Placentia City Council
May 16, 2023

POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or
Organization(s):

Location and Description of Completed Operations
All persons or organizations where written contract
with the Named Insured requires additional insured
completed operations coverage. This form does not
apply to your work on residential property.

Any location where you perform work for such
additional insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "products -
completed operations hazard".

CG 20 37 07 04
© ISO Properties, Inc., 2004 Page 1 of 1 ❑

POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTING INSURANCE
(THIRD -PARTY)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Third Party:

All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:

4. Other Insurance:

With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy.

NX GL 009 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission

POLICY NUMBER: AES1232238 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against the
person or organization shown in the Schedule above
because of payments we make for injury or damage
arising out of your ongoing operations or "your work"
done under a contract with that person or organization
and included in the "products -completed operations
hazard". This waiver applies only to the person or
organization shown in the Schedule above.

CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) I I . EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR - DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO - COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH MCA85100817-CA
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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BUSINESS AUTO COVERAGE FORM
NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.

Coverage under this provision is afforded only until the end of the policy period.

Coverage does not apply to an "accident" which occurred before you acquired or formed the organization.

II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.

IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

V. SUPPLEMENTARY PAYMENTS
SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

MCA85100817-CA
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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VI. FELLOW EMPLOYEE COVERAGE:

SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance.

VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:

We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.

VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.

IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:

This exclusion does not apply to the accidental discharge of an airbag.

MCA85100817-CA
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:

4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.

The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss.

XI. GLASS REPAIR — DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

No deductible applies to glass damage if the glass is repaired rather than replaced.

XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

If two or more "company" policies or coverage forms apply to the same accident:

1. If the applicable Business Auto deductible is the smallest, it will be waived; or

2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or

3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.

For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.

XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.

Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:

5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:

Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.

XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

1. Any covered "auto" you lease, hire, rent or borrow; and

2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

MCA85100817-CA
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.

XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

MCA85100817-CA
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2.50% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any Person or Organization As Required by Written Contract.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/19/2022 Policy No. CWC00250301 Endorsement No. 3 Insured Asad Holdings L.L.C. Premium $3,139
Insurance Company: Clear Spring Property and Casualty Company Countersigned by:

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE MAY 16, 2023
SUBJECT: AWARD OF CONTRACT TO MARIPOSA LANDSCAPES, INC., FOR MEDIAN

AND PARKWAY LANDSCAPE MAINTENANCE SERVICES
FISCAL
IMPACT: EXPENSE: $279,575.91 ANNUAL CONTRACT AMOUNT
PROPOSED BUDGET: $279,575.91 FISCAL YEAR 2023-24 OPERATING BUDGET (103655-6115, 173555-6115, 296561-6115)
SUMMARY:

The City's current agreement for landscape maintenance services provides for the routine maintenance of all the City's landscaped medians and parkways and is scheduled to expire on June 30, 2023. The scope of services under this proposed agreement includes general landscape maintenance, turf grass maintenance, weed control, fertilization, shrub and groundcover maintenance, and irrigation system maintenance. The City issued a notice inviting bids for these services and bids were received on April 20, 2023, from six (6) contractors.

Mariposa Landscapes, Inc., was deemed the lowest responsive and responsible bidder. This action will award a three-year agreement with a potential two (2) year term extension to Mariposa Landscapes, Inc, in an annual not -to -exceed amount of $279,575.91 and a cumulative three-year contract not -to -exceed amount of $838,727.73.

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

1. Approve a Professional Services Agreement with Mariposa Landscapes, Inc., for Median and Parkway Landscape Maintenance Services in an amount not -to -exceed $279,575.91 per year for an initial three (3) year contract term with the option to extend for an additional two-year term; and

2. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract not -to -exceed amount; and

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

1.f.

May 16, 2023

City Council Agenda
May 16, 2023

4. Authorize the City Administrator to approve the eligible contract term extension an additional two-year term based upon contractor performance and at the discretion of the City.

STRATEGIC PLAN STATEMENT
There is no specific strategic planning goal or objective associated with this agenda item.

DISCUSSION:

The City's current contract for median and parkway landscape maintenance services is set to expire on June 30, 2023. Medians, parkways, and other landscaped areas included in the City's Landscape Maintenance District 92-1 are also included in this contract. The contract scope of work provides for routine turf grass and landscape maintenance as well as pest and rodent control, weed control, and irrigation system maintenance. In addition, the contractor will provide 20,000 square feet of new sod for refurbishment repairs on an annual basis, as well as fresh mulch for all planter beds annually at no additional cost to the City.

On April 20, 2023, the City received six (6) bids from contractors to provide these services. The following table provides the bid amounts received from each contractor:

Contractor
Bid Amount
Mariposa Landscapes, Inc.
$279,575.91
Priority Landscape Services, LLC.
$299,199.00
Greentech Landscape Inc.
$306,196.00
Nieves Landscaping Inc.
$342,684.25
Colt Landscape, Inc
$345,540.00
J. Orozco Enterprises, Inc
$505,432.49
Staff reviewed the bids received for mathematical and other errors. The low bid received was submitted by Mariposa Landscapes Inc., (Mariposa) in the amount of $279,575.91, who the City has contracted with in the past for these services. Based on the low bid received, as well as Mariposa's past performance serving the City, Staff recommends the City Council award a contract for Median and Parkway Landscape Maintenance Services to Mariposa Landscapes, Inc.

FISCAL IMPACT:

The agreement with Mariposa Landscapes, Inc. is for an annual not -to -exceed amount of $279,575.91. The term of the agreement is three (3) years for a cumulative three-year not -to - exceed contract amount of $838,727.73, with the option to extend for one (1) additional two-year term based upon contractor performance and at the discretion of the City. Funding for Median and Parkway Landscape Maintenance Services has been included in the proposed Fiscal Year 2023-24 Operating Budget.

City Council Agenda
May 16, 2023

Prepared by:

Joel Cardenas
Public Works Superintendent
Reviewed/and japproved
Luis Estevez
Deputy City Administrator
Reviewed and approved:

Jennifer Lampman
Director of Finance
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachment:

Professional Services Agreement with Mariposa Landscapes, Inc.

CITY OF PLACENTIA

MAINTENANCE SERVICES AGREEMENT
WITH
MARIPOSA LANDSCAPES, INC.

THIS AGREEMENT is made and entered into this 1st day of July, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Mariposa Landscapes, Inc.., a California corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide median and parkway maintenance services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within Califomia Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and Califomia employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Govemment Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance reqirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 Mariposa Landscapes, In,
Rev. 05/2023

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultants covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Two -Hundred and Seventy -Nine Thousand, Five -Hundred Seventy -Five Dollars and Ninety-one Cents ($279,575.91) per year, or a cumulative amount of Eight -Hundred Thirty -Eight Thousand, Seven -Hundred and Twenty -Seven Dollars and Seventy -Three Cents ($838,727.73) over the initial three-year contract term.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or 3 Mariposa Landscapes, Inc.

Rev. 05/2023

diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on July 1, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for an additional two-year term based on the City's discretion and contractor performance.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of 4 Mariposa Landscapes, Inc.

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record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scone and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in Califomia, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant 5 Mariposa Landscapes, Inc.

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agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.

If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole 6 Mariposa Landscapes, Inc.

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cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

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

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

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

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

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
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6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

Mariposa Landscape Inc.
6232 Santos Diaz Street,
Irwindale, CA, 91702
Tel: 1-800-794-9458
Attn: Terry Noriega, President
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714993-8148
Attn: Joel Cardenas

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be govemed by and construed under the laws of the State of Califomia without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, Califomia. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant 8 Mariposa Landscapes, Inc.

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of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby 9 Mariposa Landscapes, Inc.

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agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

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

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

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
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6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

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

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

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

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

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right 11 Mariposa Landscapes, Inc.

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or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
12 Mariposa Landscapes, Inc.

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of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Date:

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Joel Cardenas, Project Manager
DEPARTMENTAL APPROVAL:

Date:

Luis Estevez, Deputy City Administrator
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EXHIBIT A

CONSULTANT'S PROPOSAL
14 Mariposa Landscapes, Inc.

