(a) $2,000,000 Each Claim - includes Claims Expense
(b) $250,000 Each incident, event or related incidents or events giving rise to an obligation to pay Privacy Breach Response Services
(c) $4,000,000 Aggregate for the Policy Period - includes Claims Expenses The Privacy Breach Response Services sublimit stated in Item 3.(b) is part of, and not in addition to, the "Aggregate for the Policy Period" stated in Item 3.(c) of the Declarations
Item 4. Deductible:
(a) $15,000 Each Claim Deductible — includes Claims Expenses (b) $2,000 Each incident, event or related incidents or events giving rise to an obligation to pay Privacy Breach Response Services
Item 5. Premium: $10,253
Item 6. Retroactive Date: 01 -Jun -2017
Item 7. Knowledge Date: 01 -Jun -2017
Item 8. Technology Based Services, Technology Products, Computer Network Security and Privacy Liability, Multimedia and Advertising, and Privacy Breach Response Services Coverage Option:
Purchased [I
Purchased
n
Not Purchased n
if this box is checked then Insuring Clauses
I.A.3., I.A.4., I.A.5., and I.A.6. of this Policy
shall apply.
if this box is checked then Insuring Clause
I.B. of this Policy shall apply.
if this box is checked then Insuring Clauses
I.A.3., I.A.4., I.A.S., I.A.6. and I.B. of this
Policy shall not apply.
If no box is checked, then Insuring Clauses I.A.3., I.A.4., I.A.5., I.A.6. and I.B. of this Policy shall not apply.
Item 9. Optional Extension Period:
F00122
072016 ed.
Date Issued: 29 -May -2020 5:03:26 PM
(a) Premium for Optional Extension Period: 100% of the total premium for this Policy
(b) Length of Optional Extension Period: 12 Months
Item 10. Notification under this Policy:
(a) Notification (except Privacy Breaches under Insuring Agreement B.) pursuant to Clause XI. shall be given to:
Email a&[email protected]
Fax (866) 910-1397
Online http://www.beazley.com/claims_service/ae_claims_form.aspx Mail Beazley Insurance Company, Inc.
30 Batterson Park Road
Farmington, CT 06032
Attn: A&E Claims
If you have any questions or for additional information please call (888) 222-1123
(b) Notification for Privacy Breaches under Insuring Agreement B. pursuant to Clause XI. shall be given to:
Email: [email protected]
Toll -Free 24 -Hour Hotline: (866) 567-8570
(c) All other notices under this Policy shall be given to:
Beazley Insurance Company, Inc.
30 Batterson Park Road
Farmington, CT 06032
Tel: (860) 677 3700
Fax: (860) 679-0247
Item 11. Endorsements Effective at Inception:
1. E02804 032011 ed.
2. BICMU05021207
3. BICMU05090406
4. BICMU05070406
5. A01479CA 032016 ed.
6. E01400 032016 ed.
F00122
072016 ed.
Date Issued: 29 -May -2020 5:03:26 PM
Sanction Limitation and Exclusion Clause
Reliance on Another Insurance Company's
Application
Nuclear Exclusion
War and Civil War Exclusion
California Amendatory Endorsement
Amend Insured to Include Person(s) and/or
Entity(ies)
7. E01414 082009 ed. Notice Of Cancellation To Certificate Holder The Underwriters have caused this Policy to be signed and attested by its authorized officers, but it shall not be valid unless also signed by another duly authorized representative of the Underwriters.
Authorized Representative
29-Mav-2020
Date
Secretary President
F00122
072016 ed.
Date Issued: 29 -May -2020 5:03:26 PM
Exhibit B
SAGECREST
riAHNIHG • EHnROHMENiAI
COMPENSATION/PAYMENT SCHEDULE
Sagecrest will perform consulting services based on the following breakdown of classification of hourly rates for key personnel as identified below:
Position
Planning Director
Planning Manager
Principal Planner
Senior Planner
Building Official
Associate Planner
Building Inspector
Assistant Planner
Planning Aide
Minutes Clerk/Planning Administration
Hourly Rate
$220.00
$200.00
$160.00
$140.00
$120.00
$120.00
$100.00
$90.00
$80.00
$ 60.00
Reimbursable Expenses: Expenses incurred will be billed at actual costs plus hourly rate, if applicable. Reimbursable expenses include, but are not limited to, reprographics, postage, certified mailings, office supplies such as Compact Discs and flash drives, and application filing fees. Approval for necessary expenditures shall be requested in advance from the City's designated Contract Officer.
Fee Schedule- On -Call Planning and Building Support Services
r �
W CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
I 6/3/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
AssuredPartners of Washington, LLC
A/E Insurance Services
19689 7th Ave NE, Ste 183, PMB #369
Poulsbo WA 98370
INSURED
Sagecrest Planning+Environmental
27128 Paseo Espada Suite 1524
San Juan Capistrano CA 92675
SAGEPLA-01
I PFi E, Robyn Catania CA LIC # 0K48649
sn/I No Lap: 360-626-9535
E-MAIL
ADDRESS: robyn.cataniaftassuredpartners.com
INSURER(SI AFFORDING COVERAGE NAIC #
INSURERA: Travelers Property Casualty Company of America 25674 I INSURER B: Beazley Insurance Company Inc 37540
INSURER C
I!
INSURER D
�{a c, Ne};_360-626.9535
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 212637526 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 ADOL SUBR POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR INS/ WVn POLICY NUMBER (MM/DD/YYYY1 IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6805J742889
CLAIMS -MADE n OCCUR
GEN- 'L AGGREGATE LIMIT APPLIES PER:
I POLICY X PRO -
LOC
JECT
OTHER:
A AUTOMOBILE LIABILITY
X - ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
DED RETENTION $
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
A NYPR O P R I ETOR/PART N E R/EXE C UTI V E
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
B Professional Liab;Claims Made V1 EEB6220501
YIN
Y Y BA8R626254
NIA
Y UB5J743745
6/1/2022 6/1/2023
6/1/2022 6/1/2023
6/1/2022 6/1/2023
EACH OCCURRENCE
lalatiE 7T:1 Ramp
PREMISES (Ea aCCURersc01
MED EXP (Any one person)
PERSONAL B ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
{Ea acicidantl
BODILY INJURY (Per person)
$ 2000,000
$ t000,000
$ 5,000
$ 2,000,000
$ 4,000,000
$ 4,000,000
$ 1,000,000
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
Mar accidenll
EACH OCCURRENCE $
AGGREGATE $
X PER OTH-
,STATUTE I ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L, DISEASE - EA EMPLOYEE $ 1,000.000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
6/1/2022 6/1/2023 Per Claim 2,000,000
Aggregate 4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 0 more space is required) The certificate holder is an additional insured per the attached.
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance A waiver of subrogation applies to the Commercial General Liability, Auto Liability in favor of the Additional Insured.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E Chapman Avenue
Placentia CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AURIZED REPRESENTATIVE
ti
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
RESOLUTION NO. R-2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members 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, via Resolution No. R-2022-43, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund Description Department GL Account Amount Type
Plan Check Services Expenditures Development 102532-6290 $120,000 Expense related to contract Services
services
Plan Check Revenue related to Development 102532-4160 $120,000 Revenue Revenue contract services Services
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-19
PASSED, ADOPTED AND APPROVED THIS 4th DAY OF APRIL 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 4th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2023-19
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE APRIL 4, 2023
PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN PACIFIC FOR
CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURE DESIGN SERVICES
FOR THE OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT, PROJECT NO. 9202
FISCAL
IMPACT: EXPENSE: $608,594 PROFESSIONAL SERVICES AGREEMENT BUDGET: $650,000 FY 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET (109202-6770 & 799202-6770)
SUMMARY:
The proposed professional services agreement with HR Green Pacific (HRGreen) shall provide civil engineering and landscape architecture design services for the final engineered construction plans and bid documents for the Old Town Placentia Streetscape Improvement Project. This project is the final implementation of the Old Town Streetscape Master Plan adopted by the City Council in 2017 and construction will be funded through a partnership with the County in the Placentia Enhanced Infrastructure Financing District. The City issued a request for proposals from qualified civil engineering firms to provide these services and four (4) proposals were received.
The City Council awarded a design contract to a different firm on December 6, 2022. However, before the final design work could begin the consultant began to submit change order demands for work that they had claimed was not made part of the original proposal or agreement. Based on these actions, Staff determined that it would be more appropriate to begin the process over with a new consultant team. Based on the proposal review committee's evaluation and the references provided by HRGreen, Staff is recommending that the City Council award HRGreen a professional services agreement for this project. The final engineering design process is anticipated to be completed in approximately 9-12 months.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Award a Professional Services Agreement to HR Green Pacific for a not -to -exceed amount of $608,594 to provide civil engineering and landscape architecture design services for the Old Town Placentia Streetscape Improvement Project, Project No. 9202; and
1.f.
April 4, 2023
City Council Agenda
April 4, 2023
2. Authorize the City Administrator to approve any change orders up to 10% of the contract not -to -exceed amount, or $60,860; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action, however it is related to Goal 3, Objective 3.4: Complete the Financing Structure for the Old Town Enhanced Infrastructure Financing District (EIFD). The City/County EIFD will pay for the construction costs associated with this project under a separate financing mechanism.
DISCUSSION:
In 2017, the City Council adopted the Old Town Placentia Streetscape Master Plan. The plan was created and adopted as part of the Old Town Placentia Revitalization Plan which also included newly adopted development standards and zoning for Old Town. A similar plan and rezoning effort was adopted by the City Council for the adjacent Transit Oriented/Packinghouse District (TOD).
While private developers are paying for newly constructed streetscape improvements in the TOD, a separate funding source for streetscape improvements in Old Town had yet to be secured until 2020 when the City and County of Orange entered a partnership to create an Enhanced Infrastructure Financing District (EIFD) within and around Old Town Placentia.
The EIFD allocates City and County property tax revenue to construct public infrastructure improvements within the EIFD/Old Town project area utilizing tax increment financing. This partnership was the first of its kind in the State. The EIFD sets aside a small portion of existing property tax revenue collected each year from properties located within the project area for use in improving or providing new public infrastructure within the same project area. EIFDs were created by the State Legislature to help spur private investment in neighborhoods where public investment in supporting infrastructure has occurred. Property tax rates within the project area remain unchanged and there was no increase in taxes paid by the property owners located within the EIFD. It is anticipated that lease revenue bonds will be issued to provide the needed capital to construct the planned streetscape improvements. City and County staff have been working to finalize the bond structure and financing limits which should be completed within the first quarter of 2023.
The City Council allocated funds in the Fiscal Year 2021-22 Capital Improvement Program Budget (CIP) to provide the engineering and landscape architecture design services needed to prepare shovel -ready construction plans and bid specifications for the improvements included in the adopted streetscape master plan. Accordingly, Staff prepared a Request for Proposals to solicit bids from civil engineering design teams to prepare the construction documents and specifications for this project. A total of four (4) proposals for this project were received. A Selection Committee consisting of the Deputy City Administrator, Director of Development Services, and City Engineer reviewed the proposals.
City Council Agenda
April 4, 2023
Cost proposals were received from each firm and were opened and evaluated as part of the evaluation process. Consultant cost proposals are based upon hourly rates for each assigned project team member multiplied by the total number of allocated hours by task. Professional services agreements are awarded based on qualifications; however, cost is a consideration only to the extent that the proposed cost is reasonable for the services to be provided. On December 6, 2022, the City Council awarded an agreement to a different consultant team for this project. However, before any design work actually started the consultant team began to submit change order demands for items of work they claimed were not included in the contract scope of work. Given the complexity and importance of this project, Staff determined that it would be in the City's best interests to proceed with this project with a different team and cancelled the contract.
HR Green Pacific's initial total number of hours in its proposal was approximately half of what was proposed by the other three consults teams; however, HRGreen updated their proposal and fee based on further scope clarification provided by city Staff.
Staff and adjacent property and business owners along the 100 block of Santa Fe Avenue are evaluating the potential for a permanent street closure on that block and converting the street into a new public plaza space. The proposed agreement includes a provision that engineering design work, other than survey and mapping, not begin on this portion of Santa Fe Avenue until a final decision on whether or not to close the 100 block of Santa Fe has been made by the City Council.
Should the City Council elect to close the street, the proposed improvements will follow approved concept plans and should the City Council elect to keep the street open, the final improvements will follow the concept plans included within the adopted Old Town Streetscape Master Plan. The final engineering design process is anticipated to be completed in 9-12 months.
The City has previously worked with HRGreen on multiple projects with favorable outcomes.
Accordingly, Staff recommends the City Council award this proposed Professional Services Agreement to HRGreen.
FISCAL IMPACT:
The proposed contract not -to -exceed amount to provide design services for this project totals $608,594. A total of $650,000 has been budgeted in the FY 2022-23 Capital Improvement Program Budget for these services. Accordingly, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
Masa See
City E gineer
y
Jennifer Lampman
Director of Finance
City Council Agenda
April 4, 2023
Reviewe d e proved: Reviewed a71---ppro
Luis Estevez Damien R. Arrura
Deputy City Administrator City Administrator
Attachment:
Professional Services Agreement with HR Green Pacific
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
HR GREEN PACIFIC
THIS AGREEMENT is made and entered into this 4TH day of April, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and HR GREEN PACIFIC, a state of Califonina corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide engineering and landscape architecture design services for the Old Town Placentia Streetscape Improvement Project, as more fully described herein; and B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 [HR GREEN PACIFIC]
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed six hundred eiaht thousand five hundred ninety four Dollars ($608,594.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing.. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice_ Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The 3 [HR GREEN PACIFIC]
Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on April 4, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed 4 [HR GREEN PACIFIC]
work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of 5 [HR GREEN PACIFIC]
Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 [HR GREEN PACIFIC]
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endoresements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Manaaers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be 7 [HR GREEN PACIFIC]
changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
HR GREEN PACIFIC
1260 Corona Pointe Ct. Suite 305
Corona, CA 92879
Tel: 951.475.3613
Fax: 713.965.0044
Attn: Chase Keys, PE
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714.993.8148
Fax: 714.528.4640
Attn: Luis Estevez
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or 8 [HR GREEN PACIFIC]
willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or 9 [HR GREEN PACIFIC]
organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Furthermore, Consultant will comply with the following:
(a) Unauthorized Aliens. Consultant 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 10 [HR GREEN PACIFIC]
therein. Should Consultant 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, Consultant 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 Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant 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. Consultant 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 htto:// www.uscis.aov , or access the registration page at httr s://e-verifv.uscis.aov/enroll . Consultant 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.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
11 [HR GREEN PACIFIC]
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula
City Administrator
ATTEST:
Robert S. McKinnell,
City Clerk
of the City of Placentia
12 Date:
[HR GREEN PACIFIC]
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Masound Sepahi, Project Manager
DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
[HR GREEN PACIFIC]
EXHIBIT A
CONSULTANT'S PROPOSAL
The contract proposal and scope of work is attached hereto as Exhibit A and incorporated herein to this agreement. Consultant shall delay any design work, other than survey and mapping services, on the 100 block of Santa Fe Avenue until a final decision is made by the City whether or not to convert that block into a permanent outdoor plaza or to design and construct the street improvements pursuant to the adopted Old Town Streetscape Master Plan.
The City shall issue the consultant a Notice to Proceed (NTP) to begin work based on this stipulation and will issue a separate NTP to complete the final engineering design of the 100 block of Santa Fe Avenue.
14 [HR GREEN PACIFIC]
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 [HR GREEN PACIFIC]
HRGreen®
PACIFIC
City of Placentia
RESPONSE TO RFP FOR
Professional Engineering Design Services for the Old Town Placentia Streetscape Improvement Project
MARCH 23, 2023
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Chase Keys, PE
1260 Corona Pointe Court Suite 305
Corona, CA 92879
Direct 951.475.3613
[email protected]
HRGreen®
PACIFIC
March 23, 2023
1260 Corona Pointe Court , Suite 305
Corona, CA 92879
Main 855.900.4742 Fax 713.965.0044
HRGREEN.COM
2.1 & 2.2 Cover Letter
Luis Estevez
Deputy City Administrator
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Re: RFP for Professional Engineering Design Services for the Old Town Placentia Streetscape Improvement Project
Dear Mr. Estevez and Other Selection Committee Members, Many cities have moved towards the adoption and implementation of "complete streets" throughout areas of significance within the community. The adoption of the Old Town Placentia Streetscape Master Plan in 2017 provided the framework for the desired enhancements to Old Town Placentia, and the subsequent City approval of the Infrastructure Financing District solidified the City's commitment to implement this important project.
For the City of Placentia to successfully implement this project, a proven design team that can understand and improve upon the Streetscape Master Plan is needed. This is exactly where HR Green Pacific, Inc. (HR Green) can provide the leadership necessary to deliver this project successfully and collaboratively.
The team that HR Green has assembled provides a proven track record of collaboration and project execution necessary to successfully deliver a vital enhancement to the community such as the Old Town Streetscape Improvement Project. All the critical components of this project are managed by the individual subconsultant's team leaders as well as the proven experience leadership of our Project Manager, Chase Keys, PE. Chase has collaborated with many of our team members on similar projects in the past.
Our key personnel have been chosen for this project due to their years of experience with similar projects. This team has worked together and can seamlessly transition to the work associated with the Old Town Placentia Streetscape Improvements. In addition to internal HR Green staff, our project team consists of four highly regarded subconsultants. These firms are leaders in their respective industries and have all partnered with HR Green on several similar projects.
► Kelsoe & Associates - Surveying
► Terracon - Geotechnical Engineering
► VDLA Landscape Architects - Landscaping and Irrigation ► STC Traffic, Inc. - Lighting and Electrical
► Azarvand's Building Department Services - CASp Review Technical Proficiency/Innovative Solutions to Deliver Quality & Streamline Processes Leveraging an unparalleled depth of consulting expertise, innovative thinking, best practices, and leading-edge technologies, we will deliver services that save you time and money, and enhance operations. Our staff will implement proven processes to maximize the City's return on investment.
HR Greene 1 Building Communities. Improving Lives.
HRGreen®
PACIF IC
► Luis Estevez
March 23, 2023
We will protect the City's best interests by providing comprehensive, quality, responsive, technically proficient and timely services. You can have confidence that our staff will protect your interests, anticipate your needs, and proactively communicate with you throughout the design, bid, and construction phases.
Summary of Key Elements of Our Proposal
Throughout our proposal we have provided the depth of experience our project team has on similar projects and for similar agencies. Our list of representative projects shows that over the years we have consistently delivered projects on time and within budget to the satisfaction of our clients. That fact is evidenced by our clients continuing to call on HR Green to deliver important projects for their respective agencies again and again.
Our Differentiators / Why We Are Best Suited to Deliver This Project ► Our Project Manager, Chase Keys, PE, has successfully delivered streetscape projects for several local agencies.
► Key HR Green staff previously provided project oversight on behalf of the City of Placentia for a nearby Metrolink grade separation project and understand the City's specific needs. ► HR Green staff have previously provided City Engineering Services to the City. ► Exclusively serve public agencies / No conflict of interest.
Chase will serve as your primary point of contact for this contract and can be reached at 951.475.3613 or via email at ckeys©hrgreen.com, or via fax at 713.965.0044. Per section 2.2.1.2 of the RFP, this letter is signed by Timothy Hartnett, our Vice President and Principal -in -Charge. Per section 7.9.1, this proposal shall remain firm for one hundred twenty (120) days following the closing date for the receipt of proposals.
We look forward to successfully working with the City of Placentia on this important project, as we have on past projects. Please feel free to reach out to Chase with any questions.
Sincerely,
HR GREEN PACIFIC, INC.
Chase Keys, PE
Project Manager
.111041-44
Tim Hartnett
Vice President and Principal -in -Charge
TABLE OF CONTENTS
2.1 & 2.2 Cover Letter and Signature Requirements
2.3 Executive Summary
2.4 Project Team Organization 2
2.5 Relevant Project Experiences and References 15
2.6 Project Understanding and Approach 19
2.7 Scope of Work 22
2.8 Schedule 27
3.0 Required Proposal Statements 28
5.0 Exceptions 29
6.0 Resource Allocation 31
6.0 Cost Proposal Provided under separate cover
�iSad�r` R'
Precedes This Page
1 2.3 Executive Summary
2.3 Executive Summary
The development of the City's Old Town Placentia Revitalization Streetscape Master Plan ("Master Plan") is poised for the next level — successful implementation. That "successful implementation" in an area of the City that has a community - oriented emphasis can only occur if the right team is assembled. The team that HR Green has assembled provides the correct mix of an engineering -lead team combined with the artistic balance of the landscape architectural firm of VDLA.
HR Green currently and previously provided various services to the City of Placentia (staff augmentation for City Engineer, owner representative for Metrolink grade separation projects, improvement plan review, etc.), however, when it comes to the excitement of improving a historical downtown area, HR Green and the City have not worked together. HR Green's team is currently in the process of delivering improvement designs associated with Streetscape Master Plans or complete street components for several local agencies. Our team even collaborated to develop a preliminary streetscape plan that has proceeded into the full design phase for nearly five (5) miles of pedestrian and safety enhancements.
HR Green's team has collaborated in preparing the "representative key elements map", which encompasses the key considerations in the successful design and delivery of this project. Since one of the items identified in the Master Plan called for pervious pavers in the crosswalks, Terracon will review the existing soil conditions specifically for this request and will provide necessary recommendations to the design team and the City on the feasibility of this type of improvement. VDLA will provide the necessary hardscape and softscape design to coincide with the vision of the Master Plan, while the HR Green designers will combine all of these ideas into a complete package that the City will be proud of for many years to come.
1493
HRGreen®
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Old Town Streetscape Improvement Project 1 City of Placentia
sect Team 1 r1amzatio
2.4 Project Team Organization
Primary City Contact
Your primary point of contact is Chase Keys, PE, our assigned Project Manager. Chase will see that all resources are allocated to your project(s) as needed, serve as part of our QA/QC team, and will be available for requested meetings with the City. Background information regarding HR Green and our subconsultants listed below begins on the next page. Resumes and work experience for our leadership team, along with that of the Key Personnel and our subconsultants are found beginning on Page 6.
