3.A.1 AGREEMENT WITH LEGION CONTRACTORS, INC. — Placentia City Council, May 2, 2023

Project No. 7902

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
THIS AGREEMENT (herein "Agreement"), is made and entered into this 2nd day of May, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and LEGION CONTRACTOR'S INC. (herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of park improvements that comply with all latest ADA accessibility requirements as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean LEGION CONTRACTOR'S INC. a California corporation located at 18008 Sky Park Circle, Suite 290, Irvine, CA 92614.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth

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in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

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

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

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

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

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

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, including the requirement that the facilities being constructed must comply with all applicable accessibility requirements, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services

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under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

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

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

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

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

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

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

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

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

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

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,

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neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

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

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

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of two million two hundred eighty-six thousand three hundred seventy-eight dollars and seventv-six cents ($2,286,378.76) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the

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contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than May 2nd, 2024, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Legion Contractors, Inc.

Attn: Amir Movafegh, President
18008 Sky Park Circle, Suite 290
Irvine, CA 92614
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

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For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

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

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

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

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

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

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

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

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

6.0 INSURANCE, INDEMNIFICATION AND BONDS

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

Conditions:

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

This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.

Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.

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The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.

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

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

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

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

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

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.

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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during

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the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

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

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

7.0 RECORDS AND REPORTS

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

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

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may

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retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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

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

8.0 GENERAL PROVISIONS

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

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

8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to

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bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

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

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

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

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

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

Project No. 7902

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City:

To Contractor:

City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Masoud Sepahi, City Engineer
Legion Contractors, Inc.

Attn: Amir Movafegh, President
70 Dorman Avenue, Suite 3
San Francisco, CA 94124

8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

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

Project No. 7902

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

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

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

Project No. 7902

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

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

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

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

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

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

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

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

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

Project No. 7902

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

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

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

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

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

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

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

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

Project No. 7902

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.

8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:

City Administrator
ATTEST:

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

CONTRACTOR
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number

Project No. 7902
Date:

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

Date:

Rosanna Ramirez, Deputy City
Administrator
APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City
Administrator

Page 1 of 2 ends

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

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

WHEREAS,
entered into a contract dated , with the City
referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO
requires Principal to file this bond to secure claims made in relation to the , as Principal, has
of Placentia (Obligee)
project.
, which
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

Page 2 of 2 ends

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

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

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

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 2023.
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
By
Title
Principal
By
Title

Page 1 of 1 ends

(Use of City form is required)

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

Business Address:

Telephone Number:

Date:

Print Name:

Signature:

Principal
Title

Page 1 of 1 ends

(Use of City form
is required)

TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.

You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.

If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:

CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No Telephone
CORPORATION:

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
( )

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

As a material inducement to the City to award the contract for Project No. 7902 to
, the undersigned ("Guarantor") has agreed to enter
into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project:
("the work").

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

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.

The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

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

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

Guarantor Date:

Contractor: By:

Title:

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ., a California corporation (hereinafter "Principal"), an Agreement, dated 20 ("Agreement") whereby Principal agreed to provide construction services including WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

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

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

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

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is

rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

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

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

ADDRESS
APPROVED:
required from all

CITY ATTORNEY

INSTRUCTIONS
(Seal)

PRINCIPAL
By X
x

ADDRESS
Two (2) Notarized Signatures
Corporations.

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

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

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

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

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

CITY OF PLACENTIA

PERFORMANCE BOND
Special requirements for construction/deconstruction waste CITY OF PLACENTIA MUNICIPAL CODE SECTION: 8.04.390
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has issued to ., a California corporation (hereinafter "Principal"), a permit, dated , 20 ("Agreement") whereby Principal agreed to comply with the City's Municipal Code Section 8.04.390 for includina
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

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

PRINCIPAL
By X

ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures required from all Corporations.

CITY ATTORNEY

INSTRUCTIONS

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

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

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

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

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

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

On at California.

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

EXHIBIT A

SCOPE OF SERVICES
The project includes providing all labor, materials, equipment, tools and incidentals as required to install park improvements, including ADA accessibility, as required by the Plans, Specifications and Contract Documents. The scope of work includes removal of existing sidewalk and other existing conditions throughout the park to allow construction of park improvements including, but not limited to, park parking lot pavement reconstruction, curb ramps, truncated domes, vehicular and pedestrian paths, drainage, curbs, relocation of existing signs and posts, pavement striping and markings, installation of playground equipment, bocce ball court and shade structure, site furnishings, landscaping, irrigation and electrical systems, and all items not mentioned but included in the plans and specifications. All work must be performed in accordance with the approved plans and specifications for this project.

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within One Hundred Thirty -Five (135) work days from the issuance of the Notice to Proceed.

EXHIBIT C

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

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

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

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

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

limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products-completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter-insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
• Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its

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

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

4. Properly completed Certificate of Insurance; and

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

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

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

2. Properly completed Certificate of Insurance.

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

insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.

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

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

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

3. Properly completed Certificate of Insurance.

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

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

G. Documentation
• The Certificate of Insurance shall include the following reference: Parque del Arroyo Verde Renovation Project — City Project No. 7902 • The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

ACCORD

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
04/04/2023
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).

NAME GT CLIENT CONTACT CENTER
(A/C, No, Ext): 888-333-4949 FAX No): 507-446-4664
PHONE
kirDAAss:CLIENTCONTACTCENTERC FEDINS.COM
INSURERS AFFORDING COVERAGE NAIC #
INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935
INSURED 497-082-8 INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 24 REVISION NUMBER: 0

PRODUCER

FEDERATED MUTUAL INSURANCE COMPANY
HOME OFFICE: P.O. BOX 328
OWATONNA, MN 55060
LEGION CONTRACTORS, INC.
18008 SKY PARK CIR STE 290
IRVINE, CA 92614-6431
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 PEN REDUr'ED BY PAID CLAIMS.