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III. BIDDER'S PROPOSAL FORM

PARKWAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES

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

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

BID FOR MEDIAN AND

PARKWAY LANDSCAPE

MAINTENANCE SERVICES
Southside Rolling Hills Drive —
Placentia Avenue to Tri-City Park

0.11 acres
Item No. Quanti
1 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$7.75
$186.00
24 WEEK
Weed Control
$8.13
$195.12
24 BI -
WEEKLY
Turf Grass Maintenance
$6.38
$153.12
1 EACH
Fertilization
$11.88
$11.88
12 MONTHLY
Landscape / Vine Maintenance
$10.38
$124.56
24 WEEKLY
Irrigation System Maintenance
$9.63
$231.12
Subtotal
$901.80
East side of Gilman Circle — includes cul-de sac and island

0.2 acres
Item No. Quanti
2 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$14.10
$338.40
24 Bl-
WEEKLY
Weed Control
$14.78
$354.72
12 MONTHLY
Landscape / Vine Maintenance
$18.87
$226.44
1 EACH
Fertilization
$21.60
$21.60
24 BI -
WEEKLY
Irrigation System Maintenance
$17.51
$420.24
24 Bl-
WEEKLY
Turf Grass Maintenance
$11.60
$278.40
Subtotal
$1,639.80
City of Placentia
Bid No. PW-CY 06

Bastanchury Road at Valencia Avenue — Incl. corner parkways at NWC, NEC, SEC

0.5 acres
Item No. Quantity
3 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$35.24
$845.76
24 Bl-
WEEKLY
Weed Control
$36.95
$886.80
24 BI -
WEEKLY
Turf Grass Maintenance
$28.99
$695.76
12 MONTHLY
Landscape Maintenance
$47.18
$566.16
1 EACH
Fertilization
$54.00
$54.00
24 BIWEEKLY
Irrigation System Maintenance I
$43.77
$1,050.48
Subtotal
$4,098.96
North Side of Palm Drive — 200 feet east of Placentia Avenue to Tuffree Boulevard

0.22 acres
Item No. Quanti
4 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$15.51
$372.24
24 BI -
WEEKLY
Weed Control
$16.26
$390.24
24 WEEKLY
Turf Grass Maintenance
$12.76
$306.24
12 MONTHLY
Landscape / Vine Maintenance
$20.76
$249.12
1 EACH
Fertilization
$23.76
$23.76
24 W BI LY
Irrigation System Maintenance
$19.26
$462.24
i Subtotal
$1,803.84
East side of Kraemer and north side of Alta Vista — Madison to Hollyhock

0.8 acres
Item No. Quanti
5 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$56.39
$1,353.36
24 BI -
WEEKLY
Weed Control
$59.12
$1,418.88
24 BI -
WEEKLY Turf
Grass Maintenance
$46.38
$1,113.12
12 MONTHLY
Landscape / Vine Maintenance
$75.49
$905.88
1 EACH
Fertilization
$86A0
$86.40
24 BI -
WEEKLY
Irrigation System Maintenance
$70.03
$1,680.72
Subtotal
$6,558.36
City of Placentia
Bid No. PW-CY 06

South side of Alta Vista — All American Way to 100 feet west of Lyons Way

0.43 acres
Item No. Quanti
6 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$30.31
$727.44
24 BI -
WEEKLY
WeedControl
$31.78
$762.72
12 MONTHLY
Landscape / Vine Maintenance
$40.58
$486.96
1 EACH
Fertilization
$46.44
$46.44
24 BI -
WEEKLY
Irrigation System Maintenance
$37.64
$903.36
24 WEEKLY
Turf Grass Maintenance
$24.93
$598.32
Subtotal
$3,525.24
East side of All American Way — Alta Vista to 100 feet south of Dartmouth Drive

0.12 acres
Item No. Quanti
7 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$8.46
$203.04
24 Bl-
WEEKLY
WeedControl
$8.87
$212.88
24 Bl-
WEEKLY
Landscape Maintenance
$11.32
$271.68
Subtotal
$687.60
Angelina Drive on west side — Kraemer to Jr. High School Parking Lot

0.09 acres
Item No. Quanti
8 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Daily Maintenance
$6.34
$152.16
24 Bl-
WEEKLY
WeedControl
$6.65
$159.60
12 MONTHLY
Landscape Maintenance
$8.49
$101.88
24 WEEKLY
Irrigation System Maintenance
$7.88
$189.12
Subtotal
$602.76
City of Placentia
Bid No. PW-CY 06

North side of Chapman Avenue — Mission Way to Central Avenue

0.65 acres
Item No. Quanti
9 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$45.82
$1,099.68
12 MONTHLY
Weed Control
$48.03
$576.36
12 MONTHLY
Landscape / Vine Maintenance
$61.33
$735.96
1 EACH
Fertilization
$70.20
$70.20
24 BI -
WEEKLY
Irrigation System Maintenance
$56.90
$1,365.60
24 B l-
WEEKLY
Turf Grass Maintenance
$37.69
$904.56
Subtotal
$4,752.36
South side of Chapman Avenue — San Jose Lane to 200 feet east of Mission Way

1.3 acres
Item No. Quanti
10 Unit
Description
Unit Price
Annual Price
24 BI
WEEKLY
General / Daily Maintenance
$91.63
$2,199.12
24 BI-
WEEKLY
Weed Control
$96.07
$2,305.68
24 BI-
WEEKLY
Turf Grass Maintenance
$75.38
$1,809.12
12 MONTHLY
Landscape / Vine Maintenance
$122.67
$1,472.04
1 EACH
Fertilization
$140.41
$140.41
24 BI-
WEEKLY
Irrigation System Maintenance
g
$113.80
$2,731.20
Subtotal
$10,657.57
Placentia Avenue Median, sidewalk and sidewalk cut outs with vines maintenance — Santa Fe to Crowther
Item No. Quanti
11 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$10.57
$253.68
24 BI -
WEEKLY
Weed Control
$11.08
$265.92
24 WEEKLY
Landscape Maintenance
$14.15
$339.60
24 BI -
WEEKLY
Irrigation System Maintenance
$13.13
$315.12
Subtotal
$1,174.32
City of Placentia
Bid No. PW-CY 06

MEDIANS
Kraemer Boulevard — North City Limit to Chapman Ave

3.0acres
Item No. Quanti
12 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$236.47
$2,837.64
12 MONTHLY
WeedControl
$301.96
$3,623.52
12 MONTHLY
Landscape Maintenance
$280.13
$3,361.56
12 MONTHLY
Irrigation System Maintenance
$185.54
$2,226.48
Subtotal
$17,462.64
Bastanchury Road — Gilman Circle to Valencia Avenue

1.44 acres
Item No. Quant
13 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$106.41
$1,276.92
12 MONTHLY
WeedControl
$83.49
$1,001.88
12 MONTHLY
Landscape Maintenance
$135.88
$1,630.56
12 MONTHLY
Irrigation System Maintenance
$126.06
$1,512.72
Subtotal
$7,858.08
Yorba Linda Boulevard Bradford to Seville St.