Principal -in -Charge
Tim Hartnett •
60+ Additional HR Green
Support Staff Available
•
•
City of Placentia
4411/0
Project Manager
Chase Keys, PE •
Derek Wieske, PE •
• Key Personnel
HR Green Team
Art Casillas, EIT •
Staff Engineer
Monica Pangco, EIT
sign Technician
Trent MacDonald
Lighting and Electrical
Subconsultant
• i Christian Lambarth, PE, TE, PTOE •
•
•
STC Traffic, Inc.
•
Bob Kelsoe, PLS •
Kelso & Associates •
Geotechnical
Subconsultant
Jay Martin, PG, CEG • •
Terracon
Landscape and Irrigation
Subconsultant
•
•
Brett Allen, LLA • •
Van Dyke Landscape Architects
(VDLA) •
CASp Review
•
•
•
Behrouz (BJ) Azarvand, CASp •
Azarvand's Building
Department Services, LLC •
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HRGreen.
PACIFIC
Old Town Streetscape Improvement Project City of Placentia
HR Green's Background
Founded in 1913, HR Green has been providing public
sector services for more than 100 years and ranks
among ENR's Top 500 Design Firms (currently #162)
and is regularly listed among the Top 100 Construction
Management Firms in the United States. The firm is
a corporation with 600+ employees and 18 offices
throughout the United States, including two in Southern California. Our California-based corporation (HR Green
Pacific, Inc., DIR # 1000050680), incorporated in the
State of California on May 19, 2017, and is headquartered in nearby Corona.
We exclusively serve public agencies in California and
specialize in multi -faceted design and engineering
services. We have 60+ staff assigned in Southern
California, many of whom have a broad range of
engineering design, public works engineering, project/
program management, staff augmentation, plan
review, inspection, building and code, technology, and
construction experience.
ENR
TOP500
Design Firms
ENR
TOP100
Construction
Great
Place
To
Work
Certified
FEB 2621 -FEB 2022
USA
HR Green's Governmental Services
m
1493
HRGreen®
PACIFIC
Design + Engineering
Master Planning, Civil Design, Utility Coordination, Pavement Evaluation, Traffic, Transportation Planning, Drainage, Stormwater Compliance, Water + Wastewater, Value
Engineering
Electronic Plan Check
Building + Civil Plan Check, Electronic Review + Digital Commenting, Paperless Processing + Tracking, Needs
Assessment, Software Customization + Implementation,
Change Management
Program + Project Management
Departmental Oversight, CIP, Change Management,
Organizational + Operational Audits, Solid Waste, Grant Writing + Administration
Building + Safety
Building Administration, Plan Check, Inspection,
Permit Processing, Code Enforcement
Land Development Coordination
Entitlement Processing, Project Tracking + Tracking,
Development Review, Project Facilitation, Standards and Procedures Development, Inspections, Development
Incentive Programs
r HR Green has continued
to climb the rankings
on Engineering News
Record's (ENR) annual
lists of top design and
construction firms in the
nation, rising 16 spots and
coming in at 162 in 2022.
HR Green is consistently
ranked among ENR's
Top 100 Construction
Management Firms in the
United States because
we care about delivering
successful projects.
Recognized as a Great Place
to Work® -certified company
1. HR Green Pacific, Inc.
1260 Corona Pointe Court I Suite 305
Corona, CA 92879
855.900.4742
www.hrgreen.com
Construction Management
Construction Management, Resident Engineering, Contract Administration, Constructability Review, Office Engineering, Inspection, Quality Assurance + Quauty Control, Claims
Management, Stakeholder Coordination
Virtual City Hall
Contactless Touchless Counter Services, Remote Plan Check, Remote Construction Management + Inspection, Virtual Engineering Design, Contactless Permitting, Software Implementation Staff Augmentation
Embedded Staff (FT/PT) - All Departments (Engineering, Public Works, Building + Safety, Code, Community Development,
Construction)
Broadband Consulting
Master Planning + Visioning, Smart City, Fiber, Policy Development, Permit Processing, Design Standards Development, ITS,
Grants + Funding, Utility AMR + AMI Planning, Municipalized Street Lighting, GIS Mapping, Community Outreach, Small Cell, 5G, ITS, Studies, Design + Engineering, Procurement, Construction Management GIS + Asset Management
Master Planning, Pavement Management, Utility Mapping,
Design Plans, Database Design, Right -of -Way Management, Asset Inventory, Small Unmanned Aerial Mapping (SUAS)
Old Town Streetscape Improvement Project City of Placentia
HR Green's Subconsultants
HR Green's team offers a full range of experience and knowledge to assist the City of Placentia in meeting your current needs and future goals regarding the Old Town Streetscape Improvement Project. Because of the complexity of the project, HR Green has chosen to work with our proposed subconsultants. Each has previously worked with us on similar projects to successfully provided these services for similar agencies. Together, we will deliver support that is responsive to your needs, nimble to changing conditions, and create the right mix of staff to meet the project needs and goals.
IIKELSOE
1 KELSOE & ASSOCIATES, INC. - SURVEY SERVICES
Formed in 1981, Kelsoe & Associates is a California
Corporation based in the City of Corona. They currently employ a staff of seven (7) professionals, and maintain vehicles and equipment for three field crews utilizing robotic total stations and state-of-the-art GPS receivers. Their office staff is equipped with the latest AutoCAD software.
Kelsoe & Associates is a full-service land surveying firm serving private and public sector clients throughout Southern California. The essential components that drive the practice are client service, innovation, and a quest for excellence. These principles have guided the performance and growth of the company and helped provide their clients with technically advanced and cost-effective solutions that are specifically tailored to their needs.
Kelsoe & Associates,
nc.
20 E. Parkridge Ave.
orona, CA 92879
951.736.0755
[email protected]
www.team-kelsoe.com
I. -
Over the past 30 years, they have accumulated an extensive database of survey information throughout Southern California. They are often able to provide clients with substantial cost savings by utilizing previous survey data. Their record of past performance clearly shows that they are committed to delivering projects on time and within budget.
Representative clients include: The Cities of Corona (various departments), San Dimas, Claremont, Pomona, Norco, Duarte, Rialto, San Gabriel, South El Monte, Moreno Valley, Hemet, and several others, as well as numerous private companies.
lrerracon TERRACON is a 100 percent employee -owned nationwide, privately held corporation, having provided consulting
engineering services to clients since 1965. From its roots in geotechnical engineering, Terracon has evolved into a successful multi -discipline firm specializing in environmental, facilities, geotechnical, and materials services for private and public -sector clients. They have provided services on some of the largest and most complex projects in the area. These projects include street improvements, bridges, highways, municipal buildings, sewer and stormwater improvements, water tanks, treatment plants, utilities, public works, projects federally funded, K-12 schools, community colleges/universities and many others. Their engineers and construction materials technicians and inspectors understand the challenges that projects have during both the design and construction phases. They offer clients across the country practical, cost- effective solutions from more than 150 offices. By anticipating project requirements and adapting to challenges, Terracon makes it easy for you to work with them. They approach every project — large or small — with your business objectives in mind. This focus results in projects being completed accurately and on schedule. Each Terracon team member has significant experience in various municipalities throughout Sounthern California.
Terracon - GEOTECHNICAL SERVICES
Terracon
1355 E. Cooley Dr., Suite C
Colton, CA 92324
909.824.7311
[email protected]
www.terracon.com
1493
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Old Town Streetscape Improvement Project 1 City of Placentia
vAn
LAN DSCAPE
ARCHITECTS
Van Dyke Landscape Architects (VDLA) - LANDSCAPE SERVICES VDLA a certified small business (micro), was founded in 1972. For 50 years, VDLA has specialized in landscape architecture, urban planning and design, irrigation design, water resource management services, graphic communication, community outreach services, plan check reviews and field inspections. VDLA provides these services throughout Southern California from our offices in Solana Beach and Temecula.
Their staff includes 17 professionals who hold project hold credentials such as licensed landscape architects, certified irrigation designers/ auditors, and recycled water site supervisors. Their mission is to provide quality landscape designs integrating sustainable environment design for the communities they work, live and play in.
Van Dyke Landscape
Architects (VDLA)
462 Stevens Ave.
Suite 107
Solana Beach, CA 92075
619.294.8484
[email protected]
www.vdla.us
VDLA core staff has worked together for nearly 20 year. Their combined expertise gives VDLA the unique ability to create stunning yet practical landscape architectural design, produce accurate construction documents, and provide unsurpassed client service. VDLA takes pride in the quality and the professional level of service that our staff provides and have carefully chosen the best in the industry to carry out the needs of our clients. Their staff has a strong sense of collaboration within their office and has established a record of completing projects on schedule and within budget for major clients in the public and private sectors. Their attention to detail on each and every project is unique to the industry.
Azarvand's Building Department Services, LLC
Azarvand's Building Department Services, LLC - CASP SERVICES Azarvand's Building Department Services is a sole proprietorship, owned and operated by Behrouz (BJ) Azarvand. The company has been in business, providing CASp review services as well as other services, since March, 2015. Prior to that, BJ worked for the cities of Irvine, Tustin and the City of Orange in various capacities from plans examiner to building official.
Recent complex plan check work includes:
► Music correctional maximum -security facility in Irvine. Correction facilities for both men and women
► Juvenile correctional and vocational facility in the City of Orange. Vocational facility for juveniles.
► St. Michael's Abby in Silverado Canyon. (Mixed use facility) Project included sanctuary, offices, residence, indoor/ outdoor burial facilities.
Azarvand's Building
Department Services,
LLC
28232 San Marcos
Mission Viejo, CA 92692
949.330.3198
[email protected]
► IN -N -OUT Burger building in North Tustin. Restaurant. ► Chick -A Filet in Ladera Ranch. Restaurant.
BJ has performed plan review for most of the County projects including correctional facilities in Santa Ana, OC Sheriff's facilities in Aliso Viejo, City of Orange, and Santa Ana. BJ has worked with HR Green in several instances where CASp review services were required.
1493
HRGreen®
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Old Town Streetscape Improvement Project City of Placentia
STC TRAFFIC, INC. - TRAFFIC LIGHTING & ELECTRICAL
SERVICES
STC is a full-service traffic engineering, transportation planning, cj and intelligent transportation systemsconsulting firm. They employ highly -trained staff who provide state-of-the-art traffic engineering services to public agencies throughout Western Riverside County and Southern California. Their team is recognized for its capacity to creatively solve problems arising from the most complex traffic engineering projects.
STC has a strong and trusted relationship with the traffic engineering community thoughout Southern California. STC's philosophy of work puts strong emphasis on attentive project management, with open lines of communication, a "stand -ready" work -ethic, and comprehensive quality assurance/quality control. Their dedication to clients and their respective communities, combined with their high level of technical expertise, has allowed them to become a leader in traffic engineering.
Staff members have the highest level of expertise possible across a broad range of specialties and are comprised of Professional Engineers in Civil Engineering and Traffic Engineering, Traffic Operations Engineers, Certified IMSA Signal Technicians, ITS and Systems and Network Engineers, and Public Works Electricians and Inspectors. These are the professionals and qualifications that municipalities seek as resources to execute traffic signal communications master planning and associated PS&E. 1493
HRGreen®
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Old Town Streetscape Improvement Project 1 City of Placentia STC Traffic, Inc.
5973 Avenida Encinas, Suite
218
Carlsbad, California 92008
760.585.4711
christian.lambarth@
stctraffic.com
www.stctraffic.com
EXPERIENCE
10 Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #90593
AVAILABILITY
20-30%
1493
HRGreen®
PACIFIC
Chase Keys, PE
Project Manager
Chase brings comprehensive experience managing/delivering CIP projects, processing permits, responding to public inquiries and utility concerns, reviewing various plans, and has utilized permitting and database software to track public works and development activity through a GIS interface. His experience includes a multi -faceted involvement with Engineering, Public Works, and Building and Safety Departments as well as NPDES compliance operations. He has helped prepare grant applications for federal, state, and regional funding. Moreover, he has assisted in both the office and field on construction projects, and processed paperwork through Caltrans and regional transportation agencies.
He has served as CIP Manager for the Cities of Jurupa Valley and Hemet and has also assisted the Cities of Lake Elsinore, Azusa, Rolling Hills Estates, Palos Verdes Estates, Claremont, Pomona, Rancho Cucamonga, and Beaumont in delivering a broad array of CIP and land development projects, including design and engineering in a staff augmentation role.
SELECTED PROJECT EXPERIENCE
r Project Manager, Hemet Valley Bikeway, City of Hemet
This flagship project for the Bike Hemet improvement program in the City of Hemet constructs bicycle improvements along a nearly five -mile route that extends from the northern City limit to a new transportation mobility station located along the Salt Creek Corridor. The project also impacts six elementary or middle schools. This critical link closes a bikeway gap, providing needed connections to activity centers within the City.
Project elements include Class II and III facilities, bicycle detection, bike boxes, bike lockers, and bike repair stations. A transportation mobility station provides bicycle staging areas and linkages to regional trails. Other proposed improvements include pavement rehabilitation, street widening, improved signage, lane striping, curb, gutter, sidewalk, and ADA ramps/curb extensions.
r Project Manager, Towne Ave Street Improvements, City of Claremont Towne Avenue is a main corridor in Claremont and only one of two roads in Claremont with access to the 210 freeway, making it one of the heaviest used routes in Claremont.
HR Green provided design services for improvements to Towne Avenue that incorporated "Complete Streets." This design included the addition of new landscaped medians down the center of Towne Avenue and tree wells along the sidewalks on both sides of the street. New bulb outs were also incorporated into the design to slow down traffic and allow for a more comfortable and safer path for pedestrians when crossing the street.
New Class IV protected bike lanes and bike boxes at the intersections were designed to increase visibility and better serve bicyclists, while improving the drivability of the road for motorists. Driving lanes and bike paths have been designed to be separated by small, landscaped medians reducing stress of both bicyclists and motorists. Traffic signal enhancements were also part of the project. Such improvements included upgraded signal lights, Intelligent Accessible Pedestrian Systems (APS) and new video detection.
(Continued on the next page)
Old Town Streetscape Improvement Project City of Placentia
H RGreen
PACIFIC
Chase Keys, PE (continued)
Project Manager
1> Project Manager, Holt Avenue Median Streetscape Improvements, City of Pomona
Chase was the Project Manager on this major project for the City of Pomona. The project included a thorough traffic analysis of the corridor including taking 24-hour turning movement counts at 85 intersection and 60 private driveways, traffic forecasting, and traffic model development to document existing, future no -build, and build conditions. After completion of the detailed traffic analysis, four median design concepts were prepared working closely with both City staff and the public in order to determine the final build concept After approval of the final build concept HR Green was awarded a supplemental contract to begin final design of the roughly 4.5 mile median and streetscape improvement project.
Project Manager, Sunnyslope Area SR2S Sidewalk Improvements, City of Jurupa Valley
Project Manager responsible for the design of nearly two miles of new sidewalks in the vicinity of Sunnyslope Elementary School. The project included new sidewalks, new ADA access ramp bump -outs to shorten crossings, a pedestrian activated rectangular rapid flashing beacon at an uncontrolled school crossing, and new high visibility crosswalks throughout the project. The design had to consider the steep grade changes at the residential properties of which most already sat below the existing roadway.
Old Town Streetscape Improvement Project City of Placentia
EXPERIENCE
35 Years
EDUCATION
BS, Engineering Design
PROFESSIONAL
AFFILIATIONS
American Council of
Engineering Companies
AVAILABILITY
5%
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HRGreen®
PACIFIC
Tim Hartnett
Vice President and Principal -in -Charge
Over the past 35 years, Tim has provided ongoing municipal engineering and program/ project management services to key municipalities throughout the country, guiding them through periods of extreme growth. He has provided subdivision and site improvement review/approval processing from concept plan through the final plat in accordance with the municipality's Municipal Code, Engineering Standards, applicable development agreement and annexation agreements. He supports strategic decision-making by presenting information to councils, boards, and committees; facilitating public engagement discussions; meeting with developers; and informing residents and business owners of project schedules.
Tim has considerable experience performing critical services, such as grants and funding procurement for roadway, parks and facility improvements, construction observation, general engineering advisory services, water and wastewater master planning, capital involvement planning and implementation, organizational/operational assessments, and staff augmentation and support. Tim also acts as the lead contact between HR Green clients and the various design/field staff members executing all projects within the communities he represents
SELECTED PROJECT EXPERIENCE
Pavement Rehabilitation and Complete Streets, Various Municipalities As Principal -in -Charge, Tim provides and/or oversees diverse consulting and advisory services to municipalities across HR Green's client base. This includes master planning, CIP program/project management, staff augmentation, plan review (building and civil), asset management, design management and engineering of infrastructure (roads, drainage, stormwater, water, wastewater, lift stations, site improvements, parks), telecommunications (broadband, fiber, small cell, smart city), organizational/operational assessments, grant procurement and administration, construction management and observation.
>Towne Avenue (Complete Streets) Improvements, City of Claremont Principal -in -Charge for the City's complete streets project on Towne Avenue from Foothill Boulevard to Base Line Road. The project included pavement rehabilitation, ADA improvements, traffic signal modifications, modification to existing raised center median, new raised median to create a Class IV bike lane, widening and reconstruction of existing sidewalks, signing and striping improvements, and complete landscape and irrigation plans.
Citywide Pavement Rehabilitation Program, City of Moreno Valley Principal -in -Charge for the street improvement and signing and striping plans for over forty (40) miles of arterial/collector streets. The project included the grind and overlay or slurry seal of streets throughout the City. In addition to the rehabilitation or maintenance of existing pavement, the project also included new signing and striping of all streets, including the addition of new Class II and Class III bikeways as well as several bicycle boulevards. HR Green had to take into the account the City's adopted bicycle and pedestrian master plan and existing on -street parking to design the most effective and efficient corridors. At the City's request to expedite the project, HR Green was able to complete the design of all forty miles within six (6) months.
Old Town Streetscape Improvement Project City of Placentia
EXPERIENCE
20+ Years
EDUCATION
MS, Civil Engineering
Master, Business
Administration
BS, Civil Engineering
REGISTRATION /
LICENSE
Registered Civil Engineer,
CA #49872
AVAILABILITY
10-20%
1493
HRGreen®
PACIFIC
Derek Wieske, PE
Quality Assurance / Quality Control
Derek has more than 20 years of solid professional experience, primarily in public works and transportation projects, and has experience in design, project management, and construction management. Derek has served as resident engineer and construction manager on a wide variety of public works construction projects, including several State and federally funded transportation projects, and is knowledgeable on the Local Assistance Procedures Manual. As a former public works official, Derek has gained effective leadership and communication skills in managing complex construction projects involving multiple disciplines. Derek is particularly skilled with dealing with residents and business owners to address issues of concern during construction. Derek has also gained expertise over the years in the implementation of low impact development best management practices during construction, including bioswales, porous pavement, and retention basins. Derek has reviewed and approved hundreds of these features, and has lectured in the past at a Healthy Watersheds seminar on some of his project success stories.
SELECTED PROJECT EXPERIENCE
rSouth Laguna Streetscape Project, City of Laguna Beach, Project Manager Project Manager during the design of this federally funded project which included installation of upgraded sidewalk, landscaping, medians, decorative street lights, upgraded bus shelters, street furniture, and a small new parking lot along Pacific Coast Highway. This project design involved extensive collaboration between community members out of a desire to improve the streetscape, and involved extensive use of stormwater best management practices. Derek worked closely with both resident citizen groups and local businesses to develop the project scope, obtain funding, complete the design, and obtain permits from Caltrans for the project. The project included the implementation of best management practices to minimize urban runoff. 'Trabuco Road Pavement Rehabilitation Project, City of Lake Forest, Resident Engineer
Resident Engineer for this pavement rehabilitation project, which included grinding, and overlay of asphalt rubberized hot mix (ARHM), adjustment of conflicting utilities, concrete repairs, upgrading of non-compliant curb ramps and minor landscaping improvements. Derek coordinated all of the inspection work for this project, and oversaw the inspection staff. The project was on a fast track, and was ultimately delivered ahead of schedule. The project was immediately adjacent to a major flood control facility, and required coordination with the Orange County Flood Control District. >Diamond/Crestview Area Road Widening Projects, City of Laguna Beach, Construction Manager
Construction Manager for the widening of several roads in residential hillside community of Diamond/Crestview to accommodate two-way traffic. The project included retaining walls with innovative materials such as concrete lagging. This project involved close coordination with homeowners, including one resident which acquired a cooperative agreement with the City to relocate a driveway and a garage.
Old Town Streetscape Improvement Project City of Placentia
EXPERIENCE
9 Years
EDUCATION
BS, Civil Engineering
REGISTRATION
EIT, CA #149135
AVAILABILITY
45-55%
1493
HRGreen®
PACIFIC
Art Casillas, EIT
Design Lead
Art has more than nine years of professional experience as a construction manager and project engineer. He has been involved with road pavement and rehabilitation projects, traffic signal improvements, street widening, and worked with Caltrans for encroachment permits. He has provided services to various public agencies including the Cities of Walnut, San Gabriel, Covina, and Norco.
SELECTED PROJECT EXPERIENCE
>Amar Road Pavement Rehabilitation Project, City of Walnut Art was the construction manager, overseeing all contractors and subcontractors on behalf of the City. The project included a rubberized asphalt hot mix (ARHM) over cement treated pulverized base, striping and curb ramp work to update to ADA specifications.
x2017/18 Great Streets Improvement, Phase I, City of San Gabriel Art was the construction manager, overseeing all contractors and subcontractors on behalf of the City. This project included multiple residential streets citywide, with a majority of cold mill and overlay. One of the collector roads was designated as cement treated base with asphalt overlay. The project also included striping, curb and gutters, and curb ramps to update to ADA specifications.
'Traffic Signal Improvements at Two Existing Intersections, City of Covina Art was the construction manager responsible for updating the traffic signal poles at two intersections (eight traffic signal poles). The project work included utility coordination to install service meters with a complete upgrade of the controller cabinet, conduits, conductors, loop detectors, striping and signing. This project also included curb ramp upgrades to meet ADA specifications.
Second Street Roadway Widening, City of Norco
Art was the designer for this road widening project to allow for on street parking, and installation of curb and gutter. The project was challenging due to the existing grade behind City right-of-way with one side higher than the other, which required a segment of roadway to be super -elevated. Storm drain catch basins were also added along with striping and curb ramps, and a horse trail to accommodate local residents.
