12 88,729.43 32.12 7,793.37 93,520.46 33.85 8,214.20 98,570.34 35.68 8,657.74 103,892.88 FIRE CHIEF 75.32 13,056.27 156,675.25 79.09 13,709.08 164,509.00 83.05 14,394.54 172,734.44 87.20 15,114.27 181,371.19 91.56 15,869.98 190,439.73 FIRE DEPUTY CHIEF 66.06 11,449.59 137,395.12 69.36 12,022.07 144,264.88 72.83 12,623.18 151,478.12 76.47 13,254.34 159,052.03 80.29 13,917.05 167,004.63 REVISED: 1/30/2023

Master Salary Schedule
Job Class and Annual Salary Schedule
Effective February 7, 2023

STEP A STEP B STEP C STEP D STEP E
JOB CLASS Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual FIRE ENGINEER 24.81 6,020.08 72,240.92 26.15 6,345.15 76,141.85 27.56 6,687.83 80,253.90 29.05 7,048.97 84,587.68 30.62 7,429.57 89,154.85 FIRE FIGHTER 21.80 5,290.80 63,489.56 22.98 5,576.53 66,918.39 24.22 5,877.65 70,531.81 25.53 6,195.04 74,340.45 26.91 6,529.57 78,354.89 FIRE MARSHAL 56.88 9,859.21 118,310.51 59.95 10,391.60 124,699.25 63.19 10,952.73 131,432.78 66.60 11,544.18 138,530.20 70.20 12,167.55 146,010.61 FIRE PATROL ENGINEER 28.94 6,020.08 72,240.92 30.51 6,345.15 76,141.85 32.15 6,687.83 80,253.90 33.89 7,048.97 84,587.68 35.72 7,429.57 89,154.85 FIRE PREVENTION SPECIALIST 28.48 4,936.13 59,233.57 29.90 5,182.94 62,195.25 31.40 5,442.08 65,305.01 32.97 5,714.19 68,570.26 34.61 5,999.90 71,998.77 GIS SPECIALIST 22.98 3,982.88 47,794.61 24.22 4,197.96 50,375.52 25.53 4,424.65 53,095.80 26.91 4,663.58 55,962.97 28.36 4,915.41 58,984.97 HUMAN RESOURCE ANALYST 35.25 6,110.47 73,325.63 37.02 6,415.99 76,991.91 38.87 6,736.79 80,841.51 40.81 7,073.63 84,883.58 42.85 7,427.31 89,127.76 HUMAN RESOURCES MANAGER 41.37 7,170.63 86,047.52 43.44 7,529.16 90,349.90 45.61 7,905.62 94,867.39 47.89 8,300.90 99,610.76 50.28 8,715.94 104,591.30 HUMAN RESOURCE TECHNICIAN 25.89 4,487.06 53,844.71 27.28 4,729.36 56,752.33 28.76 4,984.75 59,816.96 30.31 5,253.92 63,047.09 31.95 5,537.64 66,451.64 INFORMATION TECHNOLOGY MANAGER 55.22 9,570.75 114,849.01 57.98 10,049.29 120,591.46 60.88 10,551.75 126,621.02 63.92 11,079.34 132,952.10 67.12 11,633.31 139,599.69 INFORMATION TECHNOLOGY TECH 25.89 4,487.06 53,844.71 27.28 4,729.36 56,752.33 28.76 4,984.75 59,816.96 30.31 5,253.92 63,047.09 31.95 5,537.64 66,451.64 IT POLICE SERGEANT 50.60 8,771.01 105,252.16 53.33 9,244.65 110,935.79 56.21 9,743.86 116,926.33 59.25 10,270.03 123,240.35 62.45 10,824.61 129,895.32 MAINTENANCE CREW LEADER 25.35 4,393.88 52,726.61 26.72 4,631.15 55,573.84 28.16 4,881.23 58,574.81 29.68 5,144.82 61,737.87 31.28 5,422.64 65,071.70 MAINTENANCE WORKER 22.53 3,905.13 46,861.56 23.75 4,116.01 49,392.07 25.03 4,338.27 52,059.25 26.38 4,572.54 54,870.44 27.80 4,819.45 57,833.44 MANAGEMENT ANALYST 35.25 