1.54 acres
Item No. Quanti
14 Unit
Description
Unit Price
Annual Price
24 BI-
WEEKLY
General Maintenance
$153.20
$3,676.80
12 MONTHLY
Weed Control
$113.80
$1,365.60
12 MONTHLY
Landscape Maintenance
$145.32
$1,743.84
12 MONTHLY
Irrigation System Maintenance
$134.81
$1,617.72
Subtotal
$8,403.96
Chapman Avenue — Angelina Drive to Orangethorpe Avenue

1.34 acres
Item No. Quantit
15 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$133.30
$3,199.20
12 MONTHLY
Weed Control
$99.02
$1,188.24
12 MONTHLY
Landscape Maintenance
$126.44
$1,517.28
12 MONTHLY
Irrigation System Maintenance
$117.30
$1,407.60
Subtotal
$7,312.32
City of Placentia
Bid No_ PW-CY 06

Rose Drive — Yorba Linda Boulevard to Orangethorpe Overcrossing

1.8 acres
Item No. Quanti
16 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$179.07
$4,297.68
12 MONTHLY
Weed Control
$133.02
$1,596.24
12 MONTHLY
Landscape Maintenance
$169.85
$2,038.20
24 Bl-
WEEKLY
Irrigation System Maintenance
$157.57
$3,781.68
Subtotal
$11,713.80
Madison Avenue — Kraemer to Windflower Lane

0.03 acres
Item No. Quanti
17 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Civic Center/City Hall and Library — 401 E. Chapman Avenue 5 acres
Item No. Quanti
18 Unit
Description
Unit Price
Annual Price
365
DAILY
General Daily Maintenance
$105.73
$38,591.45
24 WEEKLY
Weed Control
$110.85
$2,660.40
52 WEEKLY
Turf Grass Maintenance
$86.97
$4,522.44
24 WEEKLY
Landscape Maintenance
$141.54
$3,396.96
1 EACH
Fertilization
$162.01
$162.01
24 BI -
WEEKLY
Irrigation System Maintenance
$131.31
$3,151.44
Subtotal
$52,484.70
City of Placentia
Bid No. PW-CY 06 Page 38 of 65

LANDSCAPE MAINTENANCE DISTRICT
Landscape Maintenance District 1 — Various Locations
Item No. Quanti
19 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$238.25
$5,718.00
12 MONTHLY
Weed Control
$249.77
$2,997.24
24 BI -
WE
Landscape Maintenance
$318.94
$7,654.56
1 EACH
Fertilization
$365.05
$365.05
24 BI -
WEEKLY
Irrigation System Maintenance
$295.89
$7,101.36
B24 WE
TurfTurf Grass Maintenance
$195.98
$4,703.52
Subtotal
$28,539.73
Landscape Maintenance District 2 — Various Locations
Item No. Quanti
20 Unit
Description
Unit Price
Annual Price
24 WEEKLY
General Maintenance
$181.86
$4,364.64
12 MONTHLY
Weed Control
$190.66
$2,287.92
24 BI -
WEEKLY
Landscape Maintenance
$243.45
$5,842.80
1 EACH
Fertilization
$278.65
$278.65
24 WEEKLY
Irrigation System Maintenance
$225.85
$5,420.40
24 WEEKLY
Turf Grass Maintenance
$149.59
$3,590.16
Subtotal
$21,784.57
Landscape Maintenance District 3 — Various Locations
Item No. Quantit
21 Unit
Description
Unit Price Annual Price
24 WBI-
EEKLY
General Maintenance
$165.64
$3,975.36
12 MONTHLY
Weed Control
$173.66
$2,083.92
24 BI -
WEEKLY
Turf Grass Maintenance
$136.26
$3,270.24
24 BI -
WEEKLY
Landscape Maintenance
$221.75
$5,322.00
1 EACH
Fertilization
$253.81
$253.81
24 WEEK
Irrigation System Maintenance
$205.72
$4,937.28
Subtotal
$19,842.61
City of Placentia
Bid No. PW-CY-06

Landscape Maintenance District 4 — Various Locations
Item No. Quanti
22 Unit
Description
Unit Price
Annual Price
24 WEEKLY
General Maintenance
$102.21
$2,453.04
12 WEEK
Weed Control
$107.15
$1,285.80
24 Bl-
WEEKLY
Turf Grass Maintenance
$84.07
$2,017.68
24 BI -
WEEKLY
Landscape Maintenance
$136.82
$3,283.68
1 EACH
Fertilization
$156.61
$156.61
24 BI -
WEEKLY
Irrigation System Maintenance
$126.93
$3,046.32
Subtotal
$12,243.13
City of Placentia
Bid No. PW-CY 06 Page 40 of 65

ENTRY ISLANDS
All American Way and Alta Vista
Item No. Quan
23 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$8.46
$101.52
12 MONTHLY
Weed Control
$8.87
$106.44
12 MONTHLY
Landscape Maintenance
$11.32
$135.84
Subtotal
$343.80
All American Way — East side between Alta Vista and Chapman Item No. Quantity Unit
24 Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$8.46
$101.52
12 MONTHLY
Weed Control
$8.87
$106.44
12 MONTHLY
Landscape Maintenance
$11.32
$135.84
12 MONTHLY
Irrigation System Maintenance
$10.50
$126.00
Subtotal
$469.80
Bastanchury Road — South side and Geeting Place
Item No. Quanti
25 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$12.69
$152.28
12 MONTHLY
Weed Control
$13.30
$159.60
12 MONTHLY
Landscape Maintenance
$16.99
$203.88
12 MONTHLY
Irrigation System Maintenance
$15.76
$189.12
Subtotal
$704.88
Bastanchury Road — South side and Kelleher Place
Item No. Quanti
26 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$12.69
$152.28
12 MONTHLY
Weed Control
$13.30
$159.60
12 MONTHLY
Landscape Maintenance
$16.99
$159.60
Subtotal
$515.76
City of Placentia
Bid No. PW-CY-06

Bastanchury Road — South side and Jones Place
Item No. Quantit
27 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$7.75
$93.00
12 MONTHLY
Weed Control
$8.13
$97.56
12 MONTHLY
Landscape Maintenance
$10.38
$124.56
Subtotal
$315.12
Bickford Street and Kraemer Boulevard
Item No. Quanti
28 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Bradford Avenue between Demmer Drive and Demmer Place
Item No. Quanti
29 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$7.75
$93.00
12 MONTHLY
Weed Control
$8.13
$97.56
24 BI -
WEEKLY
Turf Grass Maintenance
$6.38
$153.12
1 EACH
Fertilization
$11.88
$11.88
24 Bl-
WEEKLY
Irrigation System Maintenance
$9.63
$231.12
Subtotal
$586.68
Brookhaven Avenue and Yorba Linda Boulevard
Item No. Quanti
30 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONHTLY
Weed Control
$5.91
$70.92
12 MONHTLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
City of Placentia
Bid No. PW-CY-06

Brower Avenue and Brookhaven Avenue
Item No. Quanti
31 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONHTLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Item No. Quanti
32 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Central Avenue — South side at Chapman
Item No. Quan
33 Unit
Description
Unit Price
Annual Price
12 MONTHLY
T
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Cherokee Avenue and Golden
Item No. Quanti
34 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
City of Placentia
Bid No. PW-CY-06 Page 43 of 65

Christenson Drive and South Bickford Street
Item No. Quanti
35 Unit
Descriotion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Clairmont Avenue and Placentia Avenue
Item No. Quanti
36 Unit
Descriotion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Golden Way south side and Golden Avenue
Item No. Quanti
37 Unit
Descriotion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$10.28
$123.36
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$284.88
Hudson Drive and Kraemer Boulevard
Item No. Quanti
38 Unit
Descriotion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Jasmine Circle and Alta Vista Street
Item No. Quantit
39 Unit
Descriotion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$13.19
$158.28
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
City of Placentia
Bid No. PW-CY-06

London Circle and Madison Avenue
Item No. Quanti
40 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
_
$84.00
Subtotal
$313.20
Longfellow Way and Bastanchury Road
Item No. Quantity
41 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Macinnes Place and Bastanchury Road
Item No. Quanti
42 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Michel Way and Bastanchury Road
Item No. Quanti
43 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Mission Way and Chapman Avenue
Item No. Quantity Unit
44 Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
_
$90.60
Subtotal
$229.20
City of Placentia
Bid No. PW-CY-06

Monte Carlo Way and Rolling Hills Drive
Item No. Quantity
45 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Montessori Drive and Placentia Avenue
Item No. Quanti
46 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Navajo Avenue and Golden Avenue
Item No. Quanti
47 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONHTLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Palm Drive and Aldrin Way
Item No. Quantit
48 Unit
Description
Unit Price
Annual Price
12 MONTHLY '
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Palm Drive and Collins Way
Item No. Quantity Unit
49 Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
City of Placentia
Bid No. PW-CY-06