INSRTR TYPE OF INSURANCE

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE X OCCUR

ADDL SUBR
(NCR wvn

POLICY NUMBER
( M/DD/YVYY) (MSI/nrSvYvvl

X BUSINESS OWNER'S LIABILITY
A Y N 6155593 05/12/2022 05/12/2023
GEN L AGGREGATE LIMIT APPLIES PER:

X
POLICY
OTHER:

PRO- LOC
ECT
LIMITS

EACH OCCURRENCE
DAMAGErTO RENTED PREMISES
MED EXP (Any one person)

PERSONAL & ADV INJURY
1 GENERAL AGGREGATE

PRODUCTS & COMP/OP ACC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
X ANY AUTO BODILY INJURY (Per Person)
A }WNED AUTOS ONLY AUTOS ULED N N 6155594 05/12/2022 05/12/2023 BODILY INJURY (Per Accident) AIRED AUTOSOWNLY 43TOSONLY I tPorAcidnenDAMAGE

X UMBRELLA LIAB OCCUR

A EXCESS LIAB CLAIMS -MADE N N

DED (RETENTION

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

POLLUTION LIABILITY
A
$1,000,000
$100,000
$1,000,000
$2.000.000
$2,000,000
$1,000,000
EACH OCCURRENCE $2,000,000
6155595 05/12/2022 05/12/2023 (AGGREGATE
YIN PER STATUTE bTHER
CN/A E.L EACH ACCIDENT
E.L DISEASE EA EMPLOYEE
E.L DISEASE • POLICY LIMIT
N N 1814037 05/12/2022 05/12/2023 EA POLL INCIDENT

AGGREGATE
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

SEE ATTACHED PAGE

CERTIFICATE HOLDER CANCELLATION
497-082-8

CITY OF PLACENTIA
401 E CHAPMAN AVE
PLACENTIA, CA 92870-6101
24 0
$2,000,000
$1,000,000
$1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

AUTHORIZED REPRESENTATIVE
/0..044
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

AGENCY CUSTOMER ID: 497-082-8
AC I LOC #:

ADDITIONAL REMARKS SCHEDULE
AGENCY

FEDERATED MUTUAL INSURANCE COMPANY

POLICY NUMBER
SEE CERTIFICATE # 24.0

CARRIER

NAIC CODE

NAMED INSURED
LEGION CONTRACTORS, INC.
18008 SKY PARK CIR STE 290
IRVINE, CA 92614-6431
EFFECTIVE DATE: SEE CERTIFICATE # 24.0

Page 1 of 1 ends

SEE CERTIFICATE # 24.0

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CITY PROJECT #7902

PARQUE DEL ARROYO VERDE RENOVATION PROJECT

ADDITIONAL INSURED ALSO INCLUDE THE CITY OF PLACENTIA, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND

VOLUNTEERS

THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY.

The ACORD name and logo are registered marks of ACORD

FEDERATED INSURANCE COMPANIES
THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED BY CONTRACT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM
A. Paragraph C. Who Is An Insured is amended to include as an additional insured any person or organization, other than a joint venture, for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. 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 for the additional insured.

A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

This additional insurance does not apply to:

1. An employee, association of employees or labor union, except with respect to work performed by or for you for such employee, association of employees or labor union under direct contract between you as contractor and such employee, association of employees or labor union as owners;

2. Any railroad company except with respect to work performed by or for you for such railroad company under direct contract or agreement between you and such railroad company;

3. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of or the failure in preparation or approval of maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs, drawings, specifications or the performance of any other professional services by such person or organization; or

4. Any of your Subcontractors, or any partner, officer, agent or employee of such Subcontractor.

B. The Coverage extended to any additional insured by this endorsement is limited to, and subject to, all terms, conditions, and exclusions of the coverage form to which this endorsement is attached.

In addition, Coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance.

C. In the event that the Limits of Insurance shown in the Declarations exceeds the limits of liability required in a written contract or written agreement for an additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that written contract or written agreement.

D. Additional Exclusions
The insurance afforded to any person or organization as an insured under this endorsement does not apply:

1. To "bodily injury", "property damage" or "personal and advertising injury" which occurs prior to the date of your contract with such person or organization;

2. To "bodily injury" or "property damage" included within the "products - completed operations hazard"; or

3. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

BP -F-115 (07-09)
Policy Number: 6155593 Transaction Effective Date: 05-12-2022

®
ACRD
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,

CERTIFICATE OF LIABILITY INSURANCE
I DATE /MM+DDIYYYY)
11/22/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the palicy(ies) crust have ADDITIONAL INSURED provisions or he endorsed.

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

PRODUCER
Primary Source Insurance Agency Inc
121 E Park Square
Owatonna MN 55060

INSURED
Legon Contractors Inc
70 Dorman Ave Ste 3
San Francisco CA 941 24-1 80 9
COVERAGES CERTIFICATE NUMBER:
22-23 WC
CONTACT Adele Steiter
NAME.

PHONE (600)760-2609
INC. No. Extl.

ADDRESS: [email protected]
I INC. NCI: /877) 446-4631
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: State Comp Ins Fund

INSURER B

INSURER C
INSURER D .

INSURER E

INSURER F
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW -IAVE 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 HUUt SUE'R POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MAB/DDIYYYYI (MM1OD,YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY
CANIS -MADE n OCCUR

GEN'LAGGREGATE LIMIT APPLIES PER
PUL:CY 950-
JECT El LOC

OTHER -

AUTOMOBILE LIABILITY

ANY AUTO
- OWNED
- AUTOS ONLY
HIRED
- AUTOS ONLY

UMBRELLA UAB

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

EXCESS LIAB
DEG I 1 RETENTION $

WORKERS COMPENSATIOA

AND EMPLOYERS' LIABILITY

A ANY PROPRIETORIPARTNER'EXECUTIVE

OFFICER/MEMBER EXCLUDED,
(Mandatory in NH)
I1 ves, descr he raider
DESCRIPTION CF OPERATIONS below
OCCUR

CLAIMS -MADE
YiN
Y
NIA Y 9264599-22
11/21/2022 11121/2023
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is. required) BLANKET WAIVER OF SUBROGATION APPLIES TO THE WORK COMP POLICY.

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

CANCELLATION
EACH OCCURRENCE 0
DAMAGE 10 REN (ED
PREMISES (Ea occurrencel $
MED EXP (Any one person) 0
PERSONAL&ADV INJURY 0
GENERAL AGGREGATE $
PROL11UCTS-COMPIOPAGG $
$

COMBINED S,NGLE LIMIT
IEa accdentl
EODILY INJURY 1 Pe, person) $
SOD!Li INJURY (mer ceccent)
Y.`IOPERTY DAMAGE
!Per acc!denti
EACH OCCURRENCE 3
A5GREG4TE $
$

XI STATI TE I I EERH-

E L EACH ACCIDENT
E I_ DISEASE- EA EMPLOYEE
E.L DISEASE - POLICY LIMIT
1,000,000
$ 1.000,000
$ 1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

STATE

COMPENSATION

INSURANCE
FUND

ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS

BROKER COPY

HOME OFFICE
SAN FRANCISCO EFFECTIVE NOVEMBER 21, 2022 AT 12.01 A.M.

ALL EFFECTIVE DATES ARE AND EXPIRING NOVEMBER 21, 2023 AT 12.01 A.M.

AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

LEGION CONTRACTORS INC
70 DORMAN AVE STE #3
SAN FRANCISCO, CA 94124

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.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION BLANKET WAIVER OF

FOR WHOM THE NAMED INSURED SUBROGATION

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER
9264599-22

RENEWAL
NF
8-55-97-01
PAGE 1 OF 1

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE

OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2572

AUTHORIZED REPRESENT NE PRESIDENT AND CEO
SCIF FORM 10217 IREV.7-2014)
NOVEMBER 22, 2022
OLD DP 217

EXHIBIT E

CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:

A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.

Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.

Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum.

Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.

SECTION C

PROPOSAL
for the

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
in the

CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:

In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scone of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date mentioned in the Notice to Proceed or liquidated damages of $500 per workday will be applied.

BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of ninety days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project.

In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

C-1

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

Accompanying this proposal of bid, find Bidder's Bond in the amount of $10% of Total Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).

Bidder shall signify receipt of all Addenda here, if any:

Addenda No. Date Received
1 02/15/2023
2 02/22/2023
3 02/27/2023
4 02/28/2023
C-2
Bidder's Signature

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902

BID SCHEDULE
ITEM
NO. ITEMS DESCRIPTION

1. Mobilization (not to exceed 5% of total bid)

2. Traffic Control & Public Safety

3. Best Management Practices

4. Clearing & Grubbing

5. Demolition & Removals

6. Earthwork & Grading

7. Survey Markers, Monument Preservation and
Restoration & Construction Staking

8. Sawcut, Remove Existing & Construct AC
Paving

9. Pavement 2" Grind and Construct 2" AC
Overlay

10. Construct PCC Curb Ramp

11. Install 3/4" Diameter Type K Copper Water
Service Line

12. Install 6" Diameter PVC Schedule 80 Drain
Line

13. Install 2" Diameter PVC Schedule 80 Drinking
Fountain Drain Line

14. Install 3" Diameter PVC Schedule 40 Bocce
Court Drain Line

15. Install Drain Inlet / Catch Basin

16. Install Atrium Drain Inlet

17. Install Sump Drain

18. Remove and Replace Accessible Stall Signs

19. Signing, Striping, Marking and Pavement
Legends

20. Temporary Construction Fencing

21. Concrete Flatwork (4" Thick) Pedestrian

22. Concrete Flatwork (6" Thick) Vehicular

23. Stabilized Decomposed Granite (3" Thick)

24. Bocce Ball Court Decomposed Granite and
Oyster Flour Mix w/Filter Fabric & Drainage

QUANTITY UNIT
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
240 SF
8,600 SF
1 EA
50 LF
1,200 LF
60 LF
60 LF
18 EA
8 EA
3 EA
2 EA
1 LS
1 LS
12,860 SF
9,320 SF
2,064 SF
1 LS
C-3

UNIT PRICE
TOTAL
$ 95,000 $ 95,000
$ 5,000
$ 25,000
$ 80,000
$ 40,000
$ 90,000
$ 20,000
$ 20
$5
$ 4,000
$ 100
$ 12
$ 10
$ 10
$ 3,000
$ 500
$ 1,500
$ 500
$ 3,500
$ 12,000
$ 17
$ 20
$ 2.50
$ 9,000
$ 5,000
$ 25,000
S 80,000
S 40,000
S 90,000
$ 20,000
$ 4,800
$ 43,000
$ 4,000
$ 5,000
$ 14,400
$ 600
$ 600
$ 54,000
$ 4,000
$ 4,500
S 1,000
S 3,500
S 12,000
S 218,620
S 186,400
S 5,160
S 9,000

ITEM
NO. ITEMS DESCRIPTION QUANTITY
UNIT

UNIT PRICE TOTAL

25. Concrete Header (8" Wide)
413 LF

26. Concrete Curb (12" Wide) at Bocce Ball Court 210 LF

27. Concrete Playground Curb (16" Wide) at 346 LF
Planter
$ 30
$ 70
$ 75

28. Concrete Playground Curb (16" Wide) at 392 LF $ 75
Hardscape

29. Concrete Ramp at Playground 260 SF $ 15

30. Engineered Wood Fiber (16" Depth) 430 CY $ 75

31. Kompan Round About Supernova 1 LS $ 16,000

32. Playground Safety Inspection Report 1 LS $ 2,500

33. Restroom Improvements 1 LS
(Allowance of $20,000)

34. Shade Structure Pergola (37'-6" x 37'-6") 1 LS

35. 6' Bench
14 EA

36. 6" Diameter Removable Pipe Bollard w/Lock 2 EA
and In -Ground Base Plate
$ 20,000
$ 335,000
$ 2,800
$ 1,500

37. 58" Picnic Rectangular Table 16 EA $ 1,800

38. 68" ADA Picnic Rectangular Table 9 EA $ 1,800

39. Double Waste Receptacle 17 EA $ 2,800

40. Precast Ping Pong Table 1 EA $ 24,000

41. Bike Rack 6 EA $ 1,000

42. ADA Drinking Fountain w/Bottle Filler 1 EA $ 8,500

43. Hot Ash Receptacle 2 EA $ 2,500

44. BBQ 2 EA $ 2,500

45. 6" Diameter Pipe Permanent Bollard 1 EA $ 3,000

46. Soil Preparation and Fine Grading 90,678 SF $ 0.30

47. Weed Abatement 90,678 SF $ 0.02

48. Relocating Existing Boulders 5 EA $ 320

49. Trees - 24" Box 29 EA $ 450

50. Shrubs - 15 Gallon 58 EA $ 127

51. Shrubs - 5 Gallon 128 EA $ 27

52. Shrubs - 1 Gallon 1,116 EA $ 10

53. Turf - Sod 82,359 SF $ 1.20
C-4
$ 12,390
S 14,700
S 25,950
S 29,400
S 3,900
$ 32,250
$ 16,000
$ 2,500
$ 20,000
$ 335,000
$ 39,200
S 3,000
S 28,800
S 16,200
$ 47,600
$ 24,000
$ 6,000
$ 8,500
S 5,000
S 5,000
S 3,000
S 27,203.40
S 1,813.56
S 1,600
S 13,050
S 7,366
S 3,456
S 11,160
S 98,830.80

ITEM
NO.

ITEMS DESCRIPTION

QUANTITY
UNIT

UNIT PRICE
TOTAL

54. Irrigation System

55. Wood Mulch (3" Layer)

56. Ninety (90) Day Maintenance

57. Electrical
1 77
1 1
LS $ 207,000
CY $ 77
LS $ 10,000
LS $ 295,000
TOTAL BID PRICE WRITTEN IN FIGURES: $ 2,286,378.76
S 207,000
S 5,929
S 10,000
S 295,000
TOTAL BID PRICE WRITTEN IN WORDS:

Two Million, Two Hundred Eighty -Six Thousand, Three Hundred Seventy -Eight Dollars and Seventy Six Cents Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in this proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents. ***BID ITEMS TO BE INPUTTED ON-LINE VIA PLANETBIDS***
C-5

LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.