6,110.47 73,325.63 37.02 6,415.99 76,991.91 38.87 6,736.79 80,841.51 40.81 7,073.63 84,883.58 42.85 7,427.31 89,127.76 MANAGEMENT ASSISTANT 25.89 4,487.06 53,844.71 27.28 4,729.36 56,752.33 28.76 4,984.75 59,816.96 30.31 5,253.92 63,047.09 31.95 5,537.64 66,451.64 MEDIA SERVICES SPECIALIST 26.88 4,659.41 55,912.92 28.33 4,911.02 58,932.22 29.86 5,176.21 62,114.57 31.48 5,455.73 65,468.77 33.18 5,750.34 69,004.07 NEIGHBORHOOD SERVICES MANAGER 41.37 7,170.63 86,047.52 43.44 7,529.16 90,349.90 45.61 7,905.62 94,867.39 47.89 8,300.90 99,610.76 50.28 8,715.94 104,591.30 OFFICE ASSISTANT 17.74 3,075.45 36,905.42 18.70 3,241.53 38,898.31 19.71 3,416.57 40,998.82 20.78 3,601.06 43,212.74 21.90 3,795.52 45,546.23 OFFICE CLERK 19.67 3,408.77 40,905.27 20.73 3,592.85 43,114.15 21.85 3,786.86 45,442.31 23.03 3,991.35 47,896.22 24.27 4,206.88 50,482.60 OFFICE SPECIALIST 20.95 3,631.04 43,572.50 22.08 3,827.12 45,925.43 23.27 4,033.78 48,405.41 24.53 4,251.61 51,019.29 25.85 4,481.20 53,774.34 PARKING CONTROL OFFICER 19.00 3,293.53 39,522.32 20.03 3,471.38 41,656.52 21.11 3,658.83 43,905.95 22.25 3,856.41 46,276.88 23.45 4,064.65 48,775.84 PLANNING AIDE 18.22 3,157.73 37,892.79 19.20 3,328.25 39,939.01 20.24 3,507.98 42,095.73 21.33 3,697.41 44,368.90 22.48 3,897.07 46,764.83 PLANNING TECH 23.10 4,004.69 48,056.23 24.35 4,220.94 50,651.26 25.67 4,448.87 53,386.42 27.05 4,689.11 56,269.28 28.51 4,942.32 59,307.81 POLICE ACADEMY TRAINEE 36.13 6,262.35 75,148.14
POLICE CAPTAIN 71.06 12,316.57 147,798.80 74.89 12,981.66 155,779.94 78.94 13,682.67 164,192.06 83.20 14,421.54 173,058.43 87.69 15,200.30 182,403.57 POLICE CHIEF 84.08 14,574.57 174,894.89 88.29 15,303.30 183,639.63 92.70 16,068.47 192,821.60 97.34 16,871.89 202,462.69 102.20 17,715.49 212,585.83 POLICE CIVILIAN INVESTIGATOR 30.43 5,274.21 63,290.46 32.07 5,559.01 66,708.15 33.80 5,859.20 70,310.40 35.63 6,175.60 74,107.16 37.55 6,509.08 78,108.95 POLICE LIEUTENANT 61.22 10,612.05 127,344.59 64.53 11,185.10 134,221.20 68.01 11,789.10 141,469.14 71.69 12,425.71 149,108.48 75.56 13,096.70 157,160.35 POLICE OFFICER 38.03 6,591.94 79,103.30 40.08 6,947.91 83,374.87 42.25 7,323.09 87,877.10 44.53 7,718.54 92,622.47 46.93 8,135.34 97,624.08 POLICE PROPERTY TECHNICIAN 27.17 4,708.94 56,507.22 28.63 4,963.22 59,558.61 30.18 5,231.23 62,774.78 31.81 5,513.72 66,164.63 33.53 5,811.46 69,737.52 POLICE SERGEANT 48.01 8,321.64 99,859.73 50.60 8,771.01 105,252.16 53.33 9,244.65 110,935.77 56.21 9,743.86 116,926.30 59.25 10,270.03 123,240.32 POLICE SERVICE OFFICER 21.95 3,805.31 45,663.67 23.14 4,010.79 48,129.51 24.39 4,227.38 50,728.51 25.71 4,455.65 53,467.85 27.09 4,696.26 56,355.11 POLICE SERVICES SUPERVISOR 31.95 5,538.23 66,458.79 33.68 5,837.30 70,047.56 35.50 6,152.51 73,830.12 37.41 6,484.75 77,816.95 39.43 6,834.92 82,019.06 PUBLIC SAFETY COMMUNICATION MANAGER 55.22 9,570.75