San Anselmo Lane and Chapman Avenue
Item No. Quantity
50 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$70.92
Subtotal
$229.20
San Gabriel Lane and Chapman Avenue
Item No. Quantit
51 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
y$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance •
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
San Jose Lane and Chapman Avenue
Item No. Quantit
52 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
Sarah Way and Bastanchury Road
Item No. Quantit
53 Unit
Description
Unit Price
Annual Price
12 -

MONTHLY
General / Daily Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
City of Placentia
Bid No. PW-CY-06

Swanson Avenue and Valencia Avenue
Item No. Quanti
54 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$4.64
$111.36
24 Bl-
WEEKLY
Weed Control
$4.91
$117.84
24 WEEKLY
Landscape Maintenance
$6.55
$157.20
24 BI -
WEEKLY
Turf Grass Maintenance
$6.00
$144.00
24 WEEKLY
Irrigation System Maintenance
$4.00
$96.00
Subtotal
$626.40
Valencia Avenue and Palm Drive
Item No. Quantit
55 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Valencia Avenue — West side and Apache Drive
Item No. Quanti
56 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Valencia Avenue — West side and Comanche Drive
Item No. Quantit
57 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
City of Placentia
Bid No. PW-CY-06

Valencia Avenue — West side and Six Nations Drive
Item No. Quanti
58 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Valaparaiso Road and Rose Avenue
Item No. Quanti
59 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$5.64
$135.36
24 Bl-
WEEKLY
Weed Control
$5.91
$141.84
24 BI -
WEEKLY
Landscape Maintenance
$7.55
$181.20
24 Bl-
WEEKLY
Irrigation System Maintenance
$7.00
$168.00
Subtotal
$626.40
Valaparaiso Drive and Valaparaiso Drive North
Item No. Quanti
60 Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General Maintenance
$5.64
$135.36
24 BI -
WEEKLY
Weed Control
$5.91
$141.84
24 BI -
WEEKLY
Fertilization
$7.55
$181.20
24 Bl-
WEEKLY
Irrigation System Maintenance
$7.00
$181.20
Subtotal
$626.40
Wooden Drive and Bastanchury Road
Item No. Quanti
61 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
City of Placentia
Bid No. PW-CY-06

Wooden Drive and Placentia Avenue
Item No. Quanti
62 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Young Drive and Bastanchury Road
Item No. Quanti
63 Unit
Description
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
Subtotal
$229.20
Young Drive and Bickford Street
Item No. Quanti
64 Unit
Descrirrtion
Unit Price
Annual Price
12 MONTHLY
General Maintenance
$5.64
$67.68
12 MONTHLY
Weed Control
$5.91
$70.92
12 MONTHLY
Landscape Maintenance
$7.55
$90.60
12 MONTHLY
Irrigation System Maintenance
$7.00
$84.00
Subtotal
$313.20
City of Placentia
Bid No. PW-CY 06 Page 50 of 65

MEDIAN, SLOPES & PARKWAYS
Melrose Drive Median, West side slope and east side slope- Santa Fe Drive to Crowther Avenue Item No. Quantit
65 Unit
Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$5.64
$135.36
24 WEEKLY
Weed Control
$5.91
$141.84
24 WEEKLY
Landscape Maintenance
$7.55
$181.20
24 BI -
WEEKLY
Irrigation System Maintenance
$7.00
$168.00
Subtotal
$626.40
La Jolla Slopes (4), (2) east of 57 fry, and (2) west of fry on La Jolla Item No. Quantity Unit
66 Description
Unit Price
Annual Price
24 WBl-
EEKLY
General Maintenance
$62.03
$1,488.72
24 BI -
WEEKLY
Weed Control
$65.03
$1,560.72
24 BI -
WEEKLY
Landscape Maintenance
$83.04
$1,992.96
24 WEEKLY
Irrigation System Maintenance
$77.04
$1,848.96
Subtotal
$6,891.36
ITEM # 67
Quantit
Placentia Slope SEC at La Jolla and Placentia Avenue
Unit Description Unit Price Annual Price
24 BI
WEEKLY
General / Daily Maintenance
$57.03
$1,368.72
24 BI
WEEKLY
Weed Control
$60.03
$1,440.72
24 BI-
Landscape Maintenance
WEEKLY
$78.04
$1,872.96
24 BI -
WEEKLY
Irrigation System Maintenance

$72.04
$1,728.96
24 BI
WEEKLY
Fence Landscape Trimming
$20.00
$480.00
Subtotal
$6,891.36
City of Placentia
Bid No. PW-CY 06 Page 51 of 65

ITEM # 68 Orangethorpe Boulevard — Chapman Ave leading onto Orangethorpe ending at Traub Ln:

Medians, Parkways, and Bridge Abutment Property west of Tustin/Rose Bridge Quanti
Unit
Description
Unit Price
Annual Price
24 WEBl-
EKLY
General / Daily Maintenance
$92.34
$2,216.16
24 Bl-
WEEKLY
Weed Control
$96.81
$2,323.44
24 WEEKLY
Landscape Maintenance
$123.61
$2,966.64
24 BI -
WEEKLY
Irrigation System Maintenance
$114.68
$2,752.32
Subtotal
$10,258.56
ITEM # 69 DeI Cerro Drive — Rose Drive to Orangethorpe Boulevard: Median, Parkways, and Bridge Abutment Property west of Tustin/Rose Bridge and DeI Cerro Park Property.

Quant
Unit
Description
Unit Price
Annual Price
24 WBI-
EEKLY
General / Daily Maintenance
$34.54
$828.96
24 WEEKLY
Weed Control
$36.21
$869.04
24 BI -
WEEKLY
Landscape Maintenance
$46.24
$1,109.76
24 BI -
WEEKLY
Irrigation System Maintenance
$42.89
$1,029.36
Subtotal
$3,837.12
ITEM # 70 Rose Drive : Median and Parkways Bridge area
Quant
Unit
Description
Unit Price
Annual Price
24 BI-
WEEKLY
General / Daily Maintenance
$34.54
$828.96
24 BI- '
WEEKLY
Weed Control
$36.21
$869.04
24 BI
WEEKLY
Landscape Maintenance
$46.24
$1,109.76
24 BI
WEEKLY
Irrigation System Maintenance
$42.89
$1,029.36
r Subtotal
' $3,837.12
City of Placentia
Bid No. PW-CY-06 Page 52 of 65

The following item will be maintained in 2024 once the areas are landscaped. Please include the cost in the final grand total. The superintendent will give the authorization for the maintenance to begin at which the contractor can begin charging the City for its services.

The City contractor will be required to obtain an Encroachment Permit prior to the start of any work within the State's right away.

ITEM # 70 Caltrans slopes along the 57 fwy, off ramp and corners Quantity ,
Unit
Description
Unit Price
Annual Price
24 BI
WEEKLY
General / Daily Maintenance
$17.27
$414.48
24 BI-
WEEKLY
Weed Control
$18.10
$434.40
24 BI -
WEEKLY
Landscape Maintenance
$23.12
$554.88
24 BI -
WEEKLY
Irrigation System Maintenance

$21.45
$514.80
Subtotal
$1,918.56
ITEM # 71 Crowther median and parkway, west of 57 fwy to Goetz Place Quantity
Unit
Description
Unit Price
Annual Price
24 BI-
WEEKLY
General / Daily Maintenance
$17.27
$414.48
24 BI-
WEEKLY
Weed Control
$18.10
$434.40
24 BI-
WEEKLY
Landscape Maintenance
$23.12
$554.88
24 BI-
WEEKLY
Irrigation System Maintenance
$21.45
$514.80
Subtotal
$1,918.56
City of Placentia
Bid No. PW-CY 06 Page 53 of 65

Arterial Tree Wells
Street Name
Count
Weed Control
Unit Price
Annual Price
Placentia Ave.
28 $7.00
$196.00
Kraemer Blvd.
146
$7.00
$1,022.00
Brookhaven Ave
16 $7.00
$112.00
Valencia Ave.
112
$7.00
$784.00
Rose Dr.
19 $7.00
$133.00
Richfield Rd.
6 $7.00
$42.00
Golden Ave.
115
$7.00
$805.00
Bastanchury Rd.
161
$7.00
$1,127.00
Yorba Linda Blvd.
43 $7.00
$301.00
Palm Dr.
60 $7.00
$420.00
Buena Vista
7 $7.00
$49.00
Alta Vista St.
18 $7.00
$126.00
Central Ave.
20 $7.00
$140.00
Subtotal
$5,257.00
Labor Rates
Description
Supervisor
Foreman
Irrigator
Laborer
Normal Business Rate
$ 85.00
$ 65.00
Emergency After -Hours Rate
$127.50
$ 97.50
$ 75.00 $112.50
$ 45.00 $ 67.50

GRAND TOTAL MAINTENANCE ANNUAL COST IN FIGURES AND WORDS (BASED ON BID SCHEDULE

TOTAL OF ANNUAL PRICES - IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES THE WORDS SHALL PREVAIL):
$Two Hundred Seventy Nine Thousand Five Hundred Seventy Five and Ninety One Cents

EXTRA WORK BID SCHEDULE
In the blanks provided, fill in the unit price to fumish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes.