Hillside Avenue, 5th to 6th Roadway Widening, City of Norco Art was the designer for this project for this road widening project to accommodate on street parking and an installation of curb and gutter. This included widening the existing roadway, adding curb and gutter, signing, striping, and ADA compliant curb ramps. Catch basins were also added to connect to existing drainage and a horse trail to accommodate local residents.
Old Town Streetscape Improvement Project City of Placentia
EXPERIENCE
30 Years
EDUCATION
SoCal Surveyors Joint
Apprenticeship Commitee
Chairman and party chief
program (4 years).
Rancho Santiago College -
land surveying program.
Riverside City College - land
surveying program
REGISTRATION
Professional Land Surveyor,
CA, #6957
Bob Kelsoe, PLS
Survey Services, Kelsoe & Associates (President)
Bob is the president of Kelsoe & Associates, Inc. and has more than 30 years experience in the land surveying profession. He is a licensed land surveyor in the State of California and Nevada and is in responsible charge of the firm's land surveying activities.
Prior to joining Kelsoe & Associates, Bob worked for California Corridor Constructors as a project surveyor on the San Joaquin Hills Transportation Corridor. He was responsible for the layout and calculation of more than 30 bridges and grading of approximately 12 miles of new freeway. In addition, he created the company's quality control/quality assurance program.
Bob has extensive experience in both performing and supervising surveys for public agencies. As a project surveyor for Fuscoe, Williams, Lindgren and Short, he worked closely with the California Department of Transportation (Caltrans) on detailed topographic surveys and second order geodetic control. He also performed and supervised surveys for the Los Angeles County Transportation Commision on the Metro Green Line and the Army Corps of Engineers on the lower Santa Ana River reconstruction.
In addition, Mr. Kelsoe is experienced in mapping and computer aided drafting (CAD). He has prepared Records of Survey, ALTA/ACSM land title survey maps, legal descriptions and topographic survey maps for the City of Corona, City of San Dimas, City of Rancho Palos Verdes, City of Bellflower and several other agencies throughout Southern California.
EXPERIENCE
37 Years
EDUCATION
MS, Geology
REGISTRATION / LICENSE
PG 4887 — California
CEG 1529 — California
AFFILIATONS
Inland Geological Society -
Co -Founder and Past Officer)
Geological Society of America
Seismological Society of
America
1493
HRGreen®
PACIFIC
Jay Martin, PG, CEG
Geotechnical Services, Terracon
Jay has 37 years of experience evaluating and mitigating geologic concerns and hazards across the State of California. He has provided project and senior -level engineering geologic oversight for design and construction of hospitals, schools, tanks, dams, roadways, bridges, railroads, intermodal yards and large residential and commercial development projects. Jay has extensive experience in the evaluation and mitigation of seismic hazards and has conducted numerous fault trenching projects across all major faults in Southern California. He has provided geologic, soils and mineral resources input to numerous environmental impact reports and environmental assessments. He has also conducted many mining reclamation projects for hard and soft rock mines from the Yuba River to the Mexico border. Jay's areas of expertise also include disaster evaluation and mitigation, as well as groundwater resource exploration, evaluation and development.
SELECTED PROJECT EXPERIENCE
'3rd Main Line Bridges, Cajon Creek Crossing / Cajon Boulevard, San Bernardino County
>San Jacinto Levee Replacement Project
'Various Pavement Assessments for Department of Public Works >Various Special Districts Water Tank Projects, San Bernardino Mountains Potrero Interchange Project, City of Beaumont (Caltrans) Barton Road Bridge Replacement, Caltrans
Old Town Streetscape Improvement Project 1 City of Placentia
EXPERIENCE
18 Years
EDUCATION
BS, Landscape
Architecture
REGISTRATION /
LICENSE
LLA, CA #6595
Certified Irrigation
Designer #58129
Certified Landscape
Irrigation Auditor
Recycled Water Site
Supervisor
EXPERIENCE
30+ Years
EDUCATION
BA, Architecture
REGISTRATION /
LICENSE
CASp-Certified
1493
HRGreen®
PACIFIC
Brett Allen, LLA
Landscape Services, Van Dyke Landscape Architects (VDLA) Brett has significant project management experience on projects for cities, counties, school districts and private development including libraries, plazas, corporate campuses, streetscapes, roundabouts, public corridor improvements, hardscape design, campus circulation and public use areas. He has a strong background in hardscape design and construction detailing, native and adaptive regional plant materials, planting design, soils and appropriate planting techniques. Brett also has expertise with large scale irrigation master planning, irrigation design, and construction administration. He has significant experience in preparing irrigation point of connection master plans, demand analyses, hydraulic analyses and coordinating this information with multi -disciplinary teams.
SELECTED PROJECT EXPERIENCE
✓ Project Manager, Holt Avenue, City of Pomona
✓ Project Manager, Towne Avenue (Complete Streets), City of Claremont ✓ Project Manager, Summerwind Ranch Trails, Calimesa
L>Project Manager, 1-10 Corridor, Coachella Valley
✓ Project Manager, Van Buren Boulevard / 1-215 Interchange, Riverside Behrouz Azarvand, CASp
CASp Reviewer, Azarvand's Building Department Services, LLC Behrouz has more than 30 years of building and safety expertise, including serving as Building Official, plan reviewer, building inspector, and managing permit counter activities for several California cities, including Orange, Irvine, Tustin, and Jurupa Valley. He is very proficient in electronic plan review. For the past several years he has been providing accessibility plan check to the County of Orange on the 23,000 -acre Ranch project.
He has also reviewed a complex jail project for Music Honor Farm in Irvine; a Juvenile Hall Multipurpose Rehabilitation complex in the City of Orange; custom homes, tract homes and apartment buildings; several capital improvement projects, such as tenant improvements for the Orange County Sherriff's Coroner office; and 100+ photo voltaic projects with or without battery back-up systems. As the Building Plans Examiner for Irvine, he reviewed tenant improvements, room additions, and over-the-counter plan reviews. This included meeting applicants in person and discussing review comments over the phone. As Planner he also processed conditional use permits and tentative maps, handled design review, zone changes, entitlement processing, and wrote staff reports. Behrouz served in a key facilitation role to coordinate projects between both the Planning and Building and Safety Departments to streamline the entitlement and approval process. He has also conducted numerous code and process -related training sessions and seminars. Behrouz is very proficient in the electronic plan check process.
Old Town Streetscape Improvement Project 1 City of Placentia
EXPERIENCE
14 Years
EDUCATION
BS, Civil Engineering
REGISTRATION /
LICENSE
Professional Engineer
(Civil) CA, #86675
Professional Engineer
(Traffic) CA, #2927
Professional Traffic
Operations Engineer,
#5180
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Christian Lambarth, PE, TE, PTOE
Lighting and Electrical Task Lead - STC Traffic, Inc.
Christian has over 14 years of experience in the management of traffic engineering projects throughout Southern California. He specializes in street lighting, traffic signal design, signing and striping, traffic control, traffic operational analysis, , and traffic signal interconnect. He pulls from his years of experience in the transportation industry to develop PS&E that focuses on constructability. He designs street lighting for purposes of roadway safety, security, utility, and aesthetics and has supported development of street and safety lighting design standards and guidelines for the cities of Menifee, Temecula, National City, and Carlsbad.
SELECTED PROJECT EXPERIENCE
>Holt Avenue Corridor Lighting Improvements, City of Pomona >Juniper Street Photometric Analysis and Design, City of Escondido >Little Italy 1-5 Undercrossing Light Feasibility Study & Design, City of San Diego r 8th Street and Highland Avenue Corridors Street Lighting, City of National City Old Town Streetscape Improvement Project 1 City of Placentia
2.5 Relevant Project Experience and
References
City of Claremont
HR Green provides design, on-call engineering and on-call plan review/project management services to the City of Claremont. HR Green has provided design services and prepared improvement plans for several projects to better service pedestrians, bicyclists, and improve the overall driveability of roadways.
Since working with the City, HR Green has provided services for several projects including:
Towne Avenue Streetscape Improvements
Towne Avenue is a main corridor in Claremont. It is only one of two roads in Claremont with access to the 210 freeway, making it one of the heaviest used routes in Claremont.
HR Green provided design services for improvements to Towne Avenue that incorporated "complete streets." This design included the addition of new landscaped medians down the center of Towne Avenue and tree wells along the sidewalks on both sides of the street. New bulb outs were also incorporated into the design to slow down traffic and allow for a more comfortable and safer path for pedestrians when crossing the street. New Class IV protected bike lanes and bike boxes at the intersections were designed to increase visibility and better serve bicyclists, while improving the drivability of the road for motorists. Driving lanes and bike paths have been designed to be separated by small, landscaped medians reducing stress of both bicyclists and motorists. Traffic signal enhancements were also part of the project. Such improvements included upgraded signal lights, Intelligent Accessible Pedestrian Systems (APS) and new video detection. Other features and amenities included pavement rehabilitation, landscape, and hardscape upgrades. Such features included sidewalk and driveway replacement and new ADA ramps to replace existing ramps. HR Green also designed "green street" components, incorporating Modular Wetland devices at existing catch basins and infiltration trenches within the center medians when possible.
Mt. Baldy Road Pavement Rehabilitation
In 2019 HR Green prepared improvement plans for Mt. Baldy Road between North Mills Avenue and Grand Avenue with plan view only GIS based plans. HR Green prepared construction bid drawings for the cold mill and overlay, re -striping drawings, technical specifications, and an engineer's estimate of probable construction costs. The GIS based approach saved the City roughly 15% in engineering fees.
REFERENCE
Maria Tipping
City Engineer
City of Claremont
207 Harvard Avenue
Claremont, CA 91711
909.399.5474
[email protected]
Staff: Steve Loriso, QSD/QSP; Chase Keys, PE; Trent MacDonald Old Town Streetscape Improvement Project City of Placentia H RGreen
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City of Pomona
Since 2013, HR Green has maintained various on-call civil engineering, plan check, and project management contracts with the City. We have provided design engineering of various roadway, alley way, sidewalk, curb and gutter, and ADA compliance projects citywide. This includes Mission Boulevard construction management for the installation of ADA improvements, signal conduit, and minor drainage improvements.
HR Green also provides on-call project management, staff augmentation, and plan review for the Gold Line light rail project, including the extension of the Light Rail Transit line through the City, two bridges at Garey and Town Avenues, and a flyover heavy rail west of Towne Avenue. Comprehensive review services include civil, traffic, railway, environmental and structural engineering, surveying, architecture, landscape, planning, CEQA/NEPA and related proposed work. HR Green has been working with the City of Pomona for the past several years on the planning and development of the Holt Avenue Median Improvements, which is part of a complete streets upgrade for this existing heavily utilized corridor.
REFERENCE
Matt Pilarz
Senior Civil Engineer
City of Pomona
505 South Garey Avenue
Pomona, CA 91766
909.602.3652
matt_pilarz©ci.pomona.ca.us
Sample Projects
► Holt Avenue Median Streetscape Improvements: The project included a thorough traffic analysis of the corridor including taking 24-hour turning movement counts at 85 intersection and 60 private driveways, traffic forecasting, and traffic model development to document existing, future no -build, and build conditions. After completion of the detailed traffic analysis, four median design concepts were prepared working closely with both City staff and the public in order to determine the final build concept After approval of the final build concept HR Green was awarded a supplemental contract to begin final design of the roughly 4.5 mile median and streetscape improvement project. ► Districts 3, 5 & 6 Improvements: Priority improvement plans were identified for priority locations located within several City districts and involved a combination of plan view only and plan/profile for four streets, a cul-de-sac and two alleys. HR Green prepared construction bid drawings for the cold mill and overlay, restriping drawings, technical specifications and an engineer's estimate of probable construction costs. Improvements within District 6 also involved the landscaping and irrigation of an existing raised center median along Towne Avenue. ► Arroyo Park Sidewalk Improvements: HR Green prepared construction bid drawings for the sidewalk improvements along Arroyo Park Drive from Arroyo Avenue to Arroyo Avenue (roughly 1,000 linear feet). This included topographic survey and right-of-way mapping for the project area. Private improvements within the public right-of-way were identified to be removed, relocated, or protected. Reconstruction of all existing driveway approaches were identified and details were provided to maintain ADA compliance throughout the path of travel.
Staff: Steve Loriso, QSD/QSP; Chase Keys, PE; Trent MacDonald; Monica Pangco, EIT Old Town Streetscape Improvement Project City of Placentia H RGreen
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City of Hemet
Between 2019 and 2022, HR Green served the City as City Engineer, responsible for delivering capital projects and enhancing the plan check delivery process. Unexpectedly, HR Green's role with the City rapidly expanded to include all engineering duties including CIP Planning, Plan Review, and Design. This has included serving as CIP Manager responsible for managing City's Capital Improvement budget and overseeing the design and construction of all capital projects including grant writing/administration.
HR Green staff are involved with the projects from conception and budgeting through construction management and close out and manage a wide array of projects for both engineering and public works, including the City's water/sewer system. The backlog of various projects and management needs include:
► Hemet Valley Bikeway: This flagship project for the Bike Hemet improvement program in the City of Hemet constructs bicycle improvements along a nearly five -mile route that extends from the northern City limit to a new transportation mobility station located along the Salt Creek Corridor. The project also impacts six elementary or middle schools. This critical link closes a bikeway gap, providing needed connections to activity centers within the City. Project elements include Class II and III facilities, bicycle detection, bike boxes, bike lockers, and bike repair stations. A transportation mobility station provides bicycle staging areas and linkages to regional trails. Other proposed improvements include pavement rehabilitation, street widening, improved signage, lane striping, curb, gutter, sidewalk, and ADA ramps/curb extensions.
► Esplanade Avenue Widening: In early 2020, the City lost a key employee and HR Green provided a seasoned Professional Engineer to work side by side with Community Development planning staff to streamline entitlement reviews, conditions of approval, and mapping approvals while the City completes a recruitment process. The City was concerned that the general fund be preserved, and that the development community pay fair share costs for study reviews and plan checks. The costs are fully tracked and there is 95% cost recovery for the services provided. HR Green is preparing street improvement, storm drain, and signing and striping plans for the 1.5 mile stretch of Esplanade Avenue between Warren Road and Sanderson Avenue. This project includes the widening of the existing 2 -lane rural road to a 5 -lane divided secondary with a painted center median as well as curb, gutter, and sidewalk. This project is coordinating with several other agencies including the County of Riverside and City of San Jacinto due to the shared City/County Limits along the project. The existing project alignment includes a roadside jurisdictional ditch along the south side of the roadway requiring coordination with CDFW/ MSHCP.
m1
REFERENCE
Noah Rau
Public Works Director/City
Engineer
City of Hemet
445 E Florida Avenue
Hemet, CA 92543
Phone: 951-765-3712
Email: [email protected]
“HR Green has been successful
performing City Engineering,
project support, plan checking,
and development reviews for
the City of Hemet since January
2019. HR Green is an ideal fit
for combining experience with
value by reducing the amount of
paper, time, travel, and costs.,
Chris Lopez
Former City Manager
Staff: Steve Loriso, QSD/QSP; Chase Keys, PE; Trent MacDonald; Monica Pangco, EIT 1493
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Old Town Streetscape Improvement Project City of Placentia
City of Jurupa Valley
HR Green provides full design, departmental management and on-site civil project staffing, planning, and engineering services to the City of Jurupa Valley and has been a partner to the City since it's inception. We have helped procure federal, state, and regional funding (ATP, HSIP, Safe Route to Schools, SB1, CalRycle, etc.) as well as prepared PS&E for CIP projects and have overseen the design and construction of 150 miles of pavement rehabilitation as well as Complete Streets, Green Streets, and Safe Routes to Schools. Our staff have utilized rubberized asphalt strategies (saving the City construction costs of up to $70,000 and incorporating "Green" recycle methodologies, such as reuse of scrap tires and leveraging local processing facilities, leading to less pollution and truck activity). We created a Pavement Management Report and maintenance program. More recently, our staff completed a Citywide Master Plan for Streets and Trails.
REFERENCE
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: [email protected]
Pyrite Street Complete Streets: HR Green prepared the ATP grant application, secured funding, developed conceptual plans, design management, construction management, and inspection. This project incorporated many "Complete Streets" elements. Pyrite Street was developed prior to City incorporation in 2011 with four through lanes, a 40 mile per hour speed, and 76 feet of pavement width. This type of roadway design was incompatible fronting an elementary school with children crossing the street, bicycle activity, and on -street loading/unloading. Glen Avon Elementary School serves 673 students in a disadvantaged community. Access to the school is limited to Pyrite Street. Consequently, at ingress/egress all student activity, including parents picking up and dropping off children, is concentrated at the front of the school. In addition, Pyrite Street is a Major Arterial and an attractive option to motorists accessing State Route 60.
The comprehensive Pyrite Street project included both continuous sidewalk and curb and gutter along the east and west sides of Pyrite Street between Galena Street and Mission Boulevard in the form of a Road Diet to better accommodate pedestrians, bicyclists, and equestrians while still accommodating automobiles. The project extended the existing sidewalk, curb and gutter on the east side of the street from its existing terminus just north of Glen Avon Elementary School to Mission Boulevard and installed new sidewalk on the west side of the street between Mission Boulevard and Galena Street. ADA -compliant ramping was provided at all intersections along the project and an enhanced crosswalk was developed at the intersection of Pyrite Street and Cassidy Circle. On -street parking was modified to create pick-up/drop off zones with clear areas around the crosswalks to improve pedestrian safety and visibility. The added curb and gutter connected to the existing storm drain system, allowed for regular street sweeping, provided for a clear, dry walkway for students going to and from school, and defined bike lanes to encourage more bicycle use. The Road Diet reduced the number of through lanes to one each way and provided bicycle lanes with buffer areas between the bike lanes and auto lanes, a median turn lane, and better defined on -street parking/loading areas. Staff: Steve Loriso, QSD/QSP; Chase Keys, PE; Trent MacDonald; Monica Pangco, EIT Old Town Streetscape Improvement Project City of Placentia H RGreen
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2.6 Project Understanding and
Approach
2.6 Project Understanding and Approach
HR Green has a long history of assisting municipal clients with their infrastructure projects from the conceptual study phase through design and into construction. Old Town Placentia is in need of streetscape improvements for pedestrians, bicyclists and vehicles. The proposed improvements for Bradford Avenue and Santa Fe Avenue are essential in this area. HR Green has the experience needed making us an excellent choice for your streetscape design needs.
Placentia Public Library
This project is located in Old Town Placentia, specifically Santa Fe Avenue from Murray Street to Bradford Avenue and Bradford Avenue from Santa Fe Avenue to Chapman Avenue
including several alleys throughout and a small portion of Chapman Avenue near Bradford Avenue that will include
new raised landscaped center medians. This area is rich with mom-and-pop shops and restaurants. It is the heart of the City's historic core and home to the public library, Old Placentia City Hall, Fire House Station 1, and a train depot with residential homes sprinkled throughout. New improvements for this area will be designed in accordance with the City's adopted Old Town Placentia Streetscape Master Plan with the understanding that one of the two alternative designs may be incorporated into the improvements to completely close off Santa Fe Avenue from Main Street to Bradford Avenue to allow for permanent outdoor seating.
Our understanding for the following scope of services is based on the Master Plan, but further refined by the exhibit prepared by HR Green on 2/15/23 and clarified by the City on 2/27/23. 1493
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New ADA curb ramp - Chapman and Bradford Avenues
Sidewalks
Providing wider sidewalks will create a more welcoming
environment and encourage patrons to stroll and explore other businesses. In order to do this some of the
properties along Bradford Avenue will need to have offsite improvements done to re-establish the existing irrigation where grass extends beyond the right-of-way. HR Green
can address this issue by providing direction on the
construction plans.
Placentia Firehouse Station #1
Americans with Disabilities Act
The addition of ADA curb ramps will give the community
a usable path for all. However, some corner ramps will
create a challenge with the presence of existing utilities and limited space. HR Green has extensive experience
in designing ramps in tough spaces. We will start with
gathering field data, then researching right-of-way, and then obtain survey data to design the optimum ramp. HR
Green will also research existing utilities to make sure Old Town Streetscape Improvement Project 1 City of Placentia
that any conflicting utility facilities are still in use, and will coordinate any relocations as a last resort.
Street Lighting and Bike Lanes
The addition of street lighting will benefit all by making pedestrians and bicyclists more visible. Dedicated bike lanes will create safer routes for both bicyclist and drivers.
HR Green has designed miles of bike lanes for the City
of Hemet, Rancho Cucamonga, and Claremont to name a
few. Our striping plans will consider all factors for bicyclist safety, and we will collaborate closely with the City to meet any City preferences.
Bulb Outs
Proposed bulb outs are a brilliant way to force drivers to be aware of their surroundings and hopefully preventing vehicle involved accidents. However, sometimes drainage can be an issue if the street is very flat. The existing drainage in this area is mostly sheet flow. Stormwater
flows south on Bradford Avenue and stormwater on Santa
Fe Avenue flows west. HR Green's approach will be to
keep the same drainage pattern but take the opportunity to address any drainage issues and improve the existing pavement.
Off -Street Parking
The proposed improvements for off-street parking lots
and alleys are crucial to this area, especially with the recent changes allowing for outdoor seating utilizing
vital parking space. The existing alleys are asphalt and slope to the center into a ribbon gutter that drains into an inlet. However, the north side of the alley is at a higher elevation than the south side, which may create an issue with trying to incorporate diamond pattern score lines and keeping the same drainage pattern. HR Green will start
by looking at any drainage information that the city can provide before coming up with a functional design that will accommodate any drainage issues.
Pavement Rehabilitation
With the assistance of our Geotechnical team to provide us with pavement recommendations, HR Green will
provide the City with optional pavement design profiles for Bradford Avenue, Santa Fe Avenue and alleys to fit within construction cost.
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Alleyway and parking lot off of Bradford Avenue
Conclusion
It is understood that after nine months from the Notice to Proceed the City expects to receive all bid -ready
engineered street improvement plans, bid and technical
specifications, and engineer's estimate. Prior to final design our team will obtain from City staff the preferred alternative for the 100 block of Santa Fe Avenue (Main
Street to Bradford Avenue). The current options are the full closure of the block or various options of a one-way roadway. We will then coordinate with City staff and
other stakeholders to refine the preferred alternative
and incorporate that within our design plans. HR Green
understands that a geotechnical analysis will be required, but right-of-way acquisition nor an environmental report are anticipated for this project. A local hydrology and hydraulic analysis will be completed to address the
drainage issues potentially caused by the project and will coordinate with the Storm Drain Master Plan currently
being prepared by the City. A traffic study will also be completed, including new traffic counts, to assess the
impact of the proposed medians on Chapman and the
street width reduction on Santa Fe and Bradford.