Portion Name and Address of Subcontractor State License Class of Work Number
D2L Construction, Inc. A, B, C-10
Electrical 543 Palisades Dr., Pacific Palisades, CA 1065415 C-20, C-36
Painting Jeff Painting 1007768
3415 S. Sepulveda Blvd., Suite 1100, Los Angeles, CA C 33 Asphalt Hardy & Harper Inc.

Concrete 32 Rancho Cir., Lake Forest, CA 215952 A, C-8, C-12 Wood Fiber Robertson Industries, Inc. 667261 C -61/D-12 2414 West 12th Street, Suite 5, Tempe, AZ
ABC Resources, Inc. 538680
Striping 1527 W State Street, Ontario, CA A, C-12, C-32 By submission of this proposal, the Bidder certifies:

1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing.

2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project.

C-6

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.

County of Orange
Amir Movafegh , being first duly sworn, deposes and says that he or she is President of Legion Con tractors, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Legion Contractors, Inc.

Name of Bidder
Signature of Bidder
Corporate: 70 Dorman Ave., Suite 3, San Francisco, CA 94124 Local: 18008 Sky Park Cir., Suite 290, Irvine, CA 92614 Address of Bidder
Subscribed and sworn to before me this 6th day of March , 2023.

NOTARY PUBLIC
SEE

ATTACHED
C-7

NOTARY SEAL

JURAT
A notary public or other officer complet 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 valldity of that document.

State of Cali mia
County of V rctVte,
Subscribed end swom to (or affirmed) before me on
this �� day of .\(r/- 20 2?,
by 4tr
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature
JENNIFER PHCUIMCHARfNH
Commessixi, 2394162
Nonny Pubic • Cai orris
ORANGE County
My Cams Expires FEB 16, 2026 I
(Seal)

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PARQUE DEL ARROYO VERDE RENOVATION PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.

The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.

Date: 03/06/2023
C-8
Legion Contractors, Inc.

Contractor
By Amir Movafegh
President
Title

DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
CI Yes ®No
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

C-9

WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Date: 03/06/2023
C-10
Legion Contractors, Inc.

Contractor
By Amir Movafegh
President
Title

UNDERGROUND SERVICE ALERT

IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY.

Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation.

Dig Alert Identification Number:

Legion Contractors, Inc.

Contractor
By Amir Movafegh
President
Title
Date: 03/06/2023
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request.

C-11

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Legion Contractors, Inc.

Bidder's Name
70 Dorman Ave., Suite 3
Business Address
San Francisco California 94124
City State Zip
( 415 ) 655-3535
Telephone Number
Amir Movafegh
Contact Name
1000543172
Contractor's DIR Public Works Registration Number
1061257 Classes A, B, C15, C36, C61/D12, C61/034
State Contractor's License No. and Class
12/11/2019
Original Date Issued
12/31/2023
Expiration Date
The work site was inspected byEric Borbely, Superintendent ofour office on February 22
, 2023.

The following are persons, firms, and corporations having a principal interest in this proposal:

Legion Contractors, Inc. - CA Corporation
Amir Movafeqh - President
C-12

The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.

Legion Contractors, Inc.

Signature of Bidder
Amir Movafegh, President
Printed or Typed Signature
Subscribed and sworn to before me this 6th day of March , 2023.

NOTARY PUBLIC
SEE

ATTACHED

NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:

1. City of Huntington Beach - 1706 Orange Ave., Huntington Beach, CA Name and Address of Public Agency
Name and Telephone No. of Project Manager:

Brian Polivka - (714) 536-5525
$2,738,000 Park Renovation
Contract Amount Type of Work

2. City of Long Beach & Camp Fire Angeles - 6525 DeForest Ave., Long Beach, CA Name and Address of Public Agency
Name and Telephone No. of Project Manager: Danny Kaye - (310) 351-0138 $744,000
Contract Amount
Park Renovation
Type of Work

3. San Jose Unified School District - 855 Lenzen Avenue, San Jose, CA Name and Address of Public Agency
Name and Telephone No. of Project Manager:
$1,263,000
Contract Amount
December 2022
Date Completed
January 2023
Date Completed
Mohammed Mhanna - (707) 438-3790
Site & Playground Renovation
Type of Work
C-13
February 2022
Date Completed

Signature
JENNIFER PHCUIMCHARfNH
Commessixi, 2394162
Nonny Pubic • Cai orris
ORANGE County
My Cams Expires FEB 16, 2026 I
(Seal)

RESPONSIBLE BIDDER — SUPPLEMENTAL QUESTIONNAIRE

1. How many years has your organization been in business in California as a contractor under your present business name and license number? 5 Years

2. What is your firm's Average Gross Revenue for the last three years? 4,285,000

3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ® No
If " yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number
Bankruptcy Court Date Filed

4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 2, above.)
❑ Yes A No
If " yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number
Bankruptcy Court Date Filed

5. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years?
❑ Yes A No

6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner?
❑ Yes ® No

7. Has your firm ever defaulted on a construction contract? ❑ Yes ® No
If "yes," explain on a separate page.

C-14

8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
❑ Yes ®No
If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action.

9. In the last five years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?
❑ Yes ® No
If "yes," on a separate page identify the year of the event, the entity denied the award, the owner, the project, and the basis for the finding by the public agency.

10. In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ® No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).

11.In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration?
❑ Yes ® No
If "yes," on a separate page identify the claim be providing the name of claimant, the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution.

12.At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private?
❑ Yes ® No
C-15

13. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?
❑ Yes ® No

14. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity?
❑ Yes ® No

15. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ® No
If "yes," explain on a separate page, including identifying who was convicted, the name of the victim, the date of the conviction, the court and case number, the crimes, and the grounds for the conviction.

16. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ® No
If "yes," identify on a separate page, the person or persons convicted, the court and case number, the crimes, and the year convicted.

17.If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so.
2 %

18. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm has no surety bond in place during a public construction project when on was required? ❑ Yes ® No

19. Has CAL OSHA cited and assessed penalties against the General Contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years?
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.)
❑ Yes ® No
C-16

If "yes," on separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any OSHAB decision.

20. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the General Contractor or its associates in the past five years?
(Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) ❑ Yes ® No
If "yes," on separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision.

21. Has there been more than one occasion during the last five years in which the General Contractor or its associates was required to pay either back wages or penalties for failure to comply with the state's prevailing wage laws? ❑ Yes ® No
If "yes," on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid an the amount of back wages and penalties that were assessed.