City of Placentia
Bid No. PW-CY 06 Page 54 of 65

Irrigation Heads and Associated Repair Parts
Item Description Estimated
Quantity
# 1 Hunter I-40 Pop Up 20
# 2 Hunter I-25 Pop Up 100
# 3 Hunter I-20 Pop Up 250
# 4 Hunter PGP ADJ Pop Up 50
# 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 50
# 6 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 50
# 7 Hunter Ultra 4" ADJ SS CK VLV 50
# 8 Hunter 4" ADJ Rotor Pop Up 50
# 9 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50
# 10 Hunter 12" Spray Pop Up Body Only 50
# 11 Hunter 1" Plas RCV w/ Flow Cntrl 50
# 12 Rain Bird T RCV Brs 50
# 13 Rain Bird 1-1/2 " RCV Brs 50
# 14 Rain Bird 1" RCV Brs 50
# 15 Rain Bird 2" RCV Brs 50
# 16 Rain Bird 1-1/2 " RCV Plas 50
# 17 Rain Bird 1" RCV Plas 50
# 18 Rain Bird Diaphragm Assembly - 200G/EFA 50
# 19 Rain Bird Diaphragm Assembly - 150G/EFA 50
# 20 Rain Bird Diaphragm Assembly - 75/100 EFA/EFB 50
# 21 Rain Bird Diaphragm Assembly 150/200 PEB 50
# 22 Rain Bird Diaphragm Assembly 100PE 50
# 23 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50
# 24 Rain Bird Dial Pressure Regulator 50
# 25 Rain Bird 12" Pop Up Body Only SAM PRS 50
# 26 Rain Bird 6" Pop Up SAM PRS 50
# 27 Rain Bird 1804 SAM PRS WNan Nozzle 75
# 28 Rain Bird 1806 SAM PRS WNan Nozzle 75
# 29 Rain Bird 1812 SAM PRS WNan Nozzle 75
# 30 Rain Bird 1" RCV GB -Series 10
# 31 Rain Bird 1-1/2" RCV GB -Series 10
# 32 Rain Bird 2" RCV GB -Series 10
# 33 Superior 3" Non Pressure Regulating Brass Valve 2
# 34 Rain Bird 314" 3 -RC Quick Coupling Valve 10
# 35 Rain Bird 1" 44 -RC Quick Coupling Valve 5
# 36 Plastic / Rectangular RCV Box W/ Lid 50
# 37 Plastic / Round QCV Box W/ Lid 25
# 38 Rain Bird 1" Valve Replacement Diaphragm 25
# 39 Rain Bird 1-1/2" Valve Replacement Diaphragm 10
# 40 Rain Bird RCV Replacement Solenoid 20

PLANT MATERIAL (INSTALLED)
City of Placentia Bid No. PW-CY 06
Unit Price

93.16 55.41

32.76 29.74

39.56 66.74

39.56 29.74

29.74 30.41
161.88
381.95
334.13
260.86
288.51
252.11
223.79

78.70 87.87

64.53 60.20

88.50 58.52

74.56 36.13

28.86 21.17

29.83 37.10
260.86
334.13
381.95
1,314.65
184.73
233.50

59.14 47.33
198.61
223.76
183.49
Total
$ 1,863.20
$ 5.541.00
$ 8,190.00
$ 1,487.00
$ 1,978.00
$ 3,337.00
$ 1,978.00
$ 1,487.00
$ 1,487.00
$ 1,520.50
$ 8,094.00
$ 19,097.50
$ 16,706.50
$ 13,043.00
$ 14,425.50
$ 12,605.50
$ 11,189.50
$ 3,935.00
$ 4,393.50
$ 3,226.50
$ 3,010.00
$ 4,425.00
$ 2.926.00
$ 3,728.00
$ 1,806.50
$ 1,443.00
$ 1.587.75
$ 2,237.25
$ 2,782.50
$ 2,608.60
$ 3,341.30
$ 3,819.50
$ 2,629.30
$ 1,847.30
$ 1,167.50
$ 2,957.00
$ 1,183.25
$ 4,965.25
$ 2,237.60
$ 3.669.80
Subtotal: $ 189,957.60

Item Description
# 41 Annual Color
# 42 Ground Cover
# 43 One (1) Gallon Shrub
# 44 Five (5) Gallon Shrub
# 45 Fifteen (15) Gallon Shrub

TREES (INSTALLED)
Item Description
Twenty Four (24) Inch Box Tree W/ Stakes, Ties &
# 49 2 each, 3" X 3' Watering Tubes
Thirty Six (36) Inch Box Tree W/ Stakes, Ties & 2
# 50 each, 3" X 3' Watering Tubes
# 51 Foliar Insecticide Application
Item Description
# 52 Rototill
Soil Test
Mechanical Trenching
Estimated Unit Price Total
Quantity
85 Flats $ 40.00 Flat $ 3.400.00
100 Flats $ 40.00 Flat $ 4,000.00
1000 EA EA 17.00 $ 17,000.00
$
1000 EA EA 35.00 $ 35,000.00
100 EA EA 95.00 $ 9,500.00
Subtotal: $ 68,900.00
Estimated
Quantity
80 EA
4 EA
4 Per Tree
Unit Price
EA 475.00
EA 1,200.00
$
EA 175.00
Subtotal:

Estimated Unit Price
Quantity
5,000 SF SF 0.04
$
20 EA EA 250.00
$
500 LF LF 0.60
Subtotal:

Total
$ 38,000.00
$ 4,800.00
$ 700.00
$ 43,500.00
Total
$ 200.00
$ 5,000.00
$ 300.00
$ 5,500.00
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents. ***BID ITEMS TO BE IMPUTED ON-LINE IN PLANET BIDS***
City of Placentia
Bid No. PW-CY-06 Page 56 of 65

The People are the City
MaYor

WARD L SMITH
Mayor Pro Tem
JEREMY B. YAMA JCH I

KEVIN IURWIN

A SHADER
CHAD P. WANKE
rh:

City Cleric
ROBERT S. MCKINNELL
City Trier
KEVIN A. LARSON
DAMIEN R. ARRULA
401 East Chapman Avenue—Pbceo6; California 92870
April 18, 2023
Subject Addendum No. 2 for Notice Inviting Bid for Median and Parkway Landscaping Maintenance Services
Dear Prospective Bidders:

This letter comprises Addendum No. 2 for the Notice Inviting Bid for the Median and Parkway Landscaping Services issued by the City of Placentia on March 30, 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 daritications/dianges are hereby issued:

1. GRAND TOTAL MAINTENANCE COST IN FIGURES AND WORDS (BASED ON BID

SCHEDULE- IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES THE WORDS SHALL PREVAIL):

Annual Cost $ 279,575.91
Grand total three year term S 838.729.73
Portions of the bid specifications not specifically mentioned in this Addendum remain in force. Bidder must acknowledge receipt of this Addendum with proposal documents submitted at the due date and time specified above. Failure to do so may subject bidder to disqualification.

Sincerely,
Pro et Manager
END OF ADDENDUM NO.2
This addendum must be acknowledged via_ Planet Bids and should be included with the bid response.