The City can rest assured that with HR Green we have
the time and man power to not only provide you with
an excellent design but also be there for the City to
provide construction support services during the bid and construction phases.
Due to our thorough walk-through of the existing
project site(s) and the proposed scope of work, we
have developed a "Representative Key Elements
Map" on the next page to highlight a just a few of the
considerations of this project.
Old Town Streetscape Improvement Project City of Placentia
Representative Key Elements Map - old Town Placentia Streetscape Improvement Project Iiia
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Old Town Streetscape Improvement Project 1 City of Placentia 1 2
3 4
5 6
1 KEY CONSIDERATIONS
Pavement Rehabilitation on both
Bradford Avenue and Santa Fe
Avenue
Proposed locations where ADA
ramps may be challenged with
limited right-of-way and/or the
presences existing utilities
New ADA compliant driveways
Irrigation re-establishment for
yards where sidewalk widening will
take place
New catch basin needed
Steep pedestrian sidewalk on
Santa Fe Avenue requires handrail
7 Guy wires may interfere with
proposed landscaping
8 Traffic signal modifications to
accommodate bicycle crossings at
intersections
9 Root trimming prior to setting
new sidewalks to help prevent
sidewalk uplifting
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2.7 Scope of Work
PHASE 1 — PROJECT MANAGEMENT AND
COORDINATION
Upon receipt of the Notice to Proceed, a project kick-off meeting will be held to provide an opportunity for the HR Green design team and City Staff to discuss the goals of the City and the project requirements. Minutes of this and all subsequent meetings will be prepared documenting
subjects discussed, decisions made, along with actions
items and their responsible party.
Progress meetings will be held monthly (or another
frequency as determined by City staff) to discuss design, compare cost estimates with available budgets, and to
obtain City feedback/approval on progress made. Progress reports will be prepared monthly to update City staff
throughout the design process.
In addition, we will also coordinate with other affected stakeholders.
Deliverables:
► Meeting agendas/minutes
► Monthly progress reports
► Design schedule/schedule updates
► Invoicing
PHASE 2 — UTILITY COORDINATION
HR Green is a member of the USA Dig Alert design
service, from which we can download contact information to obtain plans of existing utilities within the project limits.
If the City also maintains a list of utility contacts HR Green will combine that information with what is provided via Dig Alert to complete a comprehensive list of contacts.
HR Green will contact this list of potentially affected utilities early in the project using the City's standard utility letter format. If the City does not have a preferred format, HR Green will provide a sample for the City's review
and approval. It is important to gather utility information as early as possible to complete the base mapping for
the project. All utilities will be shown on the proposed improvement plans.
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A total of three utility notification letters will be sent out through the course of the project:
► 1st Letter — Shortly after the Notice to Proceed is issued requesting utility information
► 2nd Letter — After the completion of the 65% plans to confirm proper location of existing facilities and serve as a "Notice to Prepare to Relocate" if deemed necessary
► 3rd Letter — After completion of 100% plans and serve as the "Notice to Relocate Immediately" if deemed
necessary
Copies of all communication with the utility companies
and the utility disposition matrix will be kept throughout the project and will be submitted to the City with each progress submittal.
Existing utilities in alleyway at Aguirre Lane
Deliverables:
► Utility notification letters with necessary attachments ► Copies of all utility correspondence
► Utility coordination matrix
PHASE 3 — DATA COLLECTION
Task 3.1 — Document Research
HR Green will work with City staff to obtain all readily available as -built plans and record maps to aid in the drawing of the project base maps. If as -built plans are unavailable high resolution aerial imagery will be used in its place.
Old Town Streetscape Improvement Project City of Placentia
Task 3.2 — Topographic Survey
Field topographic survey will extend from ROW to ROW
along both Bradford Avenue and Santa Fe Avenue as
well as the affected alley ways in support of engineering design to include 50' x -section intervals along pavement, together with locating features including but not limited to, utility covers, catch basins, pavement limits, curb ramps, driveways, curb and gutters, sidewalks, streetlights and poles, power poles, traffic signs, fences/walls, gates etc.
Aerial topographic survey will also be collected to cover the entire project area/neighborhood.
An engineering base map and right of way map will be
prepared with adjacent parcel lines to include the results of the field survey with 1' contour intervals at 20 -scale.
Task 3.3 — Field Reconnaissance
After the completion of the project base map, HR Green
will perform a thorough field review to gain a good
understanding of the existing conditions and verify the accuracy of the base maps. The field work will also
identify any areas of failed curb/gutter, sidewalk, driveway approaches and AC pavement.
Our certified access specialist will join the design team on this field review in order to identify any potential ADA issues that should be addressed in the design. They
will also point out and report to the City any potential opportunities to improve the overall accessibility of the project area.
Existing pavement conditions on Bradford Avenue
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Task 3.4 — Geotechnical Investigation
The intent of the project is to rehabilitate the existing AC pavement on both Santa Fe Avenue and Bradford Avenue
while, reconstruct the alley ways with PCC, and provide permeable pavers in multiple areas. A total of six (6)
borings are included with our scope of services which will also include infiltration testing. Handheld GPS equipment will be used to locate the borings and submitted for review by City staff. Once the proposed boring locations are
approved, we will begin the geotechnical investigation
along the project route.
The proposed borings will be drilled to a depth of five feet for or auger refusal. Field boring logs will be prepared as part of the standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Final boring logs will then be prepared
representing the Geotechnical Engineer's interpretation and include modifications based on observations and
laboratory tests.
Infiltration tests will use percolation test methods. Upon completion of drilling and sampling, a 2 -inch thick layer of gravel will be placed in the bottom of the percolation test borings. A 3 -inch diameter PVC pipe will be installed on top of the gravel layer in each boring. Gravel will be used to backfill between the pipes and the boring sidewall.
The borings then will be filled with water for the minimum pre-soak period. At the beginning of each test, the pipes will be refilled with water and readings will be taken at a standardized time interval based on County of Orange
procedures.
All borings will be backfilled with cuttings and any
removed base. Dyed slurry will then be applied in lieu of asphalt patch.
Traffic control will be required during field activities utilizing the WATCH Manual. This includes submitting to the City the no -fee encroachment permit application.
The project engineer will review field data and assign
laboratory tests to understand the engineering properties of various soil and rock strata. Exact types and number of tests cannot be defined until completion of fieldwork. The anticipated laboratory testing may include the following:
► Grain size analysis
► Water content
► Unit dry weight
Old Town Streetscape Improvement Project City of Placentia
► Chemical analyses — pH, sulfates, chloride ion, electrical resistivity
► R -Value Test
Our laboratory testing program often includes examination of soil samples by an engineer. Based on the material's texture and plasticity, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS).
Results of our field and laboratory programs will be
evaluated by a professional engineer.
The Geotechnical Report will provide the following:
► Boring logs with field and laboratory data
► Stratification based on visual soil (and rock)
classification
► Groundwater levels observed during and after the
completion of drilling
► Site Location and Exploration Plans
► Subsurface exploration procedures
► Description of subsurface conditions
► Recommended pavement rehabilitation options
► Subgrade preparation/earthwork recommendations
► Infiltration test results
Task 3.5 — Traffic Study / Capacity Analysis
HR Green will first obtain new traffic counts at the 7
project intersections. These will include 24 -hr turning movements counts for two weekdays and a Saturday. A
model of the existing study corridors will be developed utilizing Synchro/Sim Traffic traffic modeling software for three individual time periods: Midweek AM peak hour,
Midweek PM peak hour, and Saturday peak hour. A model
will also be developed for those same time periods for the proposed conditions. Measures of effectiveness (MOEs)
will be obtained for existing conditions and build concept conditions including intersection LOS and 95th percentile queue length by movement, etc. No future traffic
projections will be forecasted.
Task 3.6 - Local Hydrology & Hydraulics Analysis
A local hydrology and hydraulics analysis and study will be completed for the project limits on Santa Fe and Bradford.
Tributary areas and outlets will be included in the analysis.
This study will analyze the impacts of reducing the
roadway widths and provide recommendations for drainage 1493
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improvements including additional storm drain inlets and up-sizing existing inlets within the project limits.
Task 3.7 - Photometric Study
A lighting photometric study will be prepared to ensure proper spacing, height, and coverage of proposed street/ pedestrian lighting.
Deliverables:
► CAD base plans
► Field evaluation memo
► Geotechnical design report
► Traffic Study / Capacity Analysis
► Local Hydrology and Hydraulics Analysis and Memo
► Photometric Study
PHASE 4 —PRELIMINARY DESIGN (35%)
Task 4.1 — 35% Prelimiary Improvement Plans
The preliminary improvement plans will show limits of
improvements and horizontal layout of those improvements including pavement rehabilitation and alley paving, raised medians, areas of off-site improvements, sidewalk
widening, driveway replacement, bulb outs, catch basin
replacement, and ADA access ramp replacement. ADA
access ramps to be replaced shall reference either
Caltrans or Standard Plans for Public Works Construction (SPPWC) and a detailed design will not be completed
unless site conditions/constraints necessitate it. Separate signing and striping sheets will also be included in the plan set for both Bradford Avenue and Santa Fe Avenue.
The HR Green team will thoroughly review the City's
Master Plan for Old Town Placentia and confer with City staff to assure all areas of concerns are identify within the project.
Task 4.2 — 35% Preliminary Opinion of Probable
Construction Cost
A high-level conceptual cost estimate will be provided to the City to determine if the proposed improvements fall within the appropriated budget.
Deliverables:
► 35% preliminary improvement plans
► 35% preliminary opinion of probable construction cost Old Town Streetscape Improvement Project 1 City of Placentia
PHASE 5 — RIGHT-OF-WAY
Task 5.1 - Right -of -Way Requirements Map
HR Green will prepare Right -of -Way Plans, which will
be separate drawings from those used for design
and construction details. The Right -of -Way Plans will show alignment, removal of improvements, drainage
facilities, property lines and ownership, other land
survey information, and existing right of way/known
easements. We will also include plan details, which will require additional right of way or easements during the construction phase of the project such as grading limits, temporary erosion control, etc. Right -of -Way Plans
include title sheet, typical sections, and plan view only sheets. Areas of new right-of-way, permanent easements
and/or temporary easements required from each individual property owner will be shown in tabular form on the
respective sheets.
Task 5.2 - Preparation of Legals and Plats
HR Green's subconsultant, Kelsoe, will provide the
following:
► Review any provided title and deed doocuments as well as recorded maps of subject parcel.
► Prepare legal description and plat of right-of-way or temporary construction easement area designated by
City/Engineer to be dedicated.
► Provide to the City for review and approval.
This task assumes the preparation of up to 10 legal
descriptions and plats.
PHASE 6 — PLANS, SPECIFICATIONS AND
ESTIMATE (65%, 100% AND FINAL)
Task 6.1 — Improvement Plans
After City approval of the preliminary plans, HR Green will proceed with the preparation of 65% plans. These plans
will include pavement rehabilitation, alley improvements, areas of curb/gutter, sidewalk, drive approach
replacements, locations of ADA access ramps to be
replaced, bulb out design, median hardscape replacement/ modifications, bike lanes, landscape improvements,
street lighting/electrical improvements and traffic signal improvements. ADA access ramps to be replaced shall
reference either Caltrans or the Standard Plans for Public Works Construction (SPPWC) with the exception of
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due to limited right-of-way and/or the presence of existing utility facilities. Improvements to the drainage design will also be addressed and shown on the plans with relevant
details if necessary. Some construction notes may still need to be added, but the design will be substantially
complete. The 65% plan set will be provided for additional City comments.
After receiving comments on the 65% set we will move
forward with the 100% design. This set will address any comments from the City on the 65% plans and will include all required notes and any additions or modifications to details. Structural details will be included as necessary to account for the design of lighting foundations and retaining walls where standard plans may not be appropriate.
HR Green will also provide the backup calculations to
accompany those details. All final comments will then be addressed, and the final signed and sealed plan set will be provided for City approval and signatures.
The improvement plans will include the following sheets:
► Title sheet
► Index sheet
► Typical sections
► Details (including structural as -needed)
► Demolition sheets
► Street and Alley improvement sheets (plan and profile) ► Parking Lot 'A' improvement sheet (plan view only)
► Lighting and electrical sheets
► Traffic signal sheets
► Signing and striping sheets
► Landscape and irrigation sheets
Our certified access specialist will also aid in our QA/QC process to ensure our proposed improvements all meet
ADA regulations and the project provides for an accessible community for all.
Task 6.2 — Contract Documents
HR Green will prepare draft contract documents using the City's template and reference the Standard Specifications for Public Works Construction (SSPWC) for inclusion in the 65%, 100% and final submittal. Any comments from the
City on the draft contract documents will be addressed
and the final signed and sealed contract documents will be provided for City approval and signature.
Old Town Streetscape Improvement Project City of Placentia
Task 6.3 — Opinion of Probable Construction Cost
HR Green will prepare a preliminary cost estimate for
inclusion in the 65% submittal. Any comments from the
City will then be addressed and a 100% cost estimate will be provided for final comment. All final comments will then be addressed, and the final cost estimate will be provided.
Deliverables:
► 65%, 100%, and final improvement plans
► 65%, 100%, and final contract documents
► 65%, 100%, and final cost estimates
Final plans will be provided at appropriate scales on 24" x 36" signed and stamped bond sheets, a PDF, and the
AutoCAD .DWG. Specifications will be provided as a
signed and stamped hard copy in addition to the word
document. The final cost estimate will be provided as both a hard copy and the Excel document.
Note: The Contract documents are generally
prepared in accordance with the provisions of
the Standard Specifications and Standard Plans
for Public Works Construction ("Greenbook');
Placentia standard construction agreement; "boiler
plate" contract document; City standard plans;
and Caltrans standard plans and specifications as
appropriate.
1493
HRGreen®
PACIFIC
PHASE 7 — BIDDING ASSISTANCE AND
CONSTRUCTION SUPPORT
HR Green will be available for any bid period assistance and to provide any clarification on the design plans
during bidding, including the preparation of any addenda required.
We will provide design clarification services, as necessary, during construction. Our team would be available to
respond to any RFIs received from the contractor during construction, review submittals, show drawings, change
order requests, as well as performing site visits as
required.
Our team will attend the pre -construction meeting with the contractor and City and prepare as -built record drawings based on the red line markups provided by the contractor at the completion of construction.
This task includes up to 120 staff hours.
Deliverables:
► Addenda as required
► Construction stage reviews (RFI's, Submittals, Shop
drawings, etc.)
► As -built record drawings
Exclusions:
► Exclusions as noted within fee proposal
Old Town Streetscape Improvement Project City of Placentia
L
l
2.8 Schedule
2.8 Schedule
IID Task Name Duration Start
1 h1YYh1i u44L11i_W111r44i►4i@di1i441 1 I l
2 4:101Viilul_LL[c141a14L1i_LIDION:I11Ii12UGIk
44 6
7 TILITY COORDINATION
r ATA COLLECTION
8 9
10 11
12 Existing Document Research
Topographic Survey
Field Reconnaissance
Geotechnical Investigation
10 days
40 days
5 days
45 days
Mon 4/24/23
Mon 4/24/23
Mon 4/24/23
Mon 4/24/23
Mon 6/26/23
Mon 4/24/23
Finish
I2nd Quarter 3rd quarter j (4th Quarter 11st Quarter Feb Mar Aor M3� Jun Jul a SeNR�'1�Oct tiny De Jan eMar
4 24 • CITY OF LACE CE d�0:EED
Fri 11/24/23
Fri 6/30/23
Fri 5/5/23
Fri 6/16/23
Fri 6/30/23
Fri 6/23/23
PRELIMINARY DESIGN (35%)
40 days Mon 6/19/23 Fri 8/11/23
13 14
15 35% Plans and Cost Estimate
Submit 35% Package to Placentia
City of Placentia Plan Check
RIGHT-OF-WAY
16 17
Right -of -Way Requirements Map
30 days Mon 6/19/23 Fri 7/28/23
0 days Fri 7/28/23 Fri 7/28/23
10 days Mon 7/31/23 Fri 8/11/23
90 days Mon 8/14/23
Fri 12/15/23
10 days Mon 8/14/23 Fri 8/25/23
Preparation of Legals and Plats 20 days Mon 8/28/23 Fri 9/22/23 18 19
20 City of Placentia Acquisition of TCEs 60 days Mon 9/25/23 Fri 12/15/23 eJrS. .44.5.E_161J SedD4761Ld1►;0 :1',II',ui�ld
X11 i��r�:t ii ��Y4C,✓Ir� J ✓•.i irk iYiC�
65% PS&E 35 days Mon 8/14/23 Fri 9/29/23
21 22
23 24
Submit 65% Package to Placentia
City of Placentia Plan Check
100% PS&E
Submit 100% Package to Placentia
25 26
27 City of Placentia Plan Check
FINAL PS&E
Submit FINAL Bid Package to Placentia
Client: City of Placentia
Project: Old Town Streetscape Improvements
Date: 3/22/2023
HRGreenr
PACIFIC
0 days Fri 9/29/23 Fri 9/29/23
15 days Mon 10/2/23 Fri 10/20/23
23 days Mon 10/23/23 Wed 11/22/23
0 days Wed 11/22/23 Wed 11/22/23
10 days Mon 11/27/23 Fri 12/8/23
9 days Mon 12/11/23 Thu 12/21/23
0 days Thu 12/21/23 Thu 12/21/23
1 7/28 • Submit 35% Package to Placentia
•
2nd Quarter3rd quarter
Aor ) Mav Jun Jul 1 Aun 1
9/29 • Submit 65% Package to Placentia
11/22 , Su mit 100% Package to Placentia
•
12/21 Submit FINAL Bid Package to Placentia
Manual Task Manual Milestone • Manual Summary Rollup Manual Progress Old Town Streetscape Improvement Project
City of Placentia
.Resui •s P ss. .i
3. Required Proposal Statements
A. HR Green will perform the services as described in the City's RFP and in our Response.
B. HR Green does not object to our proposal being made public, concurrent to the State of California Public Records Act, if chosen for this project.
C. HR Green will make all attempts to keep the team in place that we have presented in our RFP Response. If a change becomes necessary, HR Green will reach out to the City and get approval on replacement staff.