22. During the last five years, has there been more than one occasion in which the General Contractor or its associates have been penalized or required to pay back wages for failure to comply with the Federal Davis -Bacon prevailing wage requirements?
❑ Yes ® No
If "yes," on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid an the amount of back wages and penalties that were assessed.

C-17

DESIGN ENGINEER MAY NOT BID ON

CONSTRUCTION CONTRACT
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons(s), through joint ownership or otherwise.

ACKNOWLEDGED this
Irvine, California
Authorized Signature
President
Position
Legion Contractors, Inc.

Company
6th day of March , 2023 at
C-18

NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.

ACKNOWLEDGED this 6th day of March
Authorized Signature
President
Position
Legion Contractors, Inc.

Company
C-19
, 2023, at Irvine, California

Bond No.: LEGCO-149

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902

BIDDER'S BOND
(To Accompany Contract Proposal)

KNOW ALL MEN BY THESE PRESENTS,
That Legion Contractors, Inc. as PRINCIPAL, and
Great Midwest Insurance Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of said SURETY here under exceed the sum of $ Ten Percent Of The Total Amount Bid (10% Of Bid)

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above-mentioned bid to the City of Placentia for certain construction for which bids are to be opened through the electronic bid management system PlanetBids on March 2, 2023 for:

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902/7001
NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

C-20

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 27th day of February 2023.

BY: .ter
Legion Contractors, Inc.

PRINCIPAL
BY:
e'rP. fr
d
V v Title
(SEAL)
BY:

Great Midwest Insurance Company
SURETY
800 Gessner Road, Suite 600
Houston TX 77024
Address
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.

C-21

BID BOND

ACKNOWLEDGMENT OF SURETY
STATE OF C9,\.kn,tvl�
County of __ sTrow\sZ
ss
On this 6 •\." day of !\Ar ,/,-- h . 2023, A.D.
�Nn.t �"�.Cl\,l� 's► I personally apeared before me a
/\,n'av Vt Ar -)\C
(Notary Public, Judge or Other Officer)
in and for 7-v(wi, / County, tate of rn1;�nf ri-a
known to me to be the �J -1-)E ., F '�).-- of the corporation I- !..:1.--: -..vr .y- i
that executed the foregoing instrument and, upon -oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.

SEE

ATTACHED
(Notary Public, Judge or Other Officer)
C-22

JURAT
A notary public or other officer complet 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 Califqmia
County of U rct,i�tn
Subscribed end sworn to (or affirmed) before me on
this �->, day of N\o,\((, 20 2-?)
by -1r Nldv et-Feg
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature

JENNIFER PHCIM ACHARINH
Commis on 0 2394162
Notary Pubic - C.Gtomia
ORANGE Canny
My Cortin Expires FEB 16, 2026
(Seal)

POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint:

Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.

This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1u day of October, 2018 as follows:

Resolved, that the President, or any officer, be and hereby is. authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute an behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Minion dollars ($10,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company, Any Attorney -In -Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.

Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.

IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February, 2021

ACKNOWLEDGEMENT
BY

GREAT MIDWEST INSURANCE COMPANY
14,4, vetit
Mark W. Haushill
President
On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; chat he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation, .04, '+•, CHRISTINA BISHOP
'''�." iNotar Public,
y Sims 01 Texas
Comm. Expires 04.14-2026
ALF Notary ID 131090488

CERTIFICATE
BY
Christina Bishop
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.

Signed and Sealed at Houston, TX this 27th Day of February 20_2. �s1 wsv
v4
BY
K
Leslie K. Shaunt
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of CALIFORNIA
County of ORANGE
On February 27th, 2023
before me, ERIKA G. MORGAN. NOTARY PUBLIC,
personally appeared RANDY SPOHN
® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hcr/thcir authorized capacity (les), and that by his/hcr/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

ERIKA G. MORGAN
COMM. #2354018
NOTARY PUBLIC • CALIFORNIA o
r ORANGE COUNTY
4� s Comm. Expires May 5, 2025
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my-hapd and official seal.
�,
tore o otary

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL
El CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED

Z ATTORNEY-IN-FACT
❑ TRUSTEE(S)

LI GUARDIAN/CONSERVATOR
LI OTHER:

SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES)

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 15, 2023
SUBJECT: Addendum # 1
This letter comprises Addendum No. 1 for the above project, request for construction bid, issued by the City of Placentia on February 1, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

CLARIFICATIONS:

1. To Specifications, Section A, Notice Inviting Sealed Bids, Page A-2, Number 8 "Liquidated Damages" Last Sentence: Delete last sentence and replace with the following: Contractor shall have a total of 135 working days to complete the project once issued a Notice to Proceed.

2. To Specifications, Section C, Proposal, Page C-1, First Paragraph, Last Sentence: Delete last sentence and replace with the following: The undersigned agrees to complete the work within One Hundred Thirty -Five (135) working days, starting from the date mentioned in the Notice to Proceed or liquidated damages of $500 per workday will be applied.

3. To Specifications, Section A, Notice Inviting Sealed Bids, Page A-2, Add Number 10. Mandatory Pre -Bid Meeting: A mandatory pre-bid meeting will be held at the project site located at 1001 E. Palm Drive, Placentia, California 92870 on Wednesday, February 22, 2023 at 9:00 a.m. Failure to attend the mandatory pre-bid meeting shall give cause to deem your bid as non-responsive.

4. To Specifications, Section B, Instructions to Bidders, Page B-5, Number 20 "Questions to the Engineer", First Sentence: Delete first sentence and replace with the following: Any questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to Friday, February 24th, 2023 as specified in SECTION A.

Page 1 of 4 ends

QUESTIONS:

CITY OF PLACENTIA

1. Question: Is this project subject to a PLA (Project Labor Agreement), a PSA (Project Stabilization Agreement), a CBA (Collective Bargaining Agreement), a CWA (Community Workforce Agreement), or anything of that nature? Answer: No.

2. Question: Is this project subject to State Prevailing Wage Rates OR Federal Davis -Bacon Wage Rates? Answer: Per the Specifications, this project is subject to State Prevailing Wage Rates.
https://www.dir.ca.gov/OPRL/2022-2/PWD/index.htm

3. Question: Is a hard copy of Bidder's Bond required to be submitted to the City's office by/before the bid due date and time? Answer: A hard copy is not required to be submitted to the City's office by/before the bid due date and time, but it must be received no later than 5 business days after the bid opening date.

4. Question: Considering the projected Estimated value and the trades in the project, please confirm that the project duration is 60 working days.

Answer: See Addendum #1 Clarifications for revised number of working days.

5. Question: We would like to gain access to the electrical room and existing panels within the park's restroom. Will there be a job walk and if so what date and time? Answer: See Addendum #1 Clarifications for updated information on Mandatory Pre -Bid Meeting added.