If y u have additional questions regarding Addendum No. 2, please contact Joel Ca enas, at (714) 993-8134.

C
,P. Di CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
02/09/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF

INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

FEDERATED MUTUAL INSURANCE COMPANY
HOME OFFICE: P.O. BOX 328
OWATONNA, MN 55060
NAME: CONTACT CLIENT CONTACT CENTER

PHONE FAX
(A/C, No, Ext): 888-333-4949 (A/C, No): 507-446-4664
E-MAIL
CLIENTCONTACTCENTER(a�FEDINS.COM

INSURERS AFFORDING COVERAGE
NAIC #
INSURER A:FEDERATED SERVICE INSURANCE COMPANY
28304
INSURED 171-235-5

MARIPOSA LANDSCAPES INC
6232 SANTOS DIAZ ST
IRWINDALE, CA 91702-3267
INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES
CERTIFICATE NUMBER: 19
REVISION NUMBER: 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSR
SUER
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
N
6069499
04/01/2023
04/01/2024

EACH OCCURRENCE
$1,000,000

DAMAGE TO RENTED PREMISES
(Ea occurrence)
$100,000

CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)

EXCLUDED

PERSONAL & ADV INJURY
$1,000,000

GENERAL AGGREGATE
$2,000,000
GEN
X

L AGGREGATE LIMIT APPLIES

POLICY JPECT
OTHER:

PER:

LOC

PRODUCTS & COMP/OP ACC
$2,000,000
A

AUTOMOBILE
X

LIABILITY

ANY AUTO

OWNED AUTOS ONLY

HIRED AUTOS OWNLY
—SCHEDULED

NON -OWNED
—AUTOS ONLY
Y
N
6069499
04/01/2023
04/01/2024

COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY (Per Person)
BODILY INJURY (Per Accident)

PROPERTY DAMAGE
(Per Accident)
A
X

UMBRELLA LIAB

EXCESS LIAB

X OCCUR

CLAIMS -MADE
N
N
6069500
04/01/2023
04/01/2024

EACH OCCURRENCE
$10,000,000

AGGREGATE
$10,000,000
DED

RETENTION

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

PER STATUTE
OTHER
E.L EACH ACCIDENT
E.L DISEASE EA EMPLOYEE
E.L DISEASE • POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

SEE ATTACHED PAGE
1 CERTIFICATE HOLDER

CANCELLATION
171-235-5

CITY OF PLACENTIA
401 E CHAPMAN AVE
PLACENTIA, CA 92870-6101
190

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
/uh..04.4 e
© 1988-2015 ACORD CORPORATION. All rights reserved.

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

AGENCY CUSTOMER ID: 171-235-5
AW J
LOC #:

ADDITIONAL REMARKS SCHEDULE

AGENCY

FEDERATED MUTUAL INSURANCE COMPANY

NAMED INSURED

MARIPOSA LANDSCAPES INC
6232 SANTOS DIAZ ST
IRWINDALE, CA 91702-3267

POLICY NUMBER
SEE CERTIFICATE # 19.0

CARRIER
SEE CERTIFICATE # 19.0

NAIC CODE
EFFECTIVE DATE: SEE CERTIFICATE # 19.0

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: ALL LANDSCAPES OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.

THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS,

LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY.

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

INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.

INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE.

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance - Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:

This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under
such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".

B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:

1. Such "insured" is a Named Insured under
such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".

CA 04 49 11 16
© Insurance Services Office, Inc., 2016 Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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

BUSINESS AUTO COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include:

Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to:
(1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household.
(3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto".
(5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household.

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 Part 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. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy.

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

1. To "loss" which occurs prior to the date of your contract with such person or organization;

2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement.

3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first.

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

CA -F-127 (03-03) Policy Number: 6069499 Transaction Effective Date:04/01/2023

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract
or agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: 6069499 Transaction Effective Date: 04/01/2023

POLICY NUMBER:6069499

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organizations:

Location(s) Of Covered Operations
City of Placentia
401 E Chapman Ave
Placentia, CA 92670
All Projects or Work Done by the Named
Insured for the Additional Insured Person(S)
or Organization(S). Additional Insureds Also
Include: the Elected and Appointeed Boards,
Officers, Afficials, Agents, Employees, and
Volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

1. Your acts or omissions; or

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

However:

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

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

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

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

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

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

CG 20 10 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 2
Policy Number:6069499 Transaction Effective Date: 04/01/2023

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or
Insured:

Mariposa Landscapes Inc
6232 Santos Diaz St
Irwindale, CA 91702-3267

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 10 04 13
© Insurance Services Office, Inc., 2012
Policy Number:6069499 Transaction Effective Date: 04/01/2023

COMMERCIAL GENERAL LIABILITY
CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an additional insured any person or
organization 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.

However, the insurance afforded to such
additional insured:

1. Only applies to the extent permitted by law;
and

2. Will not be broader than that which you are
required by the contract or agreement to
provide for such 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.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to:

1. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
the failure to render any professional
architectural, engineering or surveying services.

CG 20 33 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 2
Policy Number: 6069499 Transaction Effective Date: 04/01/2023

2. "Bodily injury" or "property damage"
occurring after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which
the injury or damage arises has been put
to its intended use by any person or
organization other than another contractor
or subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

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

1. Required by the contract or agreement you
have entered into with the additional insured;
or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 33 04 13
© Insurance Services Office, Inc., 2012
Policy Number: 6069499 Transaction Effective Date: 04/01/2023

POLICY NUMBER: 6069499

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
City of Placentia
401 E Chapman Ave
Placentia, CA 92670
All Projects or Work Done by the Named
Insured for the Additional Insured
Person(S) or Organization(S).

Additional Insureds Also Include: the
Elected and Appointeed Boards, Officers,
Afficials, Agents, Employees, and
Volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your
work" at the location designated and described in
the Schedule of this endorsement performed for
that additional insured and included in the
"products -completed operations hazard".

However:

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

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

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

Insured:

Mariposa Landscapes Inc
6232 Santos Diaz St
Irwindale, CA 91702-3267
CG 20 37 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: 6069499 Transaction Effective Date: 04/01/2023

ACaRI® CERTIFICATE OF LIABILITY INSURANCE
��

DATE (MMIDDIYYYY)
3/23/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER Venbrook Insurance Services
6320 Canoga Avenue, 12th Floor g PHONE
Woodland Hills, CA 91367
www.venbrook.com CA Lic No. 0D80832
NAMEACT Windy West
(A/C, No, Ext): 818-598-8941 (A/C, No):

E-MAIL
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Alaska National Insurance Company
38733

INSURED
Mariposa Landscapes, Inc.
6232 Santos Diaz St.

Irwindale CA 91702
INSURER B :

INSURERC:

INSURERD:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 73541379
REVISION NUMBER:

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

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

INSR

TYPE OF INSURANCE

INSD DDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$
MED EXP (Any one person)
$

PERSONAL & ADV INJURY
$
GEN'L

AGGREGATE

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$

AUTOMOBILE

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

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

PROPERTY DAMAGE
(Per accident)
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
Y
N/A
✓
23D WS 12057
4/1/2023
4/1/2024
�/ H

STATUTE
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation Applies to WORKERS' COMPENSATION in favor of City of Placentia. *10 Days Notice of Cancellation for Non -Payment of Premium, 30 Days All Other.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 E Chapman Ave
Placentia CA 92870-6101

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
Windy West
U .

ACORD 25 (2016/03)
73541379 1 23-24 WC — ML I Windy West I
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
3/23/2023 3:37:10 PM (PST) I Page 1 o₹ 2

INSURANCE COMPANY
lir
Alaska National

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from
anyone liable for an injury covered by this policy. We
will not enforce our right against the person or
organization named in the Schedule. (This
agreement applies only to the extent that you perform
work under a written contract that requires you to
obtain this agreement from us.)
Person or Organization
Blanket waiver:

Any persons or organizations for whom the
Insured, has agreed by written contract, to
furnish this waiver.

You must maintain payroll records accurately
segregating the remuneration of your employees while
engaged in the work described in the Schedule.