D. To the best of our understanding, we have no Conflicts of Interest with the City of Placentia.
E. There has been no Collusion with other proposing firms for our Response to the City's RFP. 1493
HRGreen®
PACIFIC
Old Town Streetscape Improvement Project City of Placentia
. Proposed Exce s ion
5. Proposed Exceptions
HR Green does not take any exceptions to the proposed contract. 1493
HRGreen®
PACIFIC
Old Town Streetscape Improvement Project 1 City of Placentia
6. Resource Allocation
PHASE 4 PRELIMINARY DESIGN (35%)
HR GREEN - RESOURCE ALLOCATION MATRIX
PROJECT NAME: OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT PROJECT NUMBER: 2202312
CLIENT: CITY OF PLACENTIA
CLIENT CONTACT: LUIS ESTEVEZ
PROJECT MANAGER: CHASE KEYS
TASK DESCRIPTION OF TASK
Utility Notification Letters (3)
Plot Existing Utilities
Utility Potholes (Up to 10)
COLLECTION
Hartnett, Timothy
Wieske, Derek
Keys, Chase
Jahn, Bnan
PIC 1 QA/QC
SR PROJ
MGR
SR ENGR
Blonn, Phil
Flores, Desiree
Gasifies, Art
7SR ENGR PROJ
ENGR ENGR
Keevan, Sam
Deming, Cole
Pangco, Monica
Ann
MacDonald, Trent
MacDonald,
Jeanne
._—
I W1
HRGreenw
PACIFIC
STAFF
ENG ENGR ENGR
SR. DESIGN
TECH
DESIGN
TECH
TOTAL HOURS
BY TASK
2 8
12 40
22 40
0 3.1 Existing Documentation Research
3.2 Topographic Survey
3.3 wield Reconnaissance
3.4 .....Geotechnical Investigation
3.5 Traffic Study / Capacity Analysis
3.6 Local Hydrology & Hydraulics Analysis
3.7 Photometric Study
4 1 Preliminary Improvement Plans
4.2 Title Sheet
Index Sheet
Typical Sections
Demolition Sheets
Street Improvement Sheets (Play View Layout Only)
Signing and Striping Sheets
Preliminary EOPC
PHASE 5 RIGHT-OF-WAY
r
5.1 Right-of-way Requirements Map
5.2 Legals and Plats (Assumes 10 TCEs)
PHASE 6
6.1 Improvement Plans
Title Sheet
Index Sheet
Typical Sections
Details (Including Structural as -needed)
Demolition Sheets
Street and Alley Improvement Sheets
Parking Lot 'A Improvements
Lighting and Electrical Sheets
Traffic Signal Sheets
Signing and Striping Sheets
Landscape, Irrigation, and Site Amenity Sheets
6.2 ,contract Documents
6.3 AEOPC
Field check with client
TI I N S PPORT
HRGreen®
PACIFIC
16 2
2 8
4 2
80 8
4 4
16 4
40 40
16 6
1 20 20 16
2 40
28 80 40
8 4
10 20
n
32 38 100
40 104
148 240 192
8 18 18
2 8 4
6 6
1 1 1
0 6
48 6
88 92
2 244
0 0
0 0
0 0
14 20
10 894
0 0
0 0
0 0
0 0
0 0
0 44
14 12
Old Town Streetscape Improvement Project
City of Placentia
HRGreen®
PACIFIC
TRANSPORTATION
+
WATER
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
DHRGREEN.COM
HRGreen®
PACIFIC
City of Placentia
COST PROPOSAL FOR
Professional Engineering Design Services for the Old Town Placentia Streetscape Improvement Project
MARCH 23, 2023
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Chase Keys, PE
1260 Corona Pointe Court 1Suite 305
Corona, CA 92879
Direct 951.475.3613
[email protected]
6. Cost Proposal
d
a
•
•
HR GREEN - FEE PROPOSAL
PROJECT NAME: OLD TOWN PLACENTIA STREETSCAPE IMPROVEMENT PROJECT PROJECT NUMBER: 2202312
CLIENT: CITY OF PLACENTIA
CLIENT CONTACT: LUIS ESTEVEZ
1 PROJECT MANAGER: CHASE KEYS
I_I
TOTAL HOURSL
COST PER HOUR/UNIT (CHARGE -OUT RATE)
TOTAL LABOR COST
TOTAL PROJECT COSTSI $ 326,810.00 $ 1,493.00 $ 280,291.00 $ 608,594.00
TASK DESCRIPTION OF TASK
Labor Task Total
ODC Task Total
12 I 96 I 230 I 198 I 10 I 44 I 330 I 42 I 42 I 246 I 410 I 292 $ 295.00 $ 215.00 $ 215.00 $ 225.00 $ 225.00 $
$ 3,540.00 $ 20,640.00 $ 49,450.00 $ 44,550.00 $ 2,250.00 $ 8,580.00 $ 57,750.00 $ 6,930.00 $ 5,880.00 $ 29,520.00 $ 65,600.00 $ 32,120.00 195.00 $ 175.00 $ 165.00 $
140.00 $ 120.00 $ 160.00 $ 110.00
% OF TOTAL LABOR COST
Subs Task Total
Task Total
Utility Notification Letters (3)
Plot Existing Utilities
Utility Potholes (Up to 10)
3.1 JExisting Documentation Research
3.2 Topographic Survey
3.3 ,Field Reconnaissance
3.4 ."Geotechnical Investigation
3.5 3.6
3.7 Traffic Study / Capacity Analysis
Local Hydrology & Hydraulics Analysis
Photometric Study
PHASE 4 PRELIMINARY DESIGN (35%)
4.1 "'Preliminary Improvement Plans
Title Sheet
Index Sheet
Typical Sections
Demolition Sheets
Street Improvement Sheets (Play View Layout Only)
Signing and Striping Sheets
4.2 Preliminary EOPC
HASE 5 RIGHT-OF-WAY
5.1 Right-of-way Requirements Map
5.2 6.1
Legals and Plats (Assumes 10 TCEs)
Improvement Plans
Title Sheet
Index Sheet
Typical Sections
Details (Including Structural as -needed)
Demolition Sheets
Street and Alley Improvement Sheets
Parking Lot 'A' Improvements
Lighting and Electrical Sheets
Traffic Signal Sheets
Signing and Striping Sheets
Landscape, Irrigation, and Site Amenity Sheets
6.2 /Contract Documents
6.3 "EOPC
Field check with client
Exclusions
Storm Drain Plans
Railroad Coordination and Permitting
Smart Parking Systems
Gateway Arch Designs
Plaza Design
Plaza Entry Arch Design
EV Charging Stations
Traffic Control Plans
Erosions Control Plans, WQMP, SWPPP
Design for Alley between Main and Bradford S/o Santa Fe Permit or Other Agency Fees
Future Year Traffic Projections
HRGreen®
PACIFIC
$
$
3,150.00
4,400.00
$ 16,500.00
$ 3,150.00
$ 4,400.00
$ 16,500.00
0 $
1,360.00
1,130.00
8,160.00
1,130.00
19,720.00
14,860.00
430.00
$ 37,400.00
$ 65.50 $ 2,750.00
$ 36,520.00
$ 9,240.00
$ 4,752.00
$ 1,360.00
$ 38,530.00
$ 10,975.50
$ 37,650.00
$ 28,960.00
$ 14,860.00
$ 5,182.00
0 $
$
39,760.00
$ 2,470.00
$ 39,760.00
el
$ 2,470.00
5,350.00 $
3,200.00
2,150.00
$ 11,000.00
6,350.0
$ 3,200.00
$ 13,150.00
298,529.7
$
$
140,830.00
7,030.00
2,470.00
2,340.00
$ 1,100.00
$ 141,930.00
$ 2,750.00 $ 2,750.00
$ 59,169.00 $ 59,169.00
$ 74,558.00 $ 74,558.00
$ 7,030.00
$ 2,470.00
$ 32.75 $ 2,372.75
Old Town Streetscape Improvement Project
City of Placentia
0.010831982 0.063155962 0.151311159 0.136317738 0.006884734 0.026253787 0.176708179 0.021204981 0.017992106 0.090327713 0.200728252 0.098283406 _ Hartnett, Timothy
Wieske, Derek
Keys, Chase
Jahn, Brian Blonn Phil
Flores, Desiree
Castllas, Art
Keevan, Sam Deming, Cole
Pangco, Monica
Ann
MacDonald, Trent
MacDonald,
Jeanne
11 PIC
QA/QC
SR PROJ
MGR
SR ENGR I SR ENGR
PROJ
ENGR
PROJ
ENGR
7GPRO STAFF
ENENGR
ENGR
SR. DESIGN
TECH
DESIGN
TECH
2 8
12 40
16 2
2 8
4 2
80 8
4 4
16 4
40 40
16 6
28 20 20 16
2 40
8 28
80 4
40 20
10 20
MPI
32 38 100
40 104
8 18
2 8
6 6
148 240 192
18 4
1952
$ 0.66
Mileage Auto
Unit Total
10%
EXPENSES
Reimbursables
Total
10%
Sub
Contractor
Total
100
15,000.00
HRGreen®
PACIFIC
Il
Subcontractors
TBD
34,000.00 _ Kelsoe
2,500.00 BJ
33,200.00 Terracon
8,400.00 Counts Unlimited
4,320.00 _ STC
10,000.00
•
•
1 •
1 •
50 This cost proposal has been approved by HR Green's Vice President and Prinicipal-in-Charge, Timothy Hartnett. 1,000 00
2,500.00
Kelsoe
BJ
53,790.00 STC
67,780.00 VDLA
HRGreen®
PACIFIC
TRANSPORTATION
+
WATER
+
GOVERNMENTAL SERVICES
+
LAND DEVELOPMENT
+
ENVIRONMENTAL
+
CONSTRUCTION
DHRGREEN.COM
A� oI CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
03/28/2023
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). 1-800-300-0325 !NAME ACT Ashley Hampsher
(A/CC.NN . Ext): 319-896-7664 (A/C.X
No):
IE-MAIL
ADDRESS:
PRODUCER
Holmes Murphy & Associates - CR
201 First Street SE, Suite 700
Cedar Rapids, IA 52401
INSURED
HR Green Pacific, Inc.
1260 Corona Point Court
Suite 305
Corona, CA 92879-5013
COVERAGES CERTIFICATE NUMBER: 68204858
INSURER A :
INSURER B :
I INSURER C :
I INSURER D :
I INSURER E :
I INSURER F :
[email protected]
INSURER(S) AFFORDING COVERAGE
Zurich American Insurance Company
Travelers Property Casualty Company of
XL SPECIALTY INS CO
REVISION NUMBER:
NAIC #
16535
25674
37885
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR MSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIALGENERALLIABILITY GL0373096713 01/01/23 01/01/24 EACH OCCURRENCE
CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT
OTHER:
A AUTOMOBILE LIABILITY
X
X
B
A
X ANY AUTO
OWNED
AUTOS ONLY
X HIRED
AUTOS ONLY
X UMBRELLA LIAB
EXCESS LIAB
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
OCCUR
CLAIMS -MADE
DED X RETENT ON$ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C Professional Liability
(Claims Made Coverage)
YIN
N
N/A
BAP373096813
CUP8S97473323NF
WC373096613
DPR5006485
01/01/23 01/01/24
01/01/23 01/01/24
01/01/23 01/01/24
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
x PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
01/01/23 01/01/24 Per Claim
Aggregate
2,000,000
300,000
10,000
2,000,000
4,000,000
4,000,000
2,000,000
10,000,000
10,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
5,000,000
10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) HR Green Pacific, Inc. Project Number: 180054 and City of Placentia, CA Project Number: 9202 The City of Placentia and its elected and appointed boards, officers, officials, agents, employees and volunteers are included as Additional Insureds on the General Liability and Auto Liability on a primary and non-contributory basis as required by written contract with the insured, per policy terms and conditions. The Workers Compensation includes a Waiver of Subrogation in favor of the additional insureds as required by written contract with the insured, per policy terms and conditions.
CERTIFICATE HOLDER
City of Placentia
401 E. Chapman
Placentia, CA 92870
ACORD 25 (2016/03)
ahampsher-cr
68204858
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
USA
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: BAP 3730968-13 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: HR GREEN PACIFIC, INC.
Endorsement Effective Date:
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ,vuDITIONAL IIVJUKCu STATUS ON A
PRIMARY, NON-CONTRIBUTORY BASIC IN A WRITTEN CONTRACT OR WRITTEN
AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II — Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section 1 — Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA20481013
© Insurance Services Office, Inc., 2011 Page 1 of 1
Additional Insured — Automatic — Owners, Lessees Or
Contractors
Policy No.
GL0373096713
Eff. Date of Pol.
01/01/2023
Exp. Date of Pol.
01/01/2024
Eff. Date of End.
Producer No.
37-179-000
Add'I. Prem
ZURICH
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: HR GREEN PACIFIC, INC.
Address (including ZIP Code):
1260 Corona Point Court
Corona, CA 92879
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
Return Prem.
A. Section II — Who Is An Insured is amended to include as an additional insured any nPrsnn or organization whom you are requirea to aaa as an aaaitionai insurea on this policy unaer a written contract or written agreement. Such person or organization is an additional insured 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 or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.
U -GL -1175-F CW (04/13)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; 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 of this policy remain unchanged.
U -GL -1175-F CW (04/13)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Policy Number: WC373096613
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT --
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 0 % of the California workers' compensation pre- mium otherwise due on such remuneration.
Person or Organization
ANY PERSON OR
ORGANIZATION FOR
WHOM YOU ARE
REQUIRED BY WRITTEN
CONTRACT OR
AGREEMENT TO
OBTAIN THIS
WAIVER OF RIGHTS
FROM US.
Schedule
Job Description
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84) Page 1 of 1
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
APRIL 4, 2023
AGENDA REPORT
SUBJECT: ACQUISITION OF REAL PROPERTY CONSISTING OF A SINGLE PARCEL LOCATED AT 207 WEST CHAPMAN AVENUE (APN 339-033-21) OWNED BY NEDRA M. CROCKER
FISCAL
IMPACT: EXPENSES: $916,500 PURCHASE OF 207 W. CHAPMAN AVENUE FUNDING: $916,500 HOUSING SUCCESSOR AGENCY (530000-6720) SUMMARY:
The property located at 207 West Chapman Avenue (APN: 339-033-21) (the "Property") is a privately -owned property located on the northerly side of Chapman Avenue, beginning 50 feet westerly of Main Street in the City of Placentia. The Property backs to a public alley and is located immediately south of Kraemer Memorial Park. The subject property contains 11,000 gross square feet of land area. The Property is within the C1 (Neighborhood Commercial) zone district of the City and served as a 1,698 square foot commercial building.
The Property suffered extensive fire damage on November 16, 2022. While the property owner indicated that portions of the building may be salvageable, such as the concrete foundation and various wood beams (rafters, studs, flooring, etc.), buyers/developers in the subject market would likely consider the building a total Toss, and would choose to demolish the existing building and redevelop the site with a new "ground -up" development. As such, the Property was appraised on January 30, 2023 as an effectively vacant land parcel, and the existing building represents a detriment to the underlying land value, due to costs associated with clearing the site (demolition, hauling, dump fees, etc.). After considering the various factors which influence value, the fair market value of the fee simple interest of the Property is $900,000. The Property Owner, Nedra M. Croker, has agreed to sell the property to the City for this amount. On March 21, 2023, the City Council met in closed session to discuss the terms of this purchase and authorized Staff to proceed with the purchase of this property and present the required resolutions and purchase and sale agreement for its consideration at a regularly scheduled meeting of the City Council.
The Chapman Corridor Specific Plan, which is currently underway, would encompass this Property. While the Chapman Corridor Specific Plan has not been finalized by the City Council, preliminary zoning criteria would likely permit mixed use commercial/residential development, at a density of up to 65 dwelling units per acre, for the area including the Property. As a result, a high-density affordable housing development would be considered for this Property.
1.g.
April 4, 2023
City Council Agenda
April 4, 2023
This action approves a Purchase and Sale Agreement between the City and Nedra M. Crocker for the purchase amount and half of the subsequent Broker, Escrow and Title fees associated with the land transaction for a total amount of $916,500.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Promote Community and Economic Development, under Objective #3.10, which is the Implementation of Housing Element Strategies.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. R-2023-17, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
2. Adopt Resolution No. R-2023-18, A resolution of the City Council of the City of Placentia, California, approving a Purchase and Sale Agreement with Nedra M. Crocker for real property located at 207 West Chapman Avenue and authorizing the sale of property in connection therein and, finding that the acquisition of said property is not a project for the purposes of CEQA as defined by the California Public Resources Code Sections 21065 and 21080 and14 CCR Sections15378(a) and 15004(b)(2)(A); and
3. Authorize the City Administrator to execute the necessary documents, including a certificate of acceptance as required by Government Code Section 27281 in a form approved by the City Attorney.
DISCUSSION:
On March 21, 2023, the City Council met in closed session to discuss the terms of this purchase and authorized Staff to proceed with the purchase of this property and present the required resolutions and purchase and sale agreement for its consideration at a regularly scheduled meeting of the City Council. This proposed action approves a Purchase and Sale Agreement between the City and Nedra M. Crocker for the purchase amount and half of the subsequent Broker, Escrow and Title fees associated with the land transaction for a total amount of $916,500 and authorizes the City Administrator to execute the necessary documents including a certificate of acceptance.
Staff recommends that the City Council find that the acquisition of the subject property is exempt from further CEQA review in that this action does not constitute a project for the purposes of CEQA as defined by the California Public Resources Code Sections 21065 and 21080.
Additionally, the item before the Council tonight is not a "project" subject to CEQA under 14 CCR 15378(a) because approval of the Agreement has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the purchase will result only in
City Council Agenda
April 4, 2023
a change of property ownership, with no reasonably foreseeable changes to the Property or the environment in the foreseeable future for the following reasons:
(1) All potential uses of the Property are preliminary and not binding commitments; and (2) The City Council has not adopted a resolution or otherwise formally selected the site for any specific use; and
(3) The City Council has not appropriated or otherwise authorized any expenditures toward developing or using the property for any purpose; and (4) Even though it may be reasonably foreseeable that the city may someday approve plans to use the property for affordable housing, nothing in the Agreement commits the City to a definite course of action since there are no development plans in existence.
(5) Any proposed future development of the Property would be subject to legally required CEQA review by the lead agency.
Additionally, 14 CCR 15004(b)(2)(A) provides that the City may "designate a preferred site for CEQA review and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance." This finding will also be considered by the Planning Commission on April 11, 2023. The proposed acquisition does not result in a direct or indirect change in the environment because the ultimate use and/or development of the Property has not been identified. The development of the site, if any, remains unspecified, uncertain, and undefined at this time. If and when future development is proposed for the site, by either the City or another entity, the City would review such development consistent with CEQA.
FISCAL IMPACT:
The total purchase price for the property is $900,000. The Purchase and Sale Agreement specifies that the buyer and seller would split the costs associated with the Broker, Escrow and Title fees in half. As a result, the associated land transaction for this Property for the City is a total amount of $916,500. Funding for this transaction would be paid out the Affordable Housing Fund.
Submitted by:
Reviewed and approved:
V
Jeal ^ Ortega Jennifer Lampman
t. t • the City Administrator/ Director of Finance
Economic Development Manager
City Council Agenda
April 4, 2023
Reviewed and approved: Review -d :nd approved:
Jose M. Lambert
Damien R. Arru
Director of Development Services City Administrator
Attachments:
1. Resolution No. 2023-17 - Budget Resolution
2. Resolution No. 2023-18 - Authorize the Sale
3. Purchase and Sale Agreement
4. Certificate of Acceptance
��r
RESOLUTION NO. R-2023-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2022-43, is hereby amended to adjust the following accounts as specified below:
Fund
Housing Successor
Agency
Description
Development
Impact Fees
Department
Development
Services
GL Account
530000-6720
Amount
$916,500
Type
Expense
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-17
PASSED, ADOPTED AND APPROVED THIS 4th DAY OF APRIL 2023.
Ward L. 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 4th day of April 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-2023-17
RESOLUTION NO. R-2023-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING A PURCHASE AND
SALE AGREEMENT WITH NEDRA CROCKER FOR REAL
PROPERTY LOCATED AT 207 WEST CHAPMAN AVENUE
AND APPROVING A CERTIFICATE OF ACCEPTANCE AND
FINDING THAT THE ACQUISITION OF SAID PROPERTY IS
NOT A PROJECT FOR THE PURPOSES OF CEQA AS
DEFINED BY THE CALIFORNIA PUBLIC RESOURCES CODE
SECTIONS 21065 AND 21080 AND 14 CCR 15378(a) AND 14
CCR 15004(b)(2)(A)
A. Recitals.
(i) The property located at 207 West Chapman Avenue (APN: 339-033-21) (the "Property") is a privately -owned property located on the northerly side of Chapman Avenue, beginning 50 feet westerly of Main Street in the City of Placentia. (ii) The Property suffered extensive fire damage on November 16, 2022. (iii) The Property was appraised on January 30, 2023 as an effectively vacant land parcel, and the existing building represents a detriment to the underlying land value, due to costs associated with clearing the site (demolition, hauling, dump fees, etc.) and after considering the various factors which influence value, the fair market value of the fee simple interest of the Property is $900,000.
(iv) The Property Owner, Nedra M. Croker, has agreed to sell the property to the City for $900,000.
(v) The City and Property Owner have negotiated and prepared a Purchase and Sale Agreement for the City's purchase of the property in the amount of $916,500 which includes the purchase price and half of the cost for the broker escrow and title fees associated with the land transaction.
(vi) All other legal prerequisites to the adoption of this resolution have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Placentia hereby finds, determines and resolves as follows:
Section 1. The City Council finds that the acquisition of this property is not a "project" subject to CEQA under 14 CCR 15378(a) because approval of the Agreement has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the purchase will result only in a change of property ownership, with no reasonably foreseeable changes to the Property Additionally, 14 CCR 15004(b)(2)(A) provides that the City may designate a preferred site for CEQA review Resolution R-2023-18
and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance. The City's purchase of this property is hereby conditioned upon compliance with CEQA prior to development of the property as authorized by 14 CCR 15004(b)(2)(A).
Section 2. The City Council approves the Purchase and Sale Agreement for the City's acquisition of the property at 207 W. Chapman Avenue, Placentia substantially in the form presented to the City Council and a Certificate of Acceptance as required by Government Code Section 27281.
Section 3. Pursuant to the Purchase and Sale Agreement, the City shall pay to the owner of the property at 207 W. Chapman Avenue, Placentia the purchase price of $900,000.
Section 4. The City Administrator is authorized and directed both to execute and deliver the Purchase and Sale Agreement, the Certificate of Acceptance, any standard form escrow instructions, and such other documents, and to take all other actions, as are necessary to perform the Purchase and Sale Agreement for the City's purchase of the property.
PASSED, APPROVED AND ADOPTED this 4th day of April 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-18
I, Robert McKinnell, City Clerk of the City of Placentia, do herby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 4th day of April 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-18
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the "Agreement"), dated this 4th day of April 2023, is entered into by and between City of Placentia, a California Charter City ("Buyer") and Estate of James E. Crocker ("Seller"), together the "Parties." For and in consideration of the mutual covenants and promises set forth herein, the Parties agree as set forth below, with reference to the following facts:
RECITALS
A. Seller is the owner of that certain parcel(s) of real property and associated improvements located at 207 W. Chapman Avenue. City of Placentia, California, 92870, and particularly identified in the Official Records of the County of Orange as Assessor's Parcel Number(s) 339-033-21 and as more particularly described in Exhibit A hereto, together with all rights, title and interest in and to all appurtenances and improvements located therein (collectively, the "Property").
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, on the terms and subject to the conditions contained in this Agreement.
C. The Governing Board of the City of Placentia has approved and authorized the transaction contemplated in this Agreement by way of City Council Resolution No. 2023- .
D. All other legal prerequisites to this Agreement have been satisfied, and this Agreement furthers the common benefit of the citizens of the City of Placentia.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and representations contained in this Agreement, Seller and Buyer (sometimes herein referred to individually as a "Party," and jointly as the "Parties") agree as follows:
ARTICLE I
INCORPORATION OF RECITALS
The foregoing recitals are true and correct, and incorporated as herein by the Parties as a material aspect of this Agreement.
ARTICLE II
PURCHASE AND SALE
2.1 Purchase and Sale. Pursuant to the terms and conditions contained in this Agreement, Seller hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to purchase the Property from Seller.
ATTACHMENT 3
2.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be NINE HUNDRED THOUSAND DOLLARS ($900,000) payable by Buyer to Seller in cash at the Closing.
ARTICLE III
PURCHASE PRICE AND DEPOSITS
3.1 Opening of Escrow. Within three (3) days after this Agreement is executed by both Parties, Seller and Buyer shall open an escrow ("Escrow") through Escrow32l ("Escrow Holder"), Attention: Janet Tilbury, Escrow Officer, Address: 4000 Barranca Pkwy, Suite 155, Irvine, CA 90604 ("Escrow Agent"), by delivering an executed copy of this Agreement to Escrow Agent ("Opening of Escrow"). The opening date of Escrow ("Opening Date") shall be the date on which Escrow Holder receives a fully executed copy of this Agreement. Escrow Holder shall notify the Parties in writing of the Opening Date when established.
3.2 Deposit. Within five (5) business days after the Opening of Escrow, Buyer shall deliver a deposit (the "Deposit") in the amount of TWENTY-SIX THOUSAND DOLLARS and No/Cents ($26,000.00). The Escrow Agent shall deposit the Deposit into a federally insured interest bearing account as designated by Buyer. The closing of the Escrow ("Close of Escrow") shall be in accordance with Article IV of this Agreement.
3.3 Purchase Price. The total Purchase Price for the Property shall be as set forth in Section 2.2 of this Agreement, which shall be payable by Buyer to Seller in cash ("Purchase Funds") at Closing. Notwithstanding the foregoing, Buyer may elect to pay the Purchase Price in cash at any time prior to the Closing.