6. Question: Please provide the Erosion Control Plan as mentioned in section 9-4.3 sheet E-24 of the specifications. Answer: Contractor will need to prepare and submit an Erosion Control Plan as a submittal.

7. Question: Please confirm if the City or the General Contractor will be responsible for material/compaction/compression testing such as for soils and concrete. If the Contractor is responsible, please provide a list of owner approved testing companies. Answer: All testing will be done per Greenbook and OC Public Works Standard Plans by the Contractor and must be performed by a State Certified Lab.

Page 2 of 4 ends

CITY OF PLACENTIA
Please sign the following page acknowledging Addendum No. 1 and include with your bid prior to submission. All other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

Sincerely,
MasoudSepahi, P.E., City Engineer
Pulte 3 of 4

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 15, 2023
SUBJECT: Addendum # 1
ADDENDUM ACKNOWLEDGMENT:

Firm Name:

Legion Contractors, Inc.

Authorized Signature:

Date: 03/06/2023
Amir Movafeg President
Acknowledgment of Receipt of Addendum # 1 is required by signing.

Page 4 of 4 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 22, 2023
SUBJECT: Addendum # 2
This letter comprises Addendum No. 2 for the above project, request for construction bid, issued by the City of Placentia on February 1, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

QUESTIONS:

1. Question: Landscape Plans call for BOBSOD from specific source West Coast Turf. Source has been contacted and only sell this specific product in ARIZONA. BANDERA BERMUDA is a substitute with equal similarities. Can this be adjusted to Bandera Bermuda? Answer: Bermuda (2 lbs per 1000 square feet) plus perennial rye (12 lbs per 1000 square feet) would be an approved alternative.

2. Question: Please provide direction as to which light standard footings will be flush grade or above grade as shown on sheet E2.1 details 2 and 4. No direction provided within bid documents. Answer: The S1 and S2 (4) light fixtures are to be raised 2'-6" above grade as shown on detail 2 sheet E2.1. The S3A and S3B footings should be elevated 6" above finish grade w/ 1/2" radiused edge to protect the lights from the lawn maintenance equipment.

3. Question: Please provide the City's designated playground installers contact information so they can be solicited for the installation of the remainder of the playground equipment and additional furnishings.

Answer: Anna Goodson (760) 599-7355.

4. Question: Keynote SS2 on sheet LC.1 calls for painting of restroom. Are we to assume this item is associated with bid item 33 Restroom Improvement Allowance? If not please provide access to restroom and an additional line item on the bid form for this scope of work. Answer: Access was provided at the Mandatory Pre -Bid Meeting and the cost is associated with Bid Item 33.

Page 1 of 4 ends

CITY OF PLACENTIA

5. Question: Keynote 11 and 12 sheet G.1/G.2 call out respective drain inlet/catch basins/atrium inlets detailed on sheet LD.1. These details do not exist. Please provide material specifications and associated installation details for these two items. Answer: Details are 4 and 5 on LD.2.

6. Question: Keynote 10 Sheets G.1/G.2 calls out for Sch 80 PVC drain pipe.

Can you please confirm this item as the use of the Sch 80 material is cost prohibitive unless there is a specific reason the engineer has specified it in lieu of Sch 40 or SDR -35 drain pipe? Answer: Sch 40 or SDR -35 would be acceptable.

7. Question: Keynote 15 sheet G.1/G.2 calls for 2" Sch 40 PVC drain pipe for the drinking fountain although bid item 13 and section 9-4.12/Sheet E-30 of the specifications call out for Sch 80 PVC. Please confirm the type of pipe to be used for the drinking fountain drain line. Answer: Sch 40 is acceptable.

8. Question: Keynote 14 sheets G.1/G.2 call out for a 3/4" copper water line.

No associated detail provided on sheet LD.1 as noted. Please provide missing installation detail. Answer: Standard 3/4" type k copper water line. See detail 1 sheet LD.3.

9. Question: Drinking fountain water line appears to connect to restroom building. Where in the building, at what depth, and to what size/material pipe does the proposed water line connect? Answer: Type k copper water line at an 18" min. depth or as indicated by the City Engineer. Connection to be made through the plumbing chase from the rear or north side. A connect made thru side wall of the prefab building that drops below grade immediately outside the building's foundation would be acceptable.

10. Question: Will the park remain open during construction? If so what are the protective measures needed to protect public safety? Answer: No, the park will be closed during construction of this project.

11. Question: Please provide access to the existing irrigation controller located within the restroom building as per note sheet LI.2 the Contractor is responsible for all repairs associated with the retrofitting of the existing controller. We would like to verify the amount of work required with this scope of work. Answer: Access was granted at the Mandatory Pre -Bid Meeting.

Page 2 of 4 ends

CITY OF PLACENTIA

12. Question: Who will be responsible for removing the owners playground installers concrete footing spoils? If it is within our scope of work please provide an estimated quantity and or allowance for bidding purposes.

Answer: The Contractor shall coordinate with the equipment installer.

13. Question: Engineered Wood Fiber Specification section 32 18 16 part 3 Section 3.02 F calls for wear mats to be installed under excessive wear areas as directed on plans. No callouts for wear mats can be found on plans and the majority of the equipment to be installed in an OFOI item. Please provide direction to supply and installation of wear mats. Answer: Wear mats will not be necessary for the engineering wood fiber.

14. Question: Can a subcontractor submit their estimate directly or only through a Prime Contractor? Answer: No, only Prime Contractors completing more than 51% of the work are allowed to submit a bid. A Prime Contractor must list on their subcontractors in their bid.

15. Question: When is the anticipated award date and anticipated Notice to Proceed date? Answer: The anticipated award date is March 21 and anticipated Notice to Proceed date would likely be April 1.

16. Question: Is the 90 day plant establishment period in addition to the 135 work day completion time? Answer: No, see Section 1.04 in Specs Sheet E-153.

17. Question: Will you please provide a bid item for the P6 Detectable Pavers with Curb per Detail 3/LD.2? Answer: These items are part of Bid Item 10 — Construct PCC Curb Ramp.

Please sign the following page acknowledging Addendum No. 2 and include with your bid prior to submission. All other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

Sincerely,
Masoud Sepahi, P.E., City Engineer

Page 3 of 4 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 22, 2023
SUBJECT: Addendum # 2
ADDENDUM ACKNOWLEDGMENT:

Firm Name: Legion Contractors, Inc.

Authorized Signature:

Date: 03/06/2023
Amir Movafegh, President
Acknowledgment of Receipt of Addendum # 2 is required by signing.