The additional premium for this endorsement shall be
2% of the California workers' compensation premium
otherwise due on such remuneration.

SCHEDULE
Job Description
All Operations
This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy.

Endorsement Effective 3/23/2023
Insured Mariposa Landscapes, Inc.

Countersigned By Vaeete Elefraa
Policy No. 23D WS 12057
Endorsement No. 6
WC 04 03 06 (04 84)
73541379 1 23-24 WC — ML I Windy West 1 3/23/2023 3:37:10 PM (PST) I Page 2 of 2

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFASTRUCTURE MAY 16, 2023
SUBJECT: AWARD OF MAINTENANCE SERVICES AGREEMENT TO HASA INC., FOR

SWIMMING POOL AND FOUNTAIN MAINTENANCE SERVICES
FISCAL
IMPACT: EXPENSE: $53,250 ANNUAL CONTRACT AMOUNT
PROPOSED BUDGET: $53,250 FY 2023-24 OPERATING BUDGET
(104076-6130)
SUMMARY:

This proposed maintenance services agreement provides for swimming pool and fountain maintenance services for the City's fountain located at City Hall, and the two (2) public swimming pools located at the Whitten and Gomez Community Centers. The scope of work for this contract includes annual preventative and seasonal monthly pool maintenance along with extraordinary repairs and emergency response. The City issued a Notice Inviting Bids for these services and bids were received on April 20, 2023, from two (2) contractors. The low bidder is Hasa, Inc., (Hasa) which is the City's current pool and fountain maintenance contractor. Staff recommends City Council award a three-year agreement to Hasa for a not -to -exceed amount of $159,750 with one (1) potential two-year extension for an additional not -to -exceed amount of $53,250 per year.

RECOMMENDATION:

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

1. Approve a Maintenance Services Agreement with Hasa Inc. for Public Swimming Pool and Fountain Maintenance Services for an amount not -to -exceed $159,750 for an initial three-year contract term with the option to extend for one (1) additional two-year term for an amount not -to -exceed $53,250 per year; and

2. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract average of $53,250; and

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

1.g.

May 16, 2023

City Council Agenda
May 16, 2023

4. Authorize the City Administrator to approve the eligible contract term extension for one (1) additional two-year term based upon contractor performance and at the discretion of the City.

STRATEGIC PLANNING STATEMENT
There is no specific Strategic Planning Statement or Objective associated with this agenda item.

DISCUSSION:

The City offers free recreational swim at the Gomez and Whitten Community Center swimming pools. Free recreational swim is a nine (9) week program open to all residents and non- residents which begins on June 1 and ends on August 31. Between September 1 and May 31, the pools are open on a per reservation basis.

Since April 2016, Hasa has been performing maintenance services at the City's two pools, and fountain at City Hall. The contract scope of work for pool and fountain maintenance services will provide for annual preventative and seasonal maintenance services such as filter servicing, vacuuming, on -site inspections, and monitoring the pump room equipment and the chlorine and PH levels. Additionally, Hasa has provided the inventory of needed chemicals at both locations and extraordinary repair services.

The City solicited competitive bids for these services and on April 20, 2023, the City received two (2) bids from pool and fountain maintenance contractors, a summary of which are noted in the table below:

Contractor
Bid Amount
Hasa Inc.
$159,750
Aqua Source
$178,970
Staff reviewed the bids received for mathematical and other errors and it was determined that the apparent responsive, responsible low bid was submitted by Hasa. Staff conducted a reference check on Hasa who received favorable reviews from other clients, and they have performed well for Placentia for the past several years. Based on the bid amount received and the reference check, Staff recommends the City Council award a Maintenance Services Agreement to Hasa, Inc., for a not -to -exceed amount of $53,250 per year.

FISCAL IMPACT:

The agreement with Hasa, Inc. is for three (3) years for a cumulative not -to -exceed contract amount of $159,750, with the option to extend for one (1) additional two-year term for an amount not -to -exceed $53,250 per year, based upon contractor performance and at the discretion of the City. Funding for the Pool and Fountain Maintenance Services is included in the proposed Fiscal Year 2023-24 Operating Budget.

City Council Agenda
May 16, 2023

Prepaid by:

Joel Carde as
Public Wo s Superintendent
Reviewe
Damien R. Arrula
City Administrator
Luis Estevez
Deputy City Administrator
Reviewed and approved:

Jennifer/Larripman
Director of Finance
ved: Reviewed and approved:

Attachment:

Maintenance Services Agreement with Hasa, Inc.

CITY OF PLACENTIA

MAINTENANCE SERVICES AGREEMENT
WITH
HASA, INC.

THIS AGREEMENT is made and entered into this 1st day of July, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Mariposa Landscapes, Inc.., a California corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide median and parkway maintenance services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scooe of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance reqirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 HASA, Inc.

Rev. 05/2023

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Fifty -Three Thousand, Two -Hundred, Fifty Dollars ($53,250) per year, or a cumulative amount of One -Hundred Fifty- Nlne Thousand, Seven -Hundred and Fifty- Dollars ($159,750) over the initial three-year contract term.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3 HASA, Inc.

Rev. 05/2023

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on July 1, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for an additional two-year term based on the City's discretion and contractor performance.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
4 HASA, Inc.

Rev. 05/2023

f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' 5 HASA, Inc.

Rev. 05/2023

compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.

If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
6 HASA, Inc.

Rev. 05/2023

(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

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

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

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

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

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with 7 HASA, Inc.

Rev. 05/2023

Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

HASA Inc.
1121 N Hawk Circle,
Anaheim, CA, 92807
Tel: 714-258-0700
Attn: Anaa Marie Rees, Site
Leader
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Attn: Joel Cardenas

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 8 HASA, Inc.

Rev. 05/2023

hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 9 HASA, Inc.

Rev. 05/2023

including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

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

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

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

Rev. 05/2023

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

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

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

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

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

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

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right 11 HASA, Inc.

Rev. 05/2023

or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
12 HASA, Inc.

Rev. 05/2023

APPROVED AS TO FORM:

Date:

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Joel Cardenas, Project Manager
DEPARTMENTAL APPROVAL:

Date:

Luis Estevez, Deputy City Administrator
13 HASA, Inc.

Rev. 05/2023

EXHIBIT A

CONSULTANT'S PROPOSAL
14 HASA, Inc.

Rev. 05/2023

ACORD® CERTIFICATE OF LIABILITY INSURANCE
�------ 5/8/2024

DATE (MM/DD/YYYY)
5/4/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER Lockton Companies
Three City Place Drive, Suite 900
St. Louis MO 63141-7081
(314) 432-0500

NAMEACT

PHONE FAX
(A/C. No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : National Union Fire Ins Co Pitts. PA
19445
INSURED HASH, INC.
1520745 23119 DRAYTON ST.

SAUGUS CA 91350
INSURER B : AIG Specialty Insurance Company
26883
INSURER C : Insurance Company of the West
27847
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
JNSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
B
X

COMMERCIAL GENERAL LIABILITY
Y
N
EG18260038
5/8/2023
5/8/2024

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 300,000
MED EXP (Any one person)
$ 25,000

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PRO -
J
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$
A

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
N
N
767-39-34
5/8/2023
5/8/2024

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident)
$ XXXXXXX

PROPERTY DAMAGE
(Per accident)
$ XXXXXXX
$ XXXXXXX
B
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
N
N
EGU18260039
5/8/2023
5/8/2024

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
DED
RETENTION $
$ XXXXXXX
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
N
WIL 5033670 07
5/8/2023
5/8/2024
X
PER

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

CERTIFICATE HOLDER

CANCELLATION
19457500
City of Placentia
Attn: City Administrator
401 E. Chapman Ave.

Placentia CA 92870 USA

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
© 1988-2 • CORD CORPORATI • N. All rights reserved.

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

CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) The City of Placentia, its elected and appointed boards, officials, agents, employees, and volunteers are included as additional insureds on a Primary and Non-contributory basis if required by written contract with respect to General Liability per the terms and conditions of the policy.