PUBLIC SAFETY COMMUNICATION UPERVISOR- DISPATCH 41.49 I 114,849.01 7,191.00 86,292.00 43.73 10,049.29120,591.4610,551.751111,079.342 63.92 7,579.31 90,951.77 46.09 7,988.60 95,863.16 48.58 8,419.98 101,039.77 51.20 8,874.66 106,495.92 PUBLIC SAFETY DISPATCHER 29.86 5,176.22 62,114.61 31.48 5,455.73 65,468.81 33.18 5,750.34 69,004.13 34.97 6,060.86 72,730.37 36.85 6,388.15 76,657.80 PUBLIC WORKS INSPECTOR 28.95 5,017.70 60,212.45 30.51 5,288.66 63,463.92 32.16 5,574.25 66,890.97 33.90 5,875.26 70,503.09 35.73 6,192.52 74,310.25 PUBLIC WORKS MANAGER 54.99 9,531.17 114,374.04 57.74 10,007.73 120,092.74 60.62 10,508.12 126,097.38 63.65 11,033.52 132,402.25 66.84 11,585.20 139,022.36 PUBLIC WORKS SUPERINTENDENT 41.37 7,170.63 86,047.51 43.44 7,529.16 90,349.88 45.61 7,905.62 94,867.38 47.89 8,300.90 99,610.75 50.28 8,715.94 104,591.29 PUBLIC WORKS SUPERVISOR 33.14 5,744.16 68,929.95 34.80 6,031.37 72,376.46 36.54 6,332.94 75,995.28 38.36 6,649.59 79,795.04 40.28 6,982.07 83,784.79 RISK MANAGER 55.22 9,570.75 114,849.01 57.98 10,049.29 120,591.46 60.88 10,551.75 126,621.02 63.92 11,079.34 132,952.10 67.12 11,633.31 139,599.69 SENIOR ACCOUNTANT 40.75 7,063.01 84,756.15 42.79 7,416.17 88,993.98 44.92 7,786.97 93,443.66 47.17 8,176.32 98,115.84 49.53 8,585.14 103,021.63 SENIOR ACCOUNTANT II 46.29 8,023.42 96,281.01 48.60 8,424.59 101,095.06 51.03 8,845.82 106,149.81 53.59 9,288.11 111,457.30 56.26 9,752.51 117,030.16 SENIOR ACCOUNTING TECHNICIAN 25.89 4,487.06 53,844.71 27.28 4,729.36 56,752.33 28.76 4,984.75 59,816.96 30.31 5,253.92 63,047.09 31.95 5,537.64 66,451.64 SENIOR ADMINISTRATIVE ASSISTANT 26.88 4,659.41 55,912.92 28.33 4,911.02 58,932.22 29.86 5,176.21 62,114.57 31.48 5,455.73 65,468.77 33.18 5,750.34 69,004.07 SENIOR BUILDING INSPECTOR 29.67 5,142.19 61,706.25 31.27 5,419.87 65,038.39 32.96 5,712.54 68,550.46 34.74 6,021.02 72,252.19 36.61 6,346.15 76,153.80 SENIOR CIVIL ENGINEER 53.61 9,291.99 111,503.90 56.29 9,756.59 117,079.09 59.10 10,244.42 122,933.03 62.06 10,756.64 129,079.71 65.16 11,294.47 135,533.68 SENIOR CODE ENFORCEMENT OFFICER 29.33 5,084.22 61,010.58 30.92 5,358.76 64,305.16 32.59 5,648.14 67,777.64 34.35 5,953.14 71,437.62 36.20 6,274.60 75,295.25 SENIOR CUSTODIAN 22.53 3,905.13 46,861.56 23.75 4,116.01 49,392.07 25.03 4,338.27 52,059.25 26.38 4,572.54 54,870.44 27.80 4,819.45 57,833.44 SENIOR ENGINEERING AIDE 26.09 4,522.46 54,269.57 27.50 4,766.68 57,200.11 28.99 5,024.08 60,288.91 30.55 5,295.38 63,544.50 32.20 5,581.33 66,975.91 REVISED: 1/30/2023