3.4 Balance of Purchase Price. Upon the Close of Escrow, the amount of the Deposit shall be credited toward the Purchase Price. Buyer shall deposit with the Escrow Agent the Purchase Funds in accordance with Section 3.6. in sufficient time such that the Escrow Agent will be able to disburse the cash proceeds accruing to Seller on the Close of Escrow.
3.5 Escrow Instructions. This Agreement shall constitute joint primary escrow instructions to the Escrow Agent; provided, however, that the Parties shall execute such additional instructions as requested by the Escrow Holder not inconsistent with the provisions hereof. This Agreement and any such escrow instructions executed by the Parties shall constitute the "Escrow Instructions" for the transaction described in this Agreement. In the event of any inconsistency between the Escrow Instructions and this Agreement, this Agreement shall control the rights and obligations of the parties.
Liquidated Damages. IF THE TRANSACTION CONTEMPLATED UNDER THIS
AGREEMENT IS NOT CONSUMMATED DUE TO A BREACH OR DEFAULT OF
BUYER THAT IS NOT CURED IN ACCORDANCE WITH THIS AGREEMENT, THEN
SELLER SHALL HAVE THE RIGHT TO RECEIVE AND RETAIN THE DEPOSIT AS
LIQUIDATED DAMAGES AS SELLER'S SOLE AND EXCLUSIVE REMEDY, EXCEPT
THIS SECTION SHALL NOT LIMIT SELLER'S CLAIMS FOR ATTORNEYS' FEES UNDER THIS AGREEMENT. THE RETENTION OF THE DEPOSIT AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE 2 MEANING OF THE CALIFORNIA CIVIL CODE, BUT IS INTENDED TO
CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO THE CALIFORNIA CIVIL CODE. BUYER AND SELLER AGREE THAT (I) THE AMOUNT
OF LIQUIDATED DAMAGES IS REASONABLE CONSIDERING ALL OF THE
CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT,
INCLUDING THAT ASCERTAINING THE AMOUNT OF SELLER'S ACTUAL DAMAGES WOULD BE COSTLY AND INCONVENIENT; AND (II) THE AMOUNT OF
THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE ESTIMATE OF THE
DAMAGES TO SELLER, INCLUDING THE COST OF NEGOTIATING AND
DRAFTING THIS AGREEMENT, COSTS OF COOPERATING IN SATISFYING
CONDITIONS TO CLOSING, COSTS OF SEEKING ANOTHER BUYER,
OPPORTUNITY COSTS IN KEEPING THE PROPERTY OUT OF THE
MARKETPLACE AND OTHER COSTS INCURRED IN CONNECTION WITH THIS AGREEMENT. BUYER HAS REVIEWED THE EFFECT OF THIS PROVISION WITH
LEGAL COUNSEL AND HAS AGREED THAT SUCH DAMAGES ARE A
REASONABLE AND FAIR ESTIMATE OF THE DAMAGES SELLER WILL SUSTAIN IF AN EVENT OF DEFAULT BY BUYER OCCURS. UPON ANY BREACH OR
DEFAULT BY BUYER UNDER THIS AGREEMENT THAT HAS NOT BEEN CURED IN
ACCORDANCE WITH THE TERMS HEREOF, THIS AGREEMENT SHALL BE
TERMINATED AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR
OBLIGATIONS HEREUNDER, EXCEPT FOR THE RIGHT OF SELLER TO RECEIVE
AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES IN ACCORDANCE WITH THIS SECTION. BY INITIALING THIS SECTION IMMEDIATELY BELOW, SELLER
AND BUYER ACKNOWLEDGE THEIR APPROVAL OF THIS LIQUIDATED
DAMAGES PROVISION AND AFFIRM THEIR RESPECTIVE AGREEMENTS CONTAINED IN THIS SECTION.
Buyer's Initials Seller's Initials
3.6 Form of Payment. All money payable under this Agreement, for the Deposit, the Purchase Funds or otherwise, shall be paid in cash, by wire transfer, or by a cashier's check or certified check of immediately available Federal funds of the United States.
ARTICLE IV
CONDITIONS PRECEDENT
The purchase and sale under this Agreement shall be subject to the satisfaction of the conditions precedent set forth in this Article IV (unless waived in writing by the party to whom the benefit of such condition runs) on or before the Closing Date, or such earlier date as is specified in this Agreement, each of which conditions shall be a covenant of the Party required to perform such condition.
3 4.1 Conditions to Buyer's Obligations and Due Diligence Period.
A. Delivery of Title Report; Seller's Cure. Seller shall cause First American Title ("Title Insurer") to deliver to Buyer a standard CLTA preliminary title report for the Property ("Title Report") within two (2) business days following the Opening of Escrow, together with copies of any exceptions referred to in Schedule B of the Title Report. THE PROPERTY IS SOLD "AS -IS," WITH NO CONDITIONS AND THE BUYER SHALL ACOUIRE THE
PROPERTY SUBJECT TO ALL OTHER EXCEPTIONS DESCRIBED IN THE TITLE REPORT (collectively, "Approved Exceptions"). At the Closing, Seller shall deliver title to the Property to Buyer subject only to the Approved Exceptions. (i) Buyer's Notice of Obiection. If the Title Report contains exceptions which are not acceptable to Buyer ("Unpeiiiiitted Exceptions"), Buyer shall, within five (5) business days after receipt of the Title Report, deliver to Seller written notice of Buyer's objections (a "Notice of Objection"), if any, to such exceptions. If Buyer fails to deliver a Notice of Objection in accordance with the foregoing sentence, Buyer shall be deemed to have waived its right to object to any exceptions which would otherwise be Unpermitted Exceptions, and such exceptions shall thereafter be deemed Permitted Exceptions (as defined below). (ii) Seller's Response Notice. Within five (5) days following the date of receipt of a Notice of Objection (the "Seller Notice Period") from Buyer, Seller shall give notice (a "Response Notice") advising. Buyer whether Seller will cause any of the Unpermitted Exceptions to be removed from the Title Report at or prior to expiration of the Due Diligence Period. Buyer shall have the right, but not the obligation, to remove any Unpermitted Exceptions.
If Seller fails to give the Response Notice during the Seller Notice Period, Seller shall be deemed to have elected not to remove any Unpermitted Exceptions. (iii) Title Termination Notice. Unless Seller agrees to cause all of the Unpermitted Exceptions to be removed from the Title Report or otherwise addressed to the satisfaction of Buyer, Buyer may terminate this Agreement by giving notice in writing to Seller (the "Title Termination Notice") within five (5) business days following Buyer's receipt of the Response Notice or the date the Response Notice was due but not received. If Buyer gives a Title Termination Notice: (a) the Deposit shall be returned to Buyer, and; (b) this Agreement shall become null and void and of no further force or effect, except for those provisions that survive the early termination of this Agreement.
(iv) Specific Exclusions. Notwithstanding anything to the contrary set forth in this Article IV, any title matter arising after the date of the Title Report and added to the Title Report after its original issuance or any survey matter arising after the Due Diligence Period may be a Permitted Exception but first shall be subject to the same procedures set forth in this Section 4.1.A. (provided, however, that Buyer agrees to deliver a Notice of Objection no later than ten (10) business days following receipt of an update to the Title Report or Survey; and Seller shall have ten (10) business days to deliver a Response Notice). To the extent necessary the Closing shall be extended to accommodate such matters.
B. Delivery of Title and Title Insurance. Seller shall convey title to the Property to Buyer at the Closing (defined in Section 4.1 of this Article), subject only to the Penuiitted Exceptions. The term "Permitted Exceptions" shall mean: (i) liens for real property taxes shown as exceptions in the Title Report provided that the taxes are not delinquent; (ii) the 4 standard exclusions to coverage under Title Insurer's Owner's Policy of Title Insurance ("Title Policy"); and (iii) any other lien, encumbrance, title exception or defect that appears in the Title Report, which Buyer has waived or which is caused by Buyer prior to the Closing.
Notwithstanding the foregoing, in no event shall the following be considered Permitted Exceptions: deeds of trust or mortgages; lease agreements, judgments; mechanics' and materialmen's liens; tax liens; or liens, encumbrances or other title matters created by Seller after the date of this Agreement, other than those created with the prior written consent of Buyer. Buyer agrees that Seller's obligation to convey title to Buyer shall be deemed satisfied upon Title Insurer's willingness to issue the Title Policy subject only to the Permitted Exceptions.
C. Inspection. Buyer shall conduct or review such surveys, investigations, studies and inspections and make or review such geologic, environmental and soils tests and other studies of the Property as Buyer, in Buyer's discretion, deems necessary to determine the physical and land use characteristics of the Property (including its subsurface) and the Property's suitability for Buyer's anticipated use.
D. Representations and Warranties. Each of the representations and warranties by Seller contained in Section 9.1 was true and correct in all material respects as of the date made and continues to be true and correct in all material respects as of the Closing.
E. Delivery of Closing Documents. Execution, delivery and acknowledgement as appropriate by Seller of the closing documents set forth in Section 5.1 B(i) and other necessary closing documents as may be reasonably requested by Buyer or Escrow Agent.
F. Due Diligence Period. Buyer shall have FORTY-FIVE (45) CALENDAR DAYS after the Opening of Escrow (the "Due Diligence Period") to: (i) review the exceptions, legal descriptions and other matters contained in the Title Report; (ii) conduct or review such surveys, investigations, studies and inspections and make or review such geologic, environmental and soils tests and other studies of the Property; (iii) ensure the property is properly secured (iv) review all other applicable due diligence materials respecting the Property (collectively, the "Due Diligence Items"). If Buyer, in its sole and absolute discretion, determines that the results of any information, inspection, test, examination or any investigation provided under this Agreement or perfoiiiied or obtained during the Due Diligence Period fails to meet Buyer's criteria (established in Buyer's sole and absolute discretion) for the purchase and operation of the Property in the manner contemplated by Buyer, or Buyer deems the Property to be unsuitable for Buyer's purposes for any reason, then Buyer shall have the option to terminate this Agreement and shall so advise Seller by written notice (the "Disapproval Notice"), with a copy to Escrow Agent, given no later than 5:00 p.m. (Pacific Standard Time) on or before the last day of the Due Diligence Period. In the event Buyer provides the Disapproval Notice to Seller on or before the expiration of the Due Diligence Period, then this Agreement shall be deemed terminated, in which event: (i) Seller shall not be entitled to keep the Deposit; (ii) Buyer shall be entitled to receive a refund of any additional funds placed in Escrow (excluding the Deposit); (iii) Buyer shall pay for Escrow expenses incurred to date of termination; and (iv) neither party shall have any right against the other arising out of such termination. If Buyer fails to timely deliver the Disapproval Notice on or before the expiration of the Due Diligence Period, this Agreement shall remain in full force and effect. 5 G. Access to Property. At reasonable times during the term of the Escrow, and upon reasonable prior notice to Seller, Buyer, its agents, contractors and subcontractors, shall have the right to enter upon the Property thereon to make any and all inspections and tests as Buyer deems desirable in its sole discretion. Upon Seller's written request, Buyer shall provide Seller with a copy of the results, reports or findings ("Results") from such testing within three (3) business days of Buyer's receipt of the same. Buyer further agrees to use the Results solely in connection with its review of the Property, and not to disclose, communicate or publish the nature or content of the Results to any person or entity, except to its personnel, representatives, consultants, directly involved in its review of the Property, or as otherwise required by law, regulation, legal process or regulatory authority.
For any entry to or on the Property by Buyer, Buyer's agents, Buyer's consultants or Buyer's contractors, Buyer shall leave the Property in substantially similar condition after entry as Property or equipment upon Property was found, and Buyer expressly waives, and shall indemnify, defend and hold harmless Seller from and against, any liabilities, claims, damages (including injury or damage to person or property), losses, costs and expenses related to Buyer or Buyer's agents, contractors, or subcontractors entry, inspections and studies conducted by Buyer and/or its agents, consultants and contractors on, under, or about the Property, including equipment on the Property.
H. No Material Chance. Seller shall not cause any material change in the status of the use, title, occupancy or physical condition of the Property, unless caused by Buyer or its agents, prior to Close of Escrow that has not been approved in writing by Buyer, which approval can be withheld in Buyer's sole discretion. Additionally, Seller shall: (i) maintain its existing insurance policies in full force and effect (Seller acknowledges that Buyer may be insured through the City of Placentia, a self-insured public agency and may not have specific policies in place applicable to the Property); (ii) provide prompt written notice to Buyer of any casualty or condemnation affecting any portion of the Property after the date of this Agreement, or any matter relating to zoning changes, rent control or increase in tax assessments; (iii) deliver to Buyer, promptly after receipt by Seller, copies of all notices of violation issued by any governmental authority with respect to the Property received by Seller after the date of this Agreement; (iv) advise Buyer promptly of any litigation, arbitration or other judicial or administrative proceeding which concerns or affects the Property; and (v) comply in material respects with the requirements of all contracts, licenses, permits, approvals, guaranties and warranties.
I. Seller Performance. Seller shall have delivered all documents listed on Exhibit B, if any, and duly performed each and every undertaking, covenant and agreement required to be performed by Seller under this Agreement prior to or at the Close of Escrow.
J. Prior to the Closing, Seller shall have obtained any and all authorizations and approvals necessary to sell the Property.
4.2 Conditions to Seller's Obligations.
Close of Escrow and Seller's obligation to sell the Property to Buyer pursuant to this Agreement, are subject to the satisfaction of the following conditions at or prior to Closing. 6 A. Deposit. Buyer has placed the Deposit into escrow in accordance with Section 3.2, above.
B. No Default. Buyer shall not be in material default of Buyer's obligations under this Agreement, including, but not limited to, Buyer's obligation to deliver the Purchase Price into escrow on or before the Closing Date. If the conditions above have not been satisfied or waived by Seller at or before the Closing Date through no fault of Seller, then Seller may, upon written notice to Buyer, cancel the Escrow, terminate this Agreement, and recover any documents delivered to the Escrow Holder pursuant to this Agreement C. Delivery of Purchase Price. The Purchase Funds shall be delivered by or on behalf of Buyer to Escrow Agent as described in Section 3.4, in sufficient time such that the Escrow Agent will be able to disburse the cash proceeds accruing to Seller on the Close of Escrow.
D. Renresentations and Warranties. Each of the representations and warranties by Buyer contained in Section 8.4A and Section 9.2 below shall be determined to have been true and correct in all material respects as of the date made and shall continue to be true and correct in all material respects as of the Closing.
E. Delivery of Closing Documents. Execution, delivery and acknowledgement as appropriate by Buyer of the closing documents set forth in Section 5.1 B(ii) and other necessary closing documents as may be reasonably requested by Buyer or Escrow Agent. Seller shall have executed into Escrow, for delivery to Buyer and recordation with the Orange County Recorder's Office, a Grant Deed in the form attached hereto as Exhibit C.
4.3 Failure of Conditions. If any of the conditions precedent contained in this Article IV are not satisfied within the time periods specified in this Agreement (or waived or the time for satisfaction extended by the party to whose benefit the condition runs), the party to whose benefit the condition runs shall have the right to terminate this Agreement by delivering written notice to the other party and Escrow Agent within the time period specified by this Agreement. If Seller terminates this Agreement due to a failure of any condition set forth in Section 4.2. Seller shall have the right to retain the Deposit plus any accrued interest thereon, and exercise its rights under Article VI. If Buyer terminates this Agreement due to a failure of the conditions set forth in Section 4.1 .0 or G, Seller shall have the right to retain the Deposit plus any accrued interest thereon. If Buyer terminates this Agreement due to a failure of the conditions set forth in Section 4.1 .A. B. D. E, F. H. I or J. then Buyer shall have the right to receive a refund of the Deposit of Escrow Agent's and Title Insurer's normal escrow and title insurance cancellation fees and exercise its rights under Article VI. Nothing contained in this Agreement is intended nor shall permit any party in default to telniinate this Agreement or the Escrow provided for in this Agreement as a result of such default.
ARTICLE V
CLOSING
5.1 Closing. The purchase and sale of the Property shall be consummated at a Closing in accordance with the following:
7 A. Closing Date. The closing date shall occur on or before 11:00 a.m. on the date which is fifteen (15) calendar days after the expiration of the Due Diligence Period (the "Closing Date"), at the office of the Escrow Agent or such other location as is acceptable to the parties to this Agreement. Except as provided otherwise in Article VI, if the Escrow for the Property has not closed on or before the Closing Date, either party shall have the right to terminate this Agreement unless such party is in default of its obligations under this Agreement. Except as otherwise provided in Section 4.3, if this Agreement is teauinated as a result of a failure of a condition other than as a result of Buyer's default under this Agreement, the Deposit, less Buyer's cost of the Escrow Agent's and Title Insurer's escrow and title cancellation fees and expenses, will be refunded to Buyer.
B. Closing Documents.
At or prior to Closing, Seller shall deposit into Escrow a Grant Deed in substantially the form attached hereto as Exhibit C, properly executed and acknowledged by Seller, in favor of Buyer, containing the legal description of the Property and subject only to the Approved Exceptions. At or prior to Closing, Buyer shall have deposited into Escrow any supplemental escrow instructions necessary to close this Escrow. Escrow Holder shall deliver to Seller the Purchase Price, when;
(i) Seller. No later than the day prior to the Closing Date, Seller shall duly execute and acknowledge as appropriate and deliver to Escrow Agent the following:
(a) A grant deed ("Deed") conveying the Property to Buyer in substantially the form attached to this Agreement as Exhibit C:
(b) A Non -Foreign Entity Affidavit ("Affidavit"), substantially in the form attached to this Agreement as Exhibit D. pursuant to Section 10.2: and (c) Such documents and instruments as Escrow Agent or Title Insurer may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by Seller under this Agreement and to issue the Title Policy.
The obligations of Seller to deliver documents and instruments into Escrow in accordance with this Section 5.1 B(i) are separate, independent covenants of Seller and shall not be conditioned upon Buyer's deliveries in accordance with Section 5.1B(ii). (ii) Buyer. No later than the day prior to the Closing Date, Buyer shall duly execute and acknowledge as appropriate and deliver to the Escrow Agent the following:
(a) The amount of the Purchase Funds, less the Deposit; (b) A Change of Ownership Statement, as required by Title Insurer or Escrow Agent; and
(c) Such documents and instruments as Escrow Agent or Title Insurer may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by Buyer under this Agreement and to issue the Title Policy. 8 The obligations of Buyer to deliver funds, documents and instruments into Escrow under this Section 5.1.B(ii) shall be separate, independent covenants of Buyer and shall not be conditioned upon Seller's deliveries in accordance with Section 5.1.B(i).
C. Closing Procedure. At such time as the Escrow Agent has received all of the items specified in Section 5.1.B, and at such time as Title Insurer is prepared to issue the Title Policy in accordance with Section 4.1.B. Buyer and Seller hereby authorize and instruct Escrow Agent to: (i) cause Title Insurer to record the Deed and issue the Title Policy to Buyer; (ii) pay to the authorities lawfully entitled thereto any recordation fees and transfer taxes in connection with this Agreement; (iii) deliver to Buyer and Seller a conformed copy of the Deed showing the recording information; and (iv) deliver to Buyer an executed original of the Affidavit. The Buyer and Seller shall each bear half of the costs associated with the Broker fee and Escrow, including title reports, disclosure reports, and Seller's requirements by law to sell the Property and escrow fees as described in Exhibit E.
5.2 Fees; Expenses; Prorations.
A. Fees, Expenses, Transfer Taxes.
(i) Buyer. As described in Exhibit E, Buyer shall pay: (a) half of all costs of the Escrow fees and Broker fees; (b) half the cost of recording the Deed and all other documents recorded at the Closing; all documentary transfer taxes imposed in connection with the recording of the Deed; (c) half the cost of the CLTA Title Policy for Buyer in the amount of the Purchase Price; and (d) any other customary fees and charges and expenditures authorized by Seller which are agreed upon by the Buyer. The parties agree that the amount of documentary transfer taxes will not be referred to in the Deed. Buyer shall have the right to procure an ALTA Extended Coverage Owner's Policy of Title Insurance ("ALTA Policy") and Buyer shall pay for the increased cost of such ALTA Policy above the cost of the CLTA Title Policy, the cost of any survey that the Title Insurer requires for issuance of an ALTA Policy (other than the cost of the survey of the Property previously obtained by Seller, and a copy of which has been delivered to Buyer) and for the cost of any other increase in the amount or scope of title insurance if Buyer elects to increase the amount or scope of title insurance coverage or to obtain endorsements to the Title Policy or ALTA Policy.
B. Real Pronertv Taxes. Assessments and Rents. All real property taxes and assessments for the fiscal years of the taxing and assessing authorities in which the Closing occurs shall be prorated on the basis of a three hundred sixty-five (365) day year at the Closing with appropriate debits and credits to the accounts of Buyer and Seller so that Seller shall be responsible for paying all of the same, to the extent duly allocable to the period ending on the day immediately prior to the Closing Date and Buyer shall be responsible for paying all of the same (if any shall be due), to the extent duly allocable to the period commencing upon the Closing Date. At the Closing, Buyer shall reimburse Seller for any taxes and assessments which are allocable to the period commencing upon the Closing Date and which Seller has already paid. In addition, all rents, incomes and profits, if any, derived from the Property or attributable to the Property shall be prorated at the Closing with appropriate debits and credits to the accounts of Buyer and Seller so that Seller shall pay and receive, as appropriate, all of the same to the extent duly allocable to the 9 period ending on the day prior to the Closing Date and Buyer shall pay and receive, as appropriate, all of the same to the extent duly allocable to the period commencing upon the Closing Date.
C. In the event the Department of Industrial Relations determines the sale of the Property is a public project pursuant to California Labor Code section 1720, et seq., which requires the payment of prevailing wage rates and any other requirements, Buyer agrees to assume all risk of liability arising from the Department of Industrial Relations determination and shall bear the obligations to pay prevailing wages.
ARTICLE VI
BREACH
6.1 General. If either Party breaches its obligations under this Agreement prior to the Closing, then the other party may, without terminating this Agreement, suspend performance by giving written notice to the other party until such breach is cured by the other party. Except for Seller's and Buyer's respective delivery obligations under Article V, including, without limitation, Buyer's delivery to the Escrow Agent of any portion of the Deposit or the Purchase Funds, neither party shall be in default under this Agreement unless it fails to cure a breach of such Party's obligations under this Agreement within twenty-four (24) hours after receipt of written notice of such breach from the non -breaching party. Nothing contained in this Agreement is intended nor shall permit any Party in default to terminate this Agreement or the Escrow provided for in this Agreement as a result of such default.