Page 4 of 4 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 27, 2023
SUBJECT: Addendum # 3
This letter comprises Addendum No. 3 for the above project, request for construction bid, issued by the City of Placentia on February 1, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

QUESTIONS:

1. Question: Please provide structural sheets/calculations for light post footings. No direction provided within bid documents other than reference to structural drawings. Answer: Contractor is responsible for construction of the Light pole foundations only. Contractor is not responsible for providing any structural calculations for the light pole foundations. See below for the design of the footing provided by City staff. Please see the structural details for construction of two types of foundations for the light poles.

FLUSH GRADE PpLETOP LIGHTING 1 4 ® �
30,1111131.1
.o,nsz:, `=—
' 1111=111= 111=111=111=111=111=11=I''
''IliI T ll1[ll1 I''
�IF. HIHIHII IIH'
31:1•1.111.11:441.1

CONCRETE FOUNDATION BY THE CONTRACTOR, USE
886 VERTICAL REBARS WITH #3 TIES @ 8" SPACING O.C.

REBAR CAGE TO BE 3" OFF THE BOTTOM OF FOOTINGS
AND ALL SIDES.

CONCRETE SHALL BE CLASS 559-C-3250, PER THE LATEST
GREEN BOOK SPECIFICATIONS.

CONDUIT TRANSITION DETAIL 1 5 ABOVE GRADE POLETOP LIGHTING ti 12

Page 1 of 7 ends

CITY OF PLACENTIA

2. Question: The Poligon Shade Structure is noted as a deferred submittal.

Please provide a footing detail and or allowance for bidding purposes.

Answer: As indicated on Sheet LD.3, the Poligon Shade Structure is for Reference Only and is to be used for preliminary planning and estimating only. The Contractor is to provide full shop drawings including details and structural calculations to the City for permitting and approvals. This is a lump sum bid item and includes all costs associated with the shade structure.
3, Question: Drinking fountain drain line appears to connect to restroom building. Where in the building, at what depth, and to what size/material pipe does the proposed water line connect? Answer: Contractor shall install and terminate the fountain drain line to the sewer line outside of the restroom building. There are no as -built drawings for the existing sewer lines, but for the estimating and bidding purposes, Contractors can assume the existing sewer line to be a 4" Diam. Clay pipe 5' outside of the restroom building. Contractors shall be required to install a clean-out at the connection junction, per the Building and Plumbing Code requirements.

4. Question: Regarding the Vehicular 6" Concrete Flatwork, Detail 2/LD.1 does not call for Thickened Edges. Other details on sheets LD.1 and LD.2 show Thickened Edges at the joins to the Concrete Flatwork. Can you please clarify what portion of the Vehicular 6" Concrete Flatwork is to be installed with Thickened Edges? Answer: Provide an 8" thickened edge along the perimeter per detail 4 sheet LD.1. Provide thickened edge at the transition (top of the ramp to walkway).

5. Question: Can you please provide bid items for the Zip Line (PE1), Single Swing (PE2), and Climbing Structures (PE 4, 5, 6 and 7)? Answer: All play components with the exception of the Kompan Round About Supernova have been purchased by the City and will be installed by the Manufacturer's installer.

6. Question: On bid schedule number 31 it calls out for the Kompan Round About Supernova. I don't see a bid item for the rest of the play equipment.

The Plans say Not Part of Contract. I just want to make sure that is the case.

Please confirm that the rest of the Play Equipment is NIC. Answer: All other play components have been purchased by the City and will be installed by the Manufacturer's installer. The Contractor shall be responsible for coordinating access and scheduling for the

Page 2 of 7 ends

CITY OF PLACENTIA
installation of the other components including grading, drainage and the placement of the woodchips.

7. Question: On plan sheet LC.1 Schedule 1.0 Hardscape and Paving Key P6 it calls out Detectable Pavers and zero Ht. Curb. Where on the bid schedule shall we put the cost for this item? I don't see a line item for the pavers or the zero Ht. curb and the 4" concrete base. Please clarify? Answer: Refer to Addendum #2.

8. Question: Can you please provide us with a detail for the Poligon Shade Structure footings for bid purpose? Answer: Refer to #2 answer above.

9. Question: Per Grading Plan sheet G., it calls out for construction note 9, 11, and 12 to see LD.1 for Details. These details are not on LD.1. Please provide us with details for these construction notes. Answer: For Construction Note 9 - the Bocce Ball Court is shown as Detail 9 sheet LD.1. For Construction Notes 11 and 12 — the Drain Inlet/Catch Basin and the Atrium Drain Inlet details are shown below.

NDS 6 ATRIUM POLYOLEFIN
GRAYE MTN U.V. INHIBITORS,
PMT No. 9O$, COLOR: GREEN

DRAIN PIPE
1111111111111111111
SLOPE 1,:r ORAN

MUSH GRADE
(SLOPE TO INLET
MIN.2%)
6 DRAIN PIPE (LENGTH AS

REQUIRED)
L(— COMPACT SOSO RADE
TO 90% RELATIVE

COMPACTION
NDS SPEE.O RASIN
5 ATRIUM DRAIN INLET
ORAN ROC (T C.F.)

SECTION
NDS.ff RDTNO. ADA

A COMPLIANT GRATE, GREEN
FINISH GRADE !SLOPE
MIN. 2%TO INLET)
NOTTG 4 I INLET f CATCH BASIN
SCALE
NCS EPEE 080* RISER
HOS. SPEEDRAN BASH

WITH LOCKING OUTLETS

DRAINPIPE
]• DRAM ROCK IT C.F.)

SECTION
NOT TD
SCALE

10. Question: Landscape Plans Calls out for BOBSOD but is only sold for Arizona state not in California will there be a change in this material? Any substitute that is acceptable. Answer: Refer to Addendum #1.

11. Question: In Addendum 2, question 5, there are no details 4 and 5 on plan sheet LD.2, as your answer refers to. Can you please provide these details? Answer: Refer to #9 answer above.

Page 3 of 7 ends

CITY OF PLACENTIA

12. Question: Addendum #2, Question 5. Please review and clarify. There is no details. Please specify. Answer: Refer to #11 answer above.

13. Question: Per Grading Plan sheet G., it calls out for construction note 9, 11, and 12 to see LD.1 for Details. These details are not on the plans and not on LD.1. Please provide us with details for these construction notes.

Answer: Refer to #9 answer above.

14. Question: Can you please provide us with a detail for the Poligon Shade Structure footings for bid purposes? Answer: Refer to #2 answer above.

15. Question: Please clarify your answer in Addendum 2 question 16. I thought it was verbally stated at the pre-bid meeting that the 90 -day plant establishment period was not a part of the 135 working day completion time.

Answer: To clarify, the 90 -day plant establishment period IS NOT part of the 135 working day contract. It is part of the warranty period.