Master Salary Schedule
Job Class and Annual Salary Schedule
Effective February 7, 2023

STEP A STEP B STEP C STEP D STEP E
JOB CLASS Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual Hr. Monthly Annual SENIOR FINANCIAL ANALYST 41.10 7,123.71 85,484.46 43.15 7,479.89 89,758.69 45.31 7,853.89 94,246.62 47.58 8,246.58 98,958.95 49.96 8,658.91 103,906.89 SENIOR HUMAN RESOURCE ANALYST 41.10 7,123.71 85,484.46 43.15 7,479.89 89,758.69 45.31 7,853.89 94,246.62 47.58 8,246.58 98,958.95 49.96 8,658.91 103,906.89 SENIOR HUMAN RESOURCE TECHNICIAN 27.17 4,708.94 56,507.22 28.63 4,963.22 59,558.61 30.18 5,231.23 62,774.78 31.81 5,513.72 66,164.63 33.53 5,811.46 69,737.52 SENIOR MANAGEMENT ANALYST 41.10 7,123.71 85,484.46 43.15 7,479.89 89,758.69 45.31 7,853.89 94,246.62 47.58 8,246.58 98,958.95 49.96 8,658.91 103,906.89 SENIOR PLANNER 46.29 8,023.42 96,281.00 48.60 8,424.59 101,095.04 51.03 8,845.82 106,149.80 53.59 9,288.11 111,457.28 56.26 9,752.51 117,030.15 TRAFFIC ENGINEER 50.38 8,732.52 104,790.21 52.90 9,169.14 110,029.72 55.54 9,627.60 115,531.22 58.32 10,108.98 121,307.79 61.24 10,614.43 127,373.18 TRANSPORTATION MANAGER 50.38 8,732.52 104,790.21 52.90 9,169.14 110,029.72 55.54 9,627.60 115,531.22 58.32 10,108.98 121,307.79 61.24 10,614.43 127,373.18

PART TIME

STEP A STEP B STEPC STEP D
JOB CLASS Hr. Hr. Hr. Hr.

ADMINISTRATIVE INTERN 15.75 16.06 16.38 16.71
CLERICAL AIDE 18.54 18.91 19.29 19.67
COMMUNITY SERVICES LEADER 15.00 15.30 15.61 15.92
COMMUNITY SERVICES SPECIALIST 17.57 17.93 18.28 18.64
INSTRUCTOR GUARD 17.57 17.93 18.28 18.64
LIFEGUARD 16.23 16.55 16.89 17.23
MAINTENANCE AIDE 15.75 16.06 16.38 16.71
POLICE CADET 15.75 16.06 16.38 16.71
POLICE RESERVE OFFICER - LEVEL 1 21.43 22.82 24.21 25.70 POOL MANAGER 20.82 21.24 21.65 22.00
PRODUCTION ASSISTANT 15.00 15.30 15.61 15.92
PRODUCTION COORDINATOR 19.50 19.89 20.29 20.69
PROGRAM COORDINATOR 21.00 21.42 21.85 22.29
SENIOR COMMUNITY SERVICES LEADER 16.23 16.55 16.89 17.23 SENIOR COMMUNITY SERVICES SPECIALIST 19.03 19.41 19.80 20.20 SENIOR INSTRUCTOR GUARD 19.69 20.09 20.49 20.90

ELECTED
SALARY

JOB CLASS MONTHLY
MAYOR/COUNCILMEMBERS 150
CITY CLERK 150
CITY TREASURER 50
REVISED: 1/30/2023

Presentation Overview
➢ Budget Process
➢Adopted FY22/23 Budget- Where we started
➢ Projected FY22/23 Budget- Where we are now
➢Proposed Budget Modifications
➢ Next Steps- Where are we going

Annual Budget Process
You are here
Mid -Year Budget
Presentation to City
Council
February
Auditor working with
Finance staff on ACFR
December
Finance staff and
departments monitor
revenues and
expenditures
Year-round
preparing their
individual budgets
February
Finance closes out
prior fiscal year
August
Fiscal Year Begins
July 1
projections, internal
service charges and
personnel expenses
A• ril
Finance and Public
Works finalize Capital
Improvement Plan
May
City Administrator
presents Proposed Budget
to Public and City Council
May
Aliv
City Council
June

Adopted FY 2022/23 Budget
All Funds
Total Adopted Revenues -
Total Adopted Expenditures -
Total Budget
Operating
86%
CIP
14%
$81,914,120
$79,986,337
Internal
Service
4%
Fiduciary
7%
Enterpris
Funds
9/
Operating Budget
Special
Revenue
23%
General
Fund
57%
Debt
Service