6.2 Buyer's Breach.
A. Buyer's Pre -Closing Breach. Except as expressly provided otherwise in Section 6A, if Buyer breaches any of its obligations under this Agreement prior to the Closing and Buyer fails to cure such breach within twenty-four (24) hours after Buyer's receipt of written notice from Seller, then Seller may terminate this Agreement and retain the Deposit as liquidated damages in accordance with Section 3.3 as Seller's sole remedy. Notwithstanding the foregoing, Seller's right to recover attorneys' fees pursuant to Section 11.3 shall survive any termination of this Agreement pursuant to this Section. Buyer hereby acknowledges and agrees that in no event shall the notice and cure rights set forth in Section 6.1 apply to Buyer's failure to deliver any of the items into Escrow in accordance with Section 3.2 and Article V, including, without limitation, any portion of the Deposit or the Purchase Funds.
B. Buyer's Post -Closing Breach. If after the Closing, Buyer breaches any of its post -Closing obligations under this Agreement and Buyer fails to cure such breach within twenty-four (24) hours after Buyer's receipt of written notice from Seller, then Seller shall have the right to pursue any and all remedies available to Seller at law or in equity, including the specific performance of this Agreement. Buyer hereby acknowledges that Seller's right to recover attorneys' fees pursuant to Section 11.3 shall survive the Close of Escrow and the recordation of the Deed.
6.3 Seller's Breach.
A. Seller's Pre -Closing Breach. Except as expressly provided otherwise in Sections 4.3 and 6.1, if Seller breaches its obligations under this Agreement and Seller fails to cure 10 such breach within twenty-four (24) hours after Seller's receipt of written notice from Buyer or such other time before Closing if the cure cannot reasonably be obtained within such twenty -four- hour period, Buyer shall have the right to elect one, but not both, of the remedies set forth in this Section 6.3.
(i) Termination. Buyer shall have the right to terminate this Agreement and receive a refund of the Deposit.
(ii) Smcific Performance. Buyer shall have the right to obtain specific performance by Seller provided Buyer is not in breach of its obligations under this Agreement.
ARTICLE VII
DEMOLITION, REHABILITATION AND SITE CLEARANCE
7.1 Buyer's Obligations. After the Closing Date, Buyer, at Buyer's sole cost and expense, shall be responsible for and Seller shall have no liability for, or obligation related to any of the following: (i) any grading and removal or re -compaction of soil on the Property; (ii) obtaining utilities to serve the Property; (iii) any rehabilitation or reconfiguration of the improvements currently located on the Property; (iv) paying any and all fees with respect to the Property incurred after the Closing Date and the construction of any improvements on the Property; (v) any lot line or boundary adjustment with respect to the Property; (vi) satisfying any and all on-site and off-site (i.e. inside and outside of the perimeter boundary of the Property) conditions of approval, construction and other obligations with respect to Buyer's anticipated use of the Property; and (vii) removal of any and all personal property located on the Property at the Close of Escrow. Seller hereby waives any interest in all such personal property located on the Property and releases Buyer from any liability as a result of Buyer's disposition thereof.
ARTICLE VIII
CONDITION OF PROPERTY
8.1 Condition of Property.
A. General. Buyer, as specified in Section 4.1C, has or shall have inspected and conducted tests, inspections, investigations and studies of the Property as Buyer, in Buyer's discretion, deems necessary. Buyer understands and acknowledges that the Property may be subject to earthquake, fire, floods, erosion, high water table, dangerous underground soil conditions, unavailability or shortages of water and other utilities and similar occurrences that may alter its condition or affect its suitability for any proposed use, including Buyer's anticipated use, if any. Seller shall have no responsibility or liability with respect to any such condition or occurrence. Buyer represents that it is acting and will act only upon information obtained by it from its own inspection and investigation of the Property and upon the express representations of Seller contained in this Agreement. Except as provided otherwise in this Agreement, the suitability or lack of suitability of the Property for any proposed use, or availability or lack of availability of permits or approvals of governmental or regulatory authorities with respect to any proposed or intended use of the Property, shall not affect the rights or obligations of the Seller under this Agreement.
11 B. Environmental Condition. In connection with or on account of the construction, operation, maintenance and demolition of the buildings, fixtures, machinery and equipment located on the Property, certain substances classified as hazardous (collectively, "Hazardous Substances") may have been released or may be present on the Property. For these purposes, "Hazardous Substances" includes "hazardous substances" as defined in CERCLA (defined below); "pollutants", "contaminants" and "Toxic Substances" as defined in the Toxic Substances Control Act; "Hazardous Materials" as defined in the Hazardous Materials Transportation Act; and other substances deemed or determined to be harmful, injurious, noxious, hazardous, nuisance causing or toxic under any Environmental Law (defined below), and including "Petroleum" as defined in RCRA (defined below). The documents listed on Exhibit B, if anv. set forth in more detail the environmental condition of the Property. Buyer acknowledges receipt of the documents listed on Exhibit B, if anv. relating to the environmental condition of the Property.
For purposes of this Agreement, the term "Hazardous Materials" shall mean any and all (a) substances, products, by-products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under any Environmental Laws (defined below), and (b) any materials, substances, products, by-products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by-products, or waste may give rise to liability under any Environmental Laws or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of any state or federal court; and (c) any substance, product, by-product, waste or any other material which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation, petroleum and/or asbestos materials, products, byproducts, or waste. The term "Environmental Laws" shall mean and include all federal, state, and local laws, statutes, ordinances, regulations, resolutions, decrees, and/or rules now or hereinafter in effect, as may be amended from time to time, and all implementing regulations, directives, orders, guidelines, and federal or state court decisions, interpreting, relating to, regulating or imposing liability (including, but not limited to, response, removal, remediation and damage costs) or standards of conduct or performance relating to industrial hygiene, occupational, health, and/or safety conditions, environmental conditions, or exposure to, contamination by, or clean-up of, any and all Hazardous Materials, including without limitation, all federal or state, or environmental clean-up statutes.
C. Seller hereby represents and warrants to Buyer that; there are no leases, options to purchase, rights of first refusal or contracts for lease or sale of the Property; and there are no liens or claims against the Property other than the Approved Exceptions. Seller specifically agrees to indemnify, defend and hold harmless Buyer, its directors, officers, members, agents and employees (collectively "Buyer Indemnitees") from and against any and all actions, claims, demands, losses, cost and expenses, including reasonable attorneys' fees and cost, damages and liabilities arising out of or in any way connected with any claim by a third party with regarding any lease, option to purchase, right of first refusal or contracts for lease or sale of the Property.
D. No Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION
8.1 (C) OF THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS
NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH 12 RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE SUITABILITY OR DEVELOPABILITY OF THE PROPERTY FOR BUYER'S PARTICULAR PURPOSES.
BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO BUYER AND BUYER SHALL ACCEPT THE PROPERTY "IN ITS THEN EXISTING CONDITION AS IS, WHERE IS, WITH ALL FAULTS," EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT. BUYER HAS
NOT RELIED AND WILL NOT RELY ON, AND SELLER IS NOT LIABLE FOR OR BOUND
BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTIES, STATEMENTS,
REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR
RELATING THERETO MADE OR FURNISHED BY SELLER OR ANY AGENT
PURPORTING TO REPRESENT SELLER, UNLESS SPECIFICALLY SET FORTH IN THIS AGREEMENT. BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR
WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY,
INCLUDING BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY
ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR
NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY
HAZARDOUS MATERIALS ON OR DISCHARGED FROM THE PROPERTY, AND WILL
RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR
ON BEHALF OF SELLER OR ITS AGENTS, OTHER THAN SUCH REPRESENTATIONS
AND WARRANTIES OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. UPON CLOSING, SUBJECT TO SUCH REPRESENTATIONS AND
WARRANTIES OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT,
BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT
LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS.
IN CONNECTION THEREWITH, BUYER ACKNOWLEDGES, UNDERSTANDS, AND HAS READ THE CONTENTS OF CALIFORNIA CIVIL CODE SECTION 1542, AND EXPRESSLY
WAIVES ALL RIGHTS BUYER HAS, OR AT SOME TIME IN THE FUTURE MAY HAVE, UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
THE COVENANTS SET FORTH IN THIS SECTION SHALL SURVIVE CLOSE OF ESCROW AND DELIVERY OF THE GRANT DEED.
BUYER INITIALS
8.2 The Purchase Price and the terms and conditions set forth in this Agreement are the result of arm's-length bargaining between entities familiar with transactions of this kind and the price, Willis and conditions reflect the fact that Buyer shall not have the benefit of, and, except as 13 represented and warranted by Seller in this Agreement, is not relying upon, any statements, representations or warranties whatsoever made by or enforceable against Seller relating to the condition, operations, dimensions, descriptions, soil condition, other environmental condition, suitability, availability of utilities, compliance or lack of compliance with any Environmental Law (defined in Section 8.41 or other state, federal, county or local law, ordinance, order, permit or regulation or any other attribute or matter of or relating to the Property. Buyer represents, warrants and covenants to Seller that, except for Seller's express representations and warranties specified in Section 9.1, Buyer is relying solely upon its own inspection and investigation of the Property.
If Seller obtains or has obtained in connection with this Agreement the services, opinions or work product of surveyors, architects, engineers, attorneys, Escrow Agent, Title Insurer, governmental authorities or any other person or entity with respect to the Property, Buyer and Seller agree that Seller shall do so only for the convenience of both parties and the reliance by Buyer upon any such services, opinions or work product shall not create or give rise to any liability of or against Seller.
8.3 Governmental Approvals. Buyer agrees not to submit any land use -related applications, reports, studies or other documents, including, without limitation, plans and specifications, impact statements for water, sewage, drainage or traffic, environmental review foiuis or energy conservation checklists to any governmental agency or any amendment or modification to any such instruments or documents prior to the Close of Escrow unless first approved by Seller.
8.4 Environmental Matters.
A. Buyer's Representations and Release of Seller. Except for the express representations and warranties of Seller set forth in this Agreement, Buyer shall rely solely upon its own inspection of the Property in determining the Property's physical and environmental condition, and the Property's suitability for Buyer's particular purpose(s), and shall have the right to review all reports, documents and studies described in Sections 4.1.0 and 4.1.D. Except for damages arising from the express representations and warranties of Seller set forth in this Agreement, Buyer waives its right to recover, and hereby releases, Seller, its officers, affiliated agencies, employees, agents and affiliates of any of them (collectively, "Seller's Related Parties") from any and all damages, losses, liabilities, costs or expenses whatsoever (including reasonable attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown or foreseen or unforeseen, which may arise from or be related to: (i) the physical condition of the Property; (ii) the Property's suitability, usability, or developability for Buyer's particular purpose(s); and (iii) the Property's compliance or lack of compliance with and remediation or "clean-up" liabilities arising under any law including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Sections 9601 et Lea.), ("CERCLA") the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et Lu.), ("RCRA") the Clean Water Act (33 U.S.C. Sections 466 et _seg.), the Safe Drinking Water Act (14 U.S.C. Sections 1401-1450), the Hazardous Materials Transportation Act (49 U.S.C. Sections 1801 et se_c .), the Toxic Substance Control Act (15 U.S.C.
Sections 2601-2629), the California Hazardous Substances Act (Health & Safety Code Sections 25100-25600), the California Porter -Cologne Water Quality Control Act (Water Code Sections 13000 et seq.) and all regulations, rulings and orders promulgated or adopted pursuant thereto (collectively, "Environmental Laws"). Buyer acknowledges, understands, and has read the 14 contents of Section 1542 of the California Civil Code, and expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM, MUST HAVE MATERIALLY AFFECTED THIS SETTLEMENT
WITH THE DEBTOR."
BUYER'S INITIALS
B. Drainage. Erosion Control and Storm Water Pollution Prevention Plans.
Buyer shall be responsible for compliance with all state, local and federal governmental and regulatory requirements with respect to drainage, erosion control, the National Pollution Discharge Elimination System ("NPDES") or Storm Water Pollution Prevention Plans ("SWPPP's") on or relating to the Property to the extent such compliance requirements arise after the Close of Escrow.
ARTICLE IX
REPRESENTATIONS AND WARRANTIES
9.1 Seller's Representations and Warranties. In consideration of Buyer's entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following covenants, representations and warranties, each of which is material and is being relied upon by Buyer (and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder):
A. Authority. Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby; requisite action has been taken by Seller in connection with the entering into of this Agreement and the instruments referenced herein, and the consummation of the transactions contemplated hereby; and no consent of any other party is required.
B. Encumbrances. Seller is the owner of the fee interest in the Property free and clear of all liens, encumbrances and other matters other than those set forth in the Title Policy and the Property is not subject to any outstanding contract of sale, right of first refusal or purchase option, in favor of any person or entity, except Buyer. Seller will not sell, lease, sublease, assign, mortgage or otherwise encumber the Property without Buyer's prior written approval, which may be withheld in Buyer's sole discretion.
C. Representations. All representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time.
D. Legal Power. The individuals executing this Agreement and the instruments referenced herein on behalf of Seller, have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. 15 E. No Breach. There are no contracts or agreements relating to the leasing, operation and maintenance of the Property which will be effective as to the Property following the Closing. There are no agreements, rights or agreements under which any third person or party has any right or option to purchase the Property. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms, subject only to the applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles effecting or limiting the rights of contracting parties generally. To Seller's knowledge, neither the execution and delivery of this Agreement and the documents referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents reference herein, result in the breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which Seller is a party or effecting the Property.
F. Litigation. There are no suits, claims, foreclosure proceedings, property tax protests, zoning or other administrative proceedings that are pending or, to the best of Seller's knowledge, threatened with respect to or in any manner affecting the Property.
G. Condemnation: Eminent Domain. Seller has neither received any written notice from a governmental authority, nor has any knowledge of any action regarding eminent domain proceedings for the condemnation of all or any portion of the Property. To Seller's knowledge, Seller has not received any written notices of violations, including, without limitation, any environmental law violations, that still exist from any municipal or governmental bodies regarding the Property.
H. Due Diligence. Seller has delivered to Buyer complete legible copies of the items listed on Exhibit B, if any, attached hereto. The documents delivered by Seller to Buyer are all the material documents concerning the Property that, to Seller's knowledge, are in Seller's possession or under its control.
I. Environmental Laws. Except as disclosed on Exhibit B, to Seller's knowledge, Seller has not received written notice from any governmental authority that the Property or the use or operation thereof are in violation of any Environmental Laws, and to Seller's knowledge, no such written notice has been issued and, to Seller's knowledge, no violation of any Environmental Laws has occurred. Except as disclosed on Exhibit B, to Seller's knowledge, no part of the Property has ever been used by any person or entity to refine, produce, use, store, handle, transfer, process, transport or dispose of any Hazardous Substances.
9.2 Buyer's Representations, Warranties and Covenants. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations, warranties and covenants, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder and in the case of C. and D., below, ongoing obligations of Buyer which shall survive the Close of Escrow):
16 A. Authority. Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby; all requisite action (City Council) has been taken by Buyer in connection with the entering into of this Agreement and the instruments referenced herein, and the consummation of the transactions contemplated hereby; and no consent of any other party is required.
B. Representations. All representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time.
C. Zoning and Development Standards. The Buyer represents and warrants that its Due Diligence of the Property has included a review and analysis of the zoning, development, and land use regulations currently existing and governing the Property. Buyer represents and warrants that it understands such zoning, development, and land use regulations, and that by purchasing the Property, Buyer is acquiring title thereto "AS IS" and subject to such zoning, development, and land use regulations. Buyer expressly acknowledges and understands that such zoning, development, and land use regulations may limit the suitability, usability, or developability of the Property for Buyer's particular purpose(s), and that any amendment, deviation, variance, or other change or exception to the zoning, development, and land use regulations governing the Property at Closing is subject to the sole and absolute discretion of the City of Placentia, and that Buyer's application for the same may be denied. Buyer expressly acknowledges that Seller has make no representation(s) or warranty(ies) concerning or relating to the likelihood of the City of Placentia's approving Buyer's application for any amendment, deviation, variance, or other change or exception to the zoning, development, and land use regulations governing the Property, and Buyer expressly assumes the risk that such zoning, development, and land use regulations may limit or preclude Buyer's intended use or development of the Property.
D. Buyer's Exemption from Certain Disclosures. Buyer hereby notifies Seller, and Seller hereby acknowledges and accepts, that Buyer, a governmental entity, is exempt from the disclosure requirements generally applicable to transfers of residential property codified in Article
1.5 (commencing with Section 1102) of Chapter 2, of Title 4, of Part 4, of Division 2, of the California Civil Code. Seller hereby expressly assumes all risks associated with or arising from the Buyer's exemption from such disclosure requirements.
ARTICLE X
CONDEMNATION, DAMAGE AND DESTRUCTION
10.1 Condemnation. If, between the date of this Agreement and the Closing Date, condemnation or eminent domain proceedings affecting any portions of the Property are initiated or are threatened to be initiated by any entity other than Buyer to such extent that it would prevent Buyer's anticipated use of the Property, then, Buyer shall have the right to either: (i) affirm this Agreement, which shall remain in full force and effect without any diminution of the Purchase Price and Seller shall assign to Buyer upon the Closing Date all of Seller's rights to any condemnation awards by depositing an assignment of said award with the Escrow Agent; or (ii) subject to and conditioned on Buyer's compliance with the remaining provisions of this Section
10.1, terminate this Agreement and Escrow Agent, as applicable, shall return the Deposit to Buyer, 17 Escrow Agent's and Title Insurer's normal escrow and title insurance cancellation fees; and neither party shall have any further obligations or liabilities to each other, except that Buyer's indemnity obligations under this Agreement shall survive any such termination. Buyer shall not propose, institute, cooperate with or permit any condemnation of all or any part of the Property prior to the Close of Escrow.
10.2 Damage and Destruction. If, between the date of this Agreement and the Closing Date, any portion of the Property is materially damaged or destroyed to such an extent that it would prevent Buyer's anticipated use of the Property, then Buyer shall have the option by written notice to Seller to: (i) temiinate this Agreement and Buyer shall have no obligation to purchase the Property and Seller shall have no obligation to sell the Property to Buyer and Escrow Agent or Seller, as applicable, shall return to Buyer the Deposit and Title Insurer's normal escrow and title insurance cancellation fees; or (ii) affirm this Agreement, which shall remain in full force and effect without delaying the Closing and without diminution of the Purchase Price.
ARTICLE XI
MISCELLANEOUS
11.1 Assignment. Buyer shall neither assign its rights nor delegate its obligations under this Agreement without obtaining Seller's prior written consent, which consent may be withheld in Seller's sole and absolute discretion. Upon the receipt of Seller's written consent, Buyer, Seller and Buyer's proposed assignee shall execute a written assignment and assumption agreement in a form reasonably acceptable to Seller, in which such assignee assumes of all of Buyer's obligations under this Agreement. In no event shall any such assignment release Buyer from any obligations or liability under this Agreement or delay the Close of Escrow. Prior to the delivery of any such assignment executed by Seller, Buyer shall reimburse Seller for Seller's reasonable attorneys' fees and costs incurred by Seller in connection with facilitating any such assignment. Notwithstanding the foregoing, Buyer shall have the right to assign its rights or obligations under this Agreement to any affiliate, parent or subsidiary entity without Seller's prior consent.
11.2 No Foreign Investors. Seller warrants and represents to Buyer that Seller is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). Seller shall execute and deliver to Buyer at the Closing the Affidavit substantially in the form of Exhibit D. certifying the representations and warranties made pursuant to this Section.
11.3 Attorneys' Fees. If any action, proceeding or arbitration is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to all other damages, all costs and expenses of such action, proceeding or arbitration, including but not limited to actual attorneys' fees (including the allocated costs of in- house counsel), witness fees' and court costs. The phrase "prevailing party" as used in this Section shall mean the party who receives substantially the relief desired whether by dismissal, summary judgment or otherwise.
11.4 Notices. All notices and requests under this Agreement shall be in writing and shall be sent by personal delivery, facsimile or e-mail (with hard copy to follow the next business day 18 by overnight mail), by nationally recognized overnight mail carrier such as FedEx or delivered in person to the following street addresses:
SELLER:
BUYER:
With a copy to:
Escrow Agent and
Title Insurer:
Estate of James E. Crocker
3010 Arbor Drive
Fullerton, CA 92835
Attn: Nedra M. Crocker
Owner
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Attn: Damien R. Arrula
City Administrator
Jones & Mayer
3777 North Harbor Blvd.
Fullerton CA 92835
Attn: Christian Bettenhausen
City Attorney
Escrow321
4000 Barranca Pkwy. Suite 155
Irvine, CA 92604
Attn: Janet Tilbury
Senior Escrow Officer
All notices shall be effective upon the earlier of personal delivery or receipt of a facsimile confirmation statement, if sent by facsimile, or receipt of confirmation of delivery, if delivered by e-mail or a nationally recognized overnight mail carrier; provided, however, receipt of the Purchase Price shall only be effective upon actual receipt in the form required under Section 14.
Either Party may change its address or designate a new street address for notices under this Agreement by notice complying with the terms of this Section.
11.5 Cooperation. Buyer and Seller acknowledge that it may be necessary to execute documents other than those specifically referred to in this Agreement to complete the acquisition of the Property. Each party shall reasonably cooperate with the other in connection with the requirements imposed by this Agreement upon the other, to the end that neither party shall act in any manner to impede the other in performing its obligations under this Agreement. Buyer and Seller hereby agree to cooperate with each other by executing such other documents or taking such other action as may be reasonably necessary in accordance with the intent of the parties as evidenced by this Agreement, provided such documents do not create any additional liability or expense for such party not contemplated by this Agreement.