16. Question: Please provide a basis for design for the Poligon Shade Shelter concrete footings for bidding purposes. No specification or direction provided as to PSI, size, or reinforcement. Answer: Refer to #2 answer above.

17. Question: Please provide the sign -in sheet for the mandatory pre-bid meeting. Answer: Screenshots of the two sign -in sheets are included below.

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Page 4 of 7 ends

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CITY OF PLACENTIA
Parque Del Arroyo Verde Renovation Project
City Project No. 7902
Mandatory Pre -Bid Meeting
Wednesday, February 22, 2023 at 9:00 AM
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18. Question: Does the original bid bond need to be delivered before bid opening? Answer: Refer to Addendum #1.

19. Question: Please provide as-built/historical drawings for the restroom building so the POC to the domestic water for the drinking fountain can be correctly bid. No direction provided as to type of material or required ball valve to be connected to. Answer: Include a 1" brass ball valve in the plumbing chase of the restroom building. Contractor shall review the existing potable water line to determine if a dielectric union is required. A backflow device may also be required per the code.

20. Question: Addendum 2 RFI response #5 vague. Detail 4 and 5 on Sheet LD2 do not exist in provided bid documents. Please specify a manufacturer and model number for the associated drain assemblies and inlet grates.

Answer: Refer to #9 answer above.

21. Question: The planting legend and sheet LP.3, note #13, mulch area is shown as 3" depth. The planting specifications shows 2" depth for mulch.

Please clarify what to use for bidding purposes. Answer: The specifications are correct. 2 inches is the minimum acceptable depth and will be required for substantial competition.

22. Question: The irrigation specifications 3.06 valves — requires a ball valve to be installed at each valve manifold (not shown on drawings). Please confirm this ball valve and piping can be the equal to the largest valve per manifold. Answer: Valves can be manifolded. It is unlikely to have 4 or more valves grouped together. Turf Rotors valves can be manifolded

Page 5 of 7 ends

CITY OF PLACENTIA
into groups of 2 or 2 as shown on the drawings and can utilize the one line size ball valve (sized to the largest valve). Drip zone kits all need their own ball valve as shown in the details for ease of maintenance.

Please sign the following page acknowledging Addendum No. 3 and include with your bid prior to submission. All other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

Sincerely,
Masoud Sepahi, P.E., City Engineer

Page 6 of 7 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 27, 2023
SUBJECT: Addendum # 3
ADDENDUM ACKNOWLEDGMENT:

Firm Name: Legion Contractors, Inc.

Authorized Signature:

Date: 03/06/2023
Amir Movafegh, President
Acknowledgment of Receipt of Addendum # 3 is required by signing.

Page 7 of 7 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 28, 2023
SUBJECT: Addendum # 4
This letter comprises Addendum No. 4 for the above project, request for construction bid, issued by the City of Placentia on February 1, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

CLARIFICATIONS:

1. To Specifications, Cover Sheet, "Bids Due and Opening": Delete date and replace with March 6, 2023.

2. To Specifications, Section A, Notice Inviting Sealed Bids, Page A-1, Number 2, First Sentence: Delete first sentence and replace with the following: Bid Opening Monday, March 6, 2023, at 2:00 P.M.

3. To Specifications, Section C, Proposal, Bidder's Bond, Page C-20, Third Paragraph: Delete and replace with the following: WHEREAS, said PRINICPAL has submitted the above-mentioned bid to the City of Placentia for certain construction for which bids are to be opened through the electronic bid management system PlanetBids on March 6, 2023, for:

PARQUE DEL ARROYO VERDE RENOVATION PROJECT, CITY
PROJECT NO. 7902.

4. To Plan Sheet LC.1 (Sheet 8 of 29), Landscape Construction Schedule, Table 2.0 Site Furniture, Item SF8 — Drinking Fountain ADA w/Bottle Filler:

Delete color "black" and replace with color "textured pyrite".

Page 1 of 3 ends

CITY OF PLACENTIA
Please sign the following page acknowledging Addendum No. 4 and include with your bid prior to submission. All other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

Sincerely,
Masoud Sepahi, P.E., City Engineer

Page 2 of 3 ends

CITY OF PLACENTIA

PARQUE DEL ARROYO VERDE RENOVATION PROJECT
CITY PROJECT NO. 7902
DATE: February 28, 2023
SUBJECT: Addendum # 4
ADDENDUM ACKNOWLEDGMENT:

Firm Name:

Legion Contractors, Inc.

Authorized Signature:

Date: 03/06/2023
Amir Movafegh, President
Acknowledgment of Receipt of Addendum # 4 is required by signing.

Page 3 of 3 ends

California Secretary of State
Electronic Certified Copy
I, ALEX PADILLA, Secretary of State of the State of California, hereby certify that the attached transcript of 2 pages is a full, true and correct copy of the original record in the custody of the California Secretary of State's office.
1- 0F'• IN WITNESS WHEREOF, I execute

4..:;e17. -7,1..R714 this certificate and affix the Great 7,r Seal of the State of California on
m , this day of April 03, 2020
o,

ALEX PADILLA
Secretary of State
Verification Number: P4A7GW6
Entity (File) Number: C4282259
To verify the issuance of this Certificate, use the Verification Number above with the Secretary of State Electronic Verification Search available at bizfile. sos. ca.gov

California Secretary of State
Electronic Filing
Corporation - Statement of Information
FILED
Secretary of State
State of California
Entity Name: LEGION CONTRACTORS, INC
Entity (File) Number:

File Date:

Entity Type:

Jurisdiction:

Document ID:

Detailed Filing Information

1. Entity Name:

2. Business Addresses:
a. Street Address of Principal
Office in Califomia:
b. Mailing Address:
c. Street Address of Principal
Executive Office:

3. Officers:
a. Chief Executive Officer:
b. Secretary:

C4282259
04/01/2020
Corporation

CALIFORNIA
GE58272

LEGION CONTRACTORS, INC
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
Amir Movafegh
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
Amir Movafegh
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
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California Secretary of State
Electronic Filing
Officers (cont'd):
c. Chief Financial Officer:

4. Director:

Amir Movafegh
70 Dorman Ave. Unit #3
San Francisco, California 94124
United States of America
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Amir Movafegh 0
70 Dorman Ave. Unit #3 <
San Francisco, California 94124 a
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70 Dorman Ave. Unit #3 0
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United States of America
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6. Type of Business: Construction Services j
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By signing this document, I certify that the information is true and correct and that I am authorized by 0 California law to sign.

Electronic Signature: Amir Movafegh
Use bizfile.sos.ca.gov for online filings, searches, business records, and resources.

Document ID: GE58272
Use bizfile.sos.ca.gov to verify the certified copy.

Placentia City CouncilMay 2, 2023

Placentia City Council
May 2, 2023