Adopted 2022-23 Budget
General Fund Expenditures- $45,429,130

BY DEPARTME
Ocv5a
D

44. Admin.

Services

BY EXPENDITURE TYPE
Operating
$39,348,634
87%
Debt
Service
$5,179,250
11%
Transfers
Out
$37,500
0%
Capital
Projects
$863,746
2%

Adopted FY22/23 Budget
General Fund Revenues- $45,482,968
Intergovernmental
1%
Permits
5%
Charges for Services
3%
Misc. Revenue
6%
Transfers In
10%
Sales Tax
19%
Fines & Forfeitures �.
1%
Other Taxes
6%
U UT
5%
TOT/
3%
Property Tax
41%

Projected FY22/23
General Fund Revenues
Revenue T • e
Property Taxes
FY 2022/23
Ado • ted Bud : et
FY 2022/23
Pro'ected Bud et
Sales & Use Taxes
Other Taxes
Permits/Licenses
Fines & Forfeitures
Intergovernmental
Charges for Services
Miscellaneous
Total Operating Revenues
Transfers In
Measure U Transfers In
Employee Retention
OPEB
Total Transfers In
Total Resources
$18,392,934
8,663,690
6,715,400
2,455,000
355,000
1,140,000
1,305,400
1,920,200
$40,947,624
1,115,744
2,564,700
854,900
$4,535,344
$45,482,968
$18,438,083
8,975000
7,104,140
2,534,268
377,000
9,456,422
1,472,482
1,961,337
$50,318,732
1,547,973
2,655,000
885,000
$5,087,973
$55,406,705
Variance to
FY22/23
doted Budget

0.25%

3.59%

5.79%

3.23%

6.20%
729.51%

12.80%

2.14%

22.89%

38.74%

3.52%

3.52%

12.18%

21.82%

Projected 2022-23
General Fund Revenues
Franchise Taxes
Transient Occupancy Tax
Utility Users Tax
Property Tax
Sales Tax
Other Taxes
Measure U
Permits/Licenses
arges for Service
Budget ■ Projected at 6/30
■
3,000,000 6,000,000
9,000,000 12,000,000
15,000,000
18,000,000

> I ncrease overtime budgets in following a
➢Communications Center - $100,000
>Public Works- $19,500
>Community Services- $37,500
>Pulsepoint App Service- $20,000
➢Service needed to communicate incidents related to Fire & Life Safety to the public
>Risk Management- $105,000
>Needed to support increased liab lity premiu Tis

> Fuel Costs - $80,000
Increased fuel prices for first several months of the fiscal year >Facility Maintenance- $60,000
➢Unanticipated repairs to HVAC at City Hall including the rental of the generator needed to support the temporary cooling tower >Police Training (Asset Seizure Funds)- $192,500
>Funds received from the Asset Seizure Program need to be II appropriated prior to being spent. Training is an eligible expense under the DOJ guidelines.

Proposed Mid Year Staffing Adjustments
>Add 1.0 FTE Management Assistant in Public Works ($36,200) >Position needed to assist with managing Capital Improvement Projects ➢50% funded by General Fund, 50% funded by CIP projects >Modify Salary Schedule for Public Safety Communications Center Positions ($31,500)
➢Recommended to address recruitment challenges, specifically for the Public Safety Dispatch Supervisor position
If successful in recruiting new Supervisor(s), will decrease overtime costs

Proposed Mid -Year Staffing Adjustments
Impact to FY22/23 Budget
Annualized Cost
Add 1.0 FTE Management Assistant
Adjust Dispatch Salaries
Total
$36,200
$31,500
$67,700
$72,400
$63,000
$135,400

Mid Year Summary
General Fund Net Operating Balance
Adopted FY22/23 Budget
Projected at 6/30/23
1 General Fund Operating Revenues 45,482,968
General Fund Operating Expenses 45,429,130
Net Operating Balance 53,838
55,406,705
58,373,239
(2,966,534)*
* Includes $3 million in reserves allocated to Public Safety Facility

Potential Impacts on City Finances
New
Development
State Budget
Current & Futur
State Mandates
Labor
Negotiations