11.6 Survival. Buyer's and Seller's representations, warranties and obligations under this Agreement shall survive the Close of Escrow and shall not be merged into or defeated by the execution, delivery or recordation of the Deed given in connection with this Agreement. By 19 consummating the transaction contemplated by this Agreement, Buyer waives its rights under any written disclosures made to Buyer by Seller or any other entity prior to the Closing. If prior to the Closing, Buyer receives notice of any information which indicates that any of Seller's representations and warranties are untrue, Buyer shall promptly notify Seller in writing of such information. If Buyer waives any representation or warranty, then Seller shall have no liability under this Agreement for such representation or warranty to the extent waived. If this Agreement is terminated because of a failure of conditions in Article IV or pursuant to Article X, then neither Buyer nor Seller shall have any liability if any of Buyer's or Seller's representations or warranties are inaccurate, except as set forth in Article VI.
11.7 Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California as applicable to contracts entered into in California among parties doing business therein. This Agreement contains the entire agreement between the Parties respecting the purchase and sale of the Property and supersedes all prior negotiations, discussions, understandings and agreements, both oral and written, between the parties with respect to such matters. This Agreement shall not be effective between the parties until the date this Agreement is executed and delivered into Escrow by both Seller and Buyer. This Agreement may not be modified or amended in any way except by a writing executed by both Buyer and Seller. All Exhibits referenced herein are incorporated by this reference in this Agreement. The section headings of this Agreement are for convenience only and are not to be construed as part of this Agreement and do not in any way amplify or define the terms, conditions, and covenants of this Agreement and shall not be used in construction or interpretation of this Agreement. There are no third -party beneficiaries to this Agreement. Unless the context otherwise indicates, whenever used in this Agreement, the word "party" or "parties" means Buyer or Seller or both, as the context may require. Time is of the essence in the performance of each teem of this Agreement.
11.8 Successors and Assigns. Subject to the restrictions set forth in Section 10.1. this Agreement shall be binding upon and inure to the benefits of the successors and assigns of the parties to this Agreement. In no event shall Buyer have any right to delay or postpone the Closing to create a partnership, corporation or other form of business association or to obtain financing to acquire title to the Property or to coordinate with any other sale, transfer, exchange or conveyance.
11.9 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law.
11.10 Dates. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on Saturday, Sunday or legal holiday under the laws of the State of California, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday.
11.11 No Assumption of Seller's Liabilities. Buyer is acquiring only the Property from Seller and is not the successor of Seller. Except only for the obligations accruing after the Closing Date or assumed in writing by Buyer, Buyer does not assume or agree to pay, or indemnify Seller or any person or entity against any liability, obligation or expense of Seller or relating to the Property.
20 11.12 Limitation of Liability. No advisor, trustee, director, officer, partner, member, employee, beneficiary, shareholder, participant or agent of or in Seller or Buyer shall have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or entered into under or pursuant to the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter. The teiiiis of this Section survive the Closing or termination of this Agreement. (Signature Page Follows Immediately)
21 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.
"SELLER":
"BUYER":
Estate of James E. Crocker City of Placentia,
a municipal corporation
By: 1/ M //7-
Name: Nedra M. Crocker, Owner
Dated:,g , 2023
22 By:
Name: Damien R. Arrula
Its: City Administrator
Dated: , 2023
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLACENTIA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP 84-801, AS FILED IN BOOK 190, PAGE 36 OF PARCEL MAPS, BY DOCUMENT RECORDED AUGUST 6, 1984, AS INSTRUMENT NO. 84-324105 OF OFFICIAL RECORDS, COUNTY OF ORANGE, CALIFORNIA.
APN: 339-033-21
EXHIBIT B
Attachments Provided by Seller
EXHIBIT C
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Attention:
record.
SPACE ABOVE THIS LINE FOR
RECORDER'S USE
No recording fee required; this document exempt from fee pursuant to Government Code Section 27383
Documentary Transfer Tax is set forth in a separate statement that is not part of the public
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Nedra M. Crocker, a private individual ("Grantor"), hereby grants to the City of Placentia, a Charter City ("Grantee"), all that certain real property located in the County of Orange, State of California, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference.
This grant and conveyance is made and accepted subject to:
1. All general and special real property taxes and assessments that are not delinquent, including supplemental taxes assessed as a result of this conveyance; and (Signature of Grantor Follows Immediately)
2023.
IN WITNESS WHEREOF, this Grant Deed has been executed this _ day of GRANTOR:
NEDRA M. CROCKER
By:
Name:
Its: A private individual
EXHIBIT D
AFFIDAVIT
Nedra M. Crocker, a private individual ("Seller"), hereby certifies to the City of Placentia ("Buyer"), as follows:
1. Seller understands and acknowledges that this Affidavit may be disclosed to the Internal Revenue Service by Buyer in connection with that certain Purchase and Sale Agreement and Escrow Instructions dated as of , 2023 (collectively, with any and all amendments thereto, the "Purchase Agreement"), between Buyer and Seller, as evidence of Buyer's compliance with Section 1445 of the Internal Revenue Code;
2. Seller is not a foreign individual, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations);
3. Seller's U.S. Employer Identification Number is
4. Seller's address is 3010 Arbol Drive, Fullerton, CA 92835;
5. Seller further understands and acknowledges that this Affidavit may be disclosed to the Franchise Tax Board of California by Buyer in connection with the Purchase Agreement;
6. Section 18662 of the California Revenue and Taxation Code provides that a buyer may be required to withhold 3 1/3% of the sales price of the California property sold by a non- resident seller, unless the sales price of the property is less than $100,000.00;
7. Seller is not subject to any withholding pursuant to Section 18662 of the California Revenue and Taxation Code; and
The undersigned understands that any false statements contained in this Affidavit could be punished by fine or imprisonment or both. The undersigned certifies on behalf of Seller under penalty of perjury that the foregoing is true and correct, and that the undersigned is duly authorized to execute this Affidavit on behalf of Seller.
Dated as of this day of
, 2023, at , California.
NEDRA M. CROCKER,
a private individual
By:
Name:
Its:
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Orange
)
)
On , before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (insert name and title of the officer)
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT E
ESCROW COMMERCIAL FEE QUOTE
COMMERICAL FEE QUOTE
escrow32l
Property Address: 207 W. Chapman Avenue, Placentia
Purchase Price: $900,000.00
Owner's Title Policy_
$2,030.00**
Escrow Fee
$2,980.00**
Documentary Transfer Tax
$990.00**
NHD Report
$89.95**
Commission (Once a fully executed Purchase Agreement is received 1 will prepare Commission Instructions for signatures of Seller and Buyer) $27,000.00**
**Seller and Buyer each to pay one-half of the costs.
Janet Tilbury
Senior Escrow Officer/Manager
949-401-4774 — Direct
949-401-4780 — Fax
[email protected]
www.escrow321.com
4000 Barranca Parkway, Suite 155
Irvine, CA 92604
CERTIFICATE OF ACCEPTANCE
Pursuant to the provisions of Government Code section 27281, this is to certify that the interest in real property conveyed by the grant deed from , to the City of Placentia, a municipal corporation, is hereby accepted by the Placentia City Administrator on behalf of Placentia City Council pursuant to authority conferred by resolution of the Placentia City Council adopted on , 2023 and the City of Placentia consents to recordation thereof by its duly authorized officer.
By: Date:
Damien Arrula, City Administrator
City of Placentia
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF COMMUNITY SERVICES
APRIL 4, 2023
AGENDA REPORT
SUBJECT: REINTRODUCTION AND FIRST READING OF ORDINANCE NO. 0-2023-01 OF
THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING CHAPTER 9.20 ("WILD ANIMALS") OF TITLE 9 ("ANIMALS AND FOWL") OF
THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILD ANIMALS
WITHIN THE CITY
FISCAL
IMPACT: NONE
SUMMARY:
The proposed ordinance will update Chapter 9.20 of the Placentia Municipal Code ("PMC") by prohibiting the feeding of wild animals in public places. The proposed amendment will enable the Community Services Department, Public Works Department and Police Department to effectively enforce provisions of the PMC relating to the feeding of "wild animals" in City parks and athletic fields.
Staff presented a version of the proposed ordinance at the March 21, 2023 council meeting.
Council provided direction that several revisions should be made to the ordinance before the first reading. Specifically:
1. The proposed ordinance should clarify that it does not affect other provisions of the code relating to domestic animals like chickens;
2. The proposed ordinance should clarify the definition between "wild animals" and "wildlife";
3. The proposed ordinance should prohibit feeding of wild animals on public property and only on private property to the extent it creates a nuisance; and
4. The proposed ordinance should eliminate restrictions on bird feeders.
DISCUSSION:
The revised ordinance makes these revisions as directed by the City Council. A redline version of the proposed ordinance is attached to identify these changes. Additional language was added to clarify that the ordinance does not apply to the keeping or feeding of animals when authorized elsewhere in the municipal code (PMC 9.08 "Domestic Animals"; PMC 23.10.020 "Permitted Uses" applying to rabbits and chickens in residential agricultural districts). The revised ordinance also combines the definitions of "wildlife" and "wild animals" into a single inclusive term.
3.a.
April 4, 2023
City Council Agenda
April 4, 2023
The revised ordinance also makes clear that the prohibition on feeding wildlife only applies on public property. Feeding wildlife on private party is also prohibited by the proposed ordinance but only to the extent it creates a "public nuisance." A public nuisance is defined in PMC 8.06.020 as anything which is injurious to health so as to interfere with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood, or any considerable numbers of persons. Using this definition is preferable to creating a new definition of nuisance relating to animal activity because code enforcement officers need not observe and document a set number of animal impacts before issuing a citation. Rather, if the feeding creates any conditions that meet the general definition of a nuisance, the proposed ordinance can be enforced.
The regulations of bird feeders have been removed except to the extent that bird feeders create a public nuisance.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Receive the staff report and consider the first reading of Ordinance No. 0-2023-01 and
2. Find that the recommended actions are exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of Regulations). Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA.
STRATEGIC PLANNING STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
Karen Crocker
Director of Community Services
Reviewed and approved: Reviewed and approved:
(L__S
Christian L. Bettenhausen
City Attorney
(,mss fsfu v,
Damien R. Arrula
City Administrator
Attachments:
1. Ordinance 0-2023-01 amending Chapter 9.20 of the PMC
2. Redline version of changes to proposed Ordinance
ORDINANCE NO. 0-2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMMENDING CHAPTER 9.20 ("WILD ANIMALS") TO TITLE 9 ("ANIMALS AND FOWL") OF THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILD ANIMALS WITHIN THE CITY.
WHEREAS, the City of Placentia ("City") is a charter city organized under the laws of the State of California with authority to enact ordinances to protect the public health, safety and welfare within the City under Article XI, Section 7 of the California Constitution; and WHEREAS, the feeding of wild animals can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wild animals can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors to the City; and WHEREAS, feeding wild animals can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to, and potential conflicts with, wild animals; and WHEREAS, feeding wild animals can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or furbearing mammal, expressly including intentional acts such as feeding that disrupt the animal's natural foraging behavior; and
WHEREAS, the City Council finds that an ordinance prohibiting the intentional and negligent feeding of certain types of wild animals, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wild animals in the City, is consistent with the City's long-standing commitment to protect and conserve biological resources and public safety and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PLACENTIA, AS FOLLOWS:
Section 1. All of the above recitals are correct and hereby incorporated by reference.
The City Council hereby finds as follows:
1. The foregoing recitals are true and correct and are made a part of this ordinance.
2. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 1 Section 2. Municipal Code Amendment. Chapter 9.20 ("Wild Animals") of Title 9 ("Animals and Fowl") of the Placentia Municipal Code is hereby amended to provide as follows:
Chapter 9.20 – WILD ANIMALS
9.20.010 Definitions
For purposes of this chapter, the following definitions shall apply:
"Feed" means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property with the intention of feeding, attracting, domesticating or enticing wild animals, whether or not wild animals are in the vicinity at the time. Feeding does not include baiting in the permitted and legal take or depredation of wild animals in accordance with federal, state and local law.
"Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. "Wild animal" means and includes any non -domesticated species of animal, reptile, fowl, or fish which is not tame or gentle as found in nature but is of a wild nature or disposition, or which is known to be vicious, or which must be kept in confinement to be brought within the immediate power of the owner. "Wild animal" does not include any bird life except as otherwise provided by law, any hamster, guinea pig, white rats and/or mice, any nonpoisonous snake not exceeding six feet in length, any turtle, any nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, and any fish except piranha and walking catfish.
9.20.020 Wild animals not permitted in city – Exceptions.
It is unlawful for any person to keep or maintain or cause to be kept or maintained, within the city of Placentia any wild animal except those enumerated in Section 9.20.010 and as otherwise authorized by this code. This section shall not prohibit the keeping or maintaining of wild animals within the city of Placentia in the following locations:
A. Wild animals in zoos or museums—any wild animals which are kept confined in zoos or museums for the public to view;
B. Wild animals in bona fide, licensed veterinary hospitals for treatment; C. Wild animals may be maintained by bona fide educational institutions for the purpose of instruction, provided such wild animals are securely confined and are properly cared for in a manner satisfactory to Orange County Animal Control services.
2 9.20.030 Disturbing or Taking Wild Animals.
No person shall hunt, kill, wound, feed, touch, tease, frighten, or intentionally disturb wild animals in any park, sports field, recreational area or open space except persons in the performance of their official duties, or in areas designated and under conditions established by the City to include the health and safety of the public.
9.20.040 Harassment of Animals
No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agricultural crops. Feeding a wild animal, including, but not limited to, ducks and squirrels is considered animal harassment. Cal. Code Regs. Title 14, §251.1
9.20.050 Feeding of Wild Animals Prohibited
A. No person shall purposely or knowingly feed wild animals on public property in the City of Placentia.
B. No person shall feed any wild animal on private property within the City of Placentia in a manner that constitutes a public nuisance.
C. No person shall leave or store any refuse, garbage, pet food, fruit, meat,dairy, vegetable, grain or other food in a negligent manner likely to feed wild animals.
D. No person shall fail to take remedial action to cease contact or conflict with wild animals, including to secure or remove outdoor refuse, cooking grills, pet food, backyard birdfeeders or any other similar food source or attractant when such remedial action is necessary to eliminate a public nuisance.
9.20.060 Exceptions
The prohibitions in Section 9.20.050 do not apply to:
A. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wild animals as defined in this chapter.
B. Baiting, for the purpose of trapping, feral cats as part of an approved Trap -Neuter - Release program.
C. Any property owner baiting, for the purpose of trapping, wild animals on their property when authorized by, and in accordance with, State law including but not limited to 3 trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels,skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Placentia hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Placentia, along with the names of the City Council voting for and against its passage.
PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF MAY 2023.
ATTEST:
Robert S. McKinnell
City Clerk
Ward L. Smith, Mayor
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
4 STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS.
CITY OF PLACENTIA }
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of March 2023 and reintroduced on the 4th day of April 2023, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 2nd day of May 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Witness my hand and the official seal of the City of Placentia this 2nd day of May, 2023.
Robert S. McKinnell,
City Clerk
5 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMMENDING CHAPTER 9.20 ("WILD ANIMALS") TO TITLE 9 ("ANIMALS AND FOWL") OF THE PLACENTIA MUNICIPAL CODE RELATING TO FEEDING WILDLIFEWILD ANIMALS WITHIN THE CITY.
WHEREAS, the City of Placentia ("City") is a charter city organized under the laws of the State of California with authority to enact ordinances to protect the public health, safety and welfare within the City under Article XI, Section 7 of the California Constitution; and WHEREAS, the feeding of wildlifewild animals can lead to negative impacts on animals, people and the environment; and
WHEREAS, feeding wildlfewild animals can lead to aggressive behavior towards humans, which presents health and safety concerns for residents and visitors to the City; and WHEREAS, feeding waldllfewild animals can artificially support the growth and carrying capacity of urban wildlife populations, compromising wildlife health and increasing human exposure to, and potential conflicts with, wildlifewild animals; and WHEREAS, feeding wildl+fewild animals can cause certain species to localize activity in the vicinity of the food source, thus increasing associated negative impacts on property owners and individuals within those neighborhoods; and
WHEREAS, Section 251.1 of Title 14 of the California Code of Regulations prohibits the harassment of any game or nongame bird or mammal or furbearing mammal, expressly including intentional acts such as feeding that disrupt the animal's natural foraging behavior; and
WHEREAS, the City Council finds that an ordinance prohibiting the intentional and negligent feeding of certain types of wildl+fewild animals, as defined, and further specifying types of permissible and prohibited conduct regarding interaction with wildl+fewild animals in the City, is consistent with the City's long-standing commitment to protect and conserve biological resources and public safety and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PLACENTIA, AS FOLLOWS:
Section 1. All of the above recitals are correct and hereby incorporated by reference.
The City Council hereby finds as follows:
1. The foregoing recitals are true and correct and are made a part of this ordinance.
2. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). 1 Section 2. Municipal Code Amendment. Chapter 9.20 ("Wild Animals") of Title 9 ("Animals and Fowl") of the Placentia Municipal Code is hereby amended to provide as follows:
Chapter 9.20 WILDLIFEWILD ANIMALS
9.20.010 Definitions
For purposes of this chapter, the following definitions shall apply:
"Feed" means to give, distribute, place, expose, deposit, or scatter any edible material on any public or private property with the intention of feeding, attracting, domesticating or enticing wildlifewild animals, whether or not wildlifewild animals is -are in the vicinity at the time. Feeding does not include baiting in the permitted and legal take or depredation of wildlifewild animals in accordance with federal, state and local law. "Person" means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. "Wildlife" means any non domesticated species of animJ including but not limited to coyotes, dccr, wild turkeys, fares cIa ks, raccooaa, pooc x-waquirrcls,ducks, geese, ravens, crows, and gulls.
"Wild animal" means and includes any non -domesticated species of animal, reptile, fowl, or fish which is not tame or gentle as found in nature but is of a wild nature or disposition, or which is known to be vicious, or which must be kept in confinement to be brought within the immediate power of the owner. "Wild animal" does not include any bird life except as otherwise provided by law, any hamster, guinea pig, white rats and/or mice, any nonpoisonous snake not exceeding six feet in length, any turtle, any nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, and any fish except piranha and walking catfish.
9.20.020 Wild animals not permitted in city – Exceptions.
It is unlawful for any person to keep or maintain or cause to be kept or maintained, within the city of Placentia any wild animal except those enumerated in Section 9.20.010 and as otherwise authorized by this code. This section shall not prohibit the keeping or maintaining of wild animals within the city of Placentia in the following locations:
A. Wild animals in zoos or museums—any wild animals which are kept confined in zoos or museums for the public to view;
B. Wild animals in bona fide, licensed veterinary hospitals for treatment; C. Wild animals may be maintained by bona fide educational institutions for the purpose of instruction, provided such wild animals are securely confined and are properly cared for in a manner satisfactory to Orange County Animal Control services.
2 9.20.030 Disturbing or taking Taking wildlife Wild Animals.
No person shall hunt, kill, wound, feed, touch, tease, frighten, or intentionally disturb wildllfewild animals— in any park, sports field, recreational area or open space except persons in the performance of their official duties, or in areas designated and under conditions established by the City to include the health and safety of the public.
9.20.040 Harassment of Animals
No person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agricultural crops. Feeding a wild animal, including, but not limited to, -ducks and squirrels is considered animal harassment. Cal. Code Reqs. Title 14, 251.1
9.20.050 Feeding of Wildlife Wild Animals Prohibited
A. No person shall purposely or knowingly feed wildlife -wild animals on public or private property in the City of Placentia.
B. No person shall feed anv wild animal on private property within the City of Placentia in a manner that constitutes a public nuisance.
%j Formatted: Font: (Default) Arial, 12 pt
Formatted: Normal, No bullets or numbering
C. No person shall leave or store any refuse, garbage, pet food, seed or birdseed, fruit, meat,dairy, vegetable, grain or other food in a negligent manner likely to feed wildlifewild animals.
D. No person shall fail to take remedial action to cease contact or conflict with wildlifewild animals, including to secure or remove outdoor refuse, cooking grills, pet food, backyard birdfeeders or any other similar food source or attractant, after being advised by the city to undertake such remedial action.
C.
9.20.060 Exceptions
The prohibitions in Section 9.20.050 do not apply to:
A. Landscaping, gardening, and/or maintaining vegetable gardens, fruit and nut trees or other plants, so long as such activities are not conducted for the purpose of feeding wildlifewild animals as defined in this chapter.
B. Feeding of birds, except wild turkeys, outdoors on private reside`ik propertica using bird feeders, to the mount a;:tbarizcd by law and subjcct to the following Formatted: Font: (Default) Arial, 12 pt
Formatted: Left, Indent: Left: 0.32", Hanging: 0.25",
Right: 0", No bullets or numbering, Tab stops: Not at
0.57"
requirements:
1. Bird fceds71 5W2 hia pIvnd at (oast five (5) fcct above thc ground and shalt be suspended on a cable or otherwise secured so as to prevent the bird feeder. frc'n Icoing asily accessible to othcr wildlifcwild animals.
2. The feeding shall notNNtittntaly interfere with the rtghta of o►rrEvnding property owners.
3. The arca below and around bird feedo;<a mint bo Icopt cl an and free of seed and an accumulation of feces.
4. No person 31 11 knowingly allow or permit bird feeders to become an attractant for rodents or othcr wildlifcwild animals other thwt Urds.
5. Bird fecdari .h -i be kcpt cl an to prevent thc sprgad of dis ase among wild bird 1-� Ia*iorx \
C-13. Baiting, for the purpose of trapping, feral cats as part of an approved Trap - Neuter -Release program.
C. Any property owner baiting, for the purpose of trapping, wildlife wild animals on their property when authorized by, and in accordance with, State law including but not limited to trapping gophers, house mice, moles, rats, and voles pursuant to Fish and Game Code section 4005(f); taking of certain mammals found injuring crops or property pursuant to Fish and Game Code section 4152; taking of certain nongame birds and mammals such as weasels,skunks, opossum, moles and rodents pursuant to 14 CCR § 472; or as otherwise permitted and authorized by State law.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Placentia hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Placentia, along with the names of the City Council voting for and against its passage. 4 PASSED, APPROVED AND ADOPTED THIS _ DAY OF 2023.
Ward Smith, Mayor
ATTEST:
Robert S. McKinnell
City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS.
CITY OF PLACENTIA }
1, Robert S. McKinnell, City Clerk for the City of Placentia, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. introduced and adopted at a Regular Meeting of the City Council of the City of Placentia held on the day of , 2023 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Witness my hand and the official seal of the City of Placentia this day of , 2023.
5 Robert S. McKinnell,
City Clerk