Next Steps
➢Q3 Budget Review
➢April 2023
>Proposed FY23/24 Budget
Presentation
>May 16, 2023
>Proposed FY23/24 Budget
Adoption
>June 6, 2023
Mid -Year Budget
Presentation to City
Council
February
Auditor working with
Finance staff on ACFR
December
Finance staan
departments monitor
revenues and
expenditures
Year-round
preparing their
individual budgets
February
Finance closes out
prior fiscal year
August
Fiscal Year Begins
July 1
projections, internal service
charges and personnel
expenses
April
Works finalize
Capital
Improvement Plan
Proposed Budget to Public
and City Council
May
City Council
June

TO:

CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
Placentia Cit Council

AGENDA REPORT
DATE: FEBRUARY 7, 2023
SUBJECT: STUDY SESSION TO REVIEW CHAPMAN CORRIDOR REVITALIZATION PLAN

PROGRESS
FISCAL
IMPACT: No fiscal impacts are associated with this Study Session. Potential significant economic benefit to the local Placentia economy, including jobs, public & private investment, and annual/one-time revenue.

SUMMARY:

On October 1, 2019, City Council adopted the comprehensive General Plan Update. This update included all Elements of the General Plan except the Housing Element, which was adopted as part of the required 6th Cycle Regional Housing Needs Assessment (RHNA) allocations in March 2022, and will come before this City Council as an amended document. The Land Use Element of the 2019 General Plan strongly encourages enhancements and improvements to the visual image, physical design characteristics, economic vitality and infrastructure of the Chapman corridor. On October 4, 2022, City Council approved a Professional Services Agreement with Placeworks, Inc. (Placeworks) to complete the Chapman Corridor Revitalization Pian document and supporting environmental documentation furthering the goals of the General Plan. At this time, City Staff and Placeworks will present the progress made to date on the Chapman Corridor Plan.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Receive and file the Staff Report and presentation; and

2. Solicit public comments (if any) regarding the proposed Chapman Corridor Revitalization Plan and supporting documentation; and

3. Provide direction to Staff as appropriate regarding the proposed Chapman Corridor Revitalization Plan.

3.b.

Feb 07, 2023

City Council Agenda
February 7, 2023

Page 2 ends

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to:

Promote Community and Economic Development, as Objective Number 3.5 is to Initiate the Chapman Corridor Specific Plan and Objective Number 3.6 is to create design review guidelines and procedures. This agenda item will specifically result in creation of the Chapman Corridor Specific Plan (or equal Zoning document) and will also create design review guidelines specific to the Chapman Corridor.

BACKGROUND:

The General Plan is the City's land use constitution, a legal policy document that is mandated to exist by the State of California. The General Plan is intended to reflect the community's values and set policies to guide in the development, maintenance, and use of the City's built environment.

It forms the basis for future decision making as it relates to the mandatory and optional Elements of the General Plan. The Land Use Element is one of seven mandatory General Plan Elements required by the State of California. On October 1, 2019, City Council adopted the comprehensive General Plan Update, which included an updated Land Use Element. The Land Use Element of the 2019 General Pian strongly encourages enhancements and improvements to the visual image, physical design characteristics, economic vitality and infrastructure of the Chapman Corridor and other major corridors as indicated in the subsequent paragraphs. • Goal LU -1 states: Provide a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, industrial and open space/recreation uses, while providing adequate community services to City residents. Policy LU -1.10 further states:

Create specific zoning or plans for major corridors within the City. This would include the Chapman Avenue corridor and the Placentia Avenue corridor, among other major thoroughfares.
• Goal LU -3 states: Revitalize underutilized, abandoned or dilapidated commercial, industrial and residential uses and properties. Policy LU -3.1 furthers this goal by stating: Encourage opportunities for redevelopment and improvements in the Old Town area, the TOD district, industrial areas, neighborhoods in the southern sector of the City, and commercial centers along major roadway corridors.
• Goal LU -5 states: Improve urban design in Placentia to ensure that development is both architecturally attractive and functionally compatible and to create identifiable neighborhoods, and community areas. Policy LU -6.6 furthers this goal by stating: Improve urban design in Placentia to ensure that development is both architecturally attractive and functionally compatible and to create identifiable neighborhoods, and community areas. • Goal LU -6 states: Enhance and improve the visual image, economic vitality and infrastructure of the Old Town area, TOD, and surrounding areas, like the future Chapman corridor. Policy LU -6.6 furthers this goal by stating: Focus planning and economic

City Council Agenda
February 7, 2023

Page 3 ends
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