ACORD 25 (2016/03)
Certificate Holder ID: 19457500

TO:

FROM:

DATE:

SUBJECT:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR
MAY 16, 2023

APPROVE THE METROPOLITAN URBAN COUNTY COOPERATION
AGREEMENT AMENDMENT NO. 3 BETWEEN THE COUNTY OF ORANGE AND

THE CITY OF PLACENTIA FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FISCAL
IMPACT: POTENTIAL REVENUE OF UP TO $323,000 PER FISCAL YEAR FOR 2024-25, 2025-26, AND 2026-27
SUMMARY:

The County of Orange OC Community Resources (OCCR) is currently in the process of re -qualifying for entitlement status as an Urban County. This entitlement status and the number of cities participating are part of determining Community Development Block Grant (CDBG) funding for an Urban County. Utilizing the 2020 census data, the City's population of 51,824 qualifies the City to be categorized as a Metropolitan City. As a Metropolitan City, the amount of CDBG funding received would be established and provided directly by the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2023-24, the anticipated funding amount is $322,998. The City will be able to allocate funding to specific programs that support viable urban communities including economic development, public service programs, public facilities improvements, housing rehabilitation, and staff administration. This action will approve the Metropolitan Urban County Cooperation Agreement Amendment No. 3 between OCCR and the City of Placentia for CDBG for FY 2024-25, 2025-26, and 2026-27 respectively.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal, under Goal #1 to Ensure Long -Term Fiscal Sustainability, under Objective #1.2, which is to Continue efforts to seek and obtain new sources of state and federal grants.

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

1. Approve a Metropolitan Urban County Cooperation Agreement Amendment No. 3 between the County of Orange and the City of Placentia for Community Development Block Grant Funds; and

2. Authorize the City Administrator to execute the agreement in a form approved by the City Attorney.

1.h.

May 16, 2023

City Council Agenda
May 16, 2023

DISCUSSION:

The Federal Housing and Community Development Act of 1974, provides CDBG funds for projects that promote the development of viable urban communities by providing suitable living environments for persons of low and moderate income. As a Metropolitan City, the City of Placentia will no longer be required to compete with twelve (12) other Orange County cities to apply and receive CDBG funds through the County of Orange. The City's funding allocation will be annually established and received directly by HUD. As illustrated in the following table, CDBG funds received by the County have supported several programs. These programs include the Facade Improvement Program, Old City Hall Improvements, Neighborhood Park Improvement Projects, and the Housing Rehabilitation Program.

EEMETZIL AIL
Program
Amount Tota
2021/22 Housing Rehabilitation Program
2021/22 Facade Improvement Program
2021/22 Neighborhood Park Improvement
2021/22 Staff Salaries: Neighborhood Services, Senior Center & Grant Admin
$52,500
$55,000
$141,744 $345,546
$96,302
2022/23 Housing Rehabilitation Program
2022/23 Facade Improvement Program
2022/23 Neighborhood Facility Improvement Project (ADA/Public Safety)
2022/23 Staff Salaries: Neighborhood Services, Senior Center & Grant Admin
$52,500
$50,000
$140,291
2023/24 Housing Rehabilitation Pro•ram
2023/24 Facade Improvement Program
2023/24 Staff Salaries: Neighborhood Services, Senior Center & Grant Admin
$96,723
$52,500
$180,778
$89,720
$339,514
$322,998
As a Metropolitan City, under the County's Urban County Program, the amount of CDBG funding received would be based on the City's total population as established by HUD. The City will be able to determine the specific programs and projects in which to allocate the funding. Eligible projects and programs must continue to adhere to the established performance objectives set by HUD. This includes creating a suitable living environment that benefits communities, families or individuals that are from designated low to moderate income areas of the City. Projects must also achieve specified performance outcomes such as improving accessibility through removal of physical barriers or promoting livable and viable neighborhoods by providing a benefit to low to moderate income residents.

Under the County's Urban County Program, the County will agree to file, on behalf of the City, several HUD mandated reports including the Annual Action Plan (AAP), Five Year Consolidated Plan, Consolidated Annual Performance and Evaluation Report (CAPER), Analysis of Impediments (AI), Citizen Participation Plan (CPP), and the Integrated Disbursement and Information System (IDIS) management report. Based on the intensive reporting requirements, the City will allocate ten percent (10%) of its allocation toward OCCR's administrative cost per fiscal year for the administration and filing of the required HUD reports.

City Council Agenda
May 16, 2023

FISCAL IMPACT:

The total CDBG amount provided to OCCR for FY 2023-24 is $35,888. The remaining CDBG amount of $322,998 will be allocated to the City for specific programs that support viable urban communities, including economic development, public service programs, public facilities improvements, housing rehabilitation, and City Staff administration.

Submitted by: Reviewed and approved:

Jetanne ega
t_
Assistant to the City Administrator/
Economic Development Manager
Reviewed and approved:

Damien R. Arrula
City Administrator
Jennifer Lampman
Director of Finance
Attachment:

Metropolitan Urban County Cooperation Agreement Amendment No. 3 for FY 2024-25 to FY 2026-27

AMENDMENT THREE TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF PLACENTIA
This Amendment Number THREE(hereinafter "Amendment THREE") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and the City of Placentia, a municipal corporation, ("CITY"), DUNS Number 040504417 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2024, hereinafter referred to as "EFFECTIVE DATE".

WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT "Metro -City" (hereinafter, as amended, "Original Agreement" or "Agreement") for commencement July 24, 2014; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2021; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-23-02 allows "automatic" renewals for up to 3 (three) years provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 28, 2023; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with COUNTY; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree as follows:

I. Modifications to the Original Agreement

1. Section 2 of the Original Agreement is amended in its entirety as follows:
"COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG) or Home Investment Partnership (HOME) Program funds appropriated for Fiscal

Years 2024-2025, 2025-2026 and 2026-2027 and from any program income generated from the expenditure of such funds."

2. Section 6 of the Original Agreement is hereby amended to add subsection (c.) as follows:
"c. A policy to undertake or assist in undertaking, community renewal and lower -income housing assistance activities."

3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
"This Agreement shall cover Fiscal Years 2024-25, 2025-26 and 2026-27, respectively of CDBG and HOME program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either Party before June 30, 2027, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect."

4. Section 10 shall be added to Agreement to read:
"In accordance with HUD Notice CPD 23-02, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD's Urban County Qualification Notice for the next qualification period."

5. Section 11 of the Original Agreement is amended to read:
"CITY and COUNTY agree to adopt amendments (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2021 and to submit such amendments to HUD. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void."

6. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
"d. May receive a formula allocation under the ESG Program only through the Urban County."

7. Section 24(a) of the Original Agreement is amended to read:
"The CITY is a part of the Urban County Program for purposes of planning and implementation for the entire period of the Urban County qualification under Fiscal Years 2024-25, 2025-2026, and 2026-2027, for the CDBG and HOME Programs. HUD will treat CITY as any other unit of general local government that is a part of the Urban County Program." II. Additional Agreements

1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower -income housing assistance activities.

2. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY'S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR

91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with the COUNTY'S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.

3. The CITY, and all other applicable units of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to

another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations, but must use such funds for activities eligible under title I of the Act.

4. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment TWO, remain unchanged and in full force and effect.

IN WITNESS WHEREOF, CITY has caused this Amendment THREE to be executed by its City Administrator and attested by its City Clerk; COUNTY has caused this Amendment TWO to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

ATTEST:

City of Placentia, a municipal
Corporation in the State of California
By: By:

Name: Damien R. Arrula Name: Robert McKinnell
Title: City Administrator Title: City Clerk
Date: Date:

COUNTY OF ORANGE, a political
subdivision of the State of California
By:

Dylan Wright, Director
Orange County Community Resources
Date:

////////////////////////////////////////////////////////////////////////////////////////////

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the agreement provides full legal authority for the County." By: Deputy County Counsel Date:

Attachment: 424-B

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia Cit Council

GENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE MAY 16, 2023

APPROVAL OF PLANS & SPECIFICATIONS AND AWARD OF CONSTRUCTION CONTRACT TO GRIGOLLA & SONS CONSTRUCTION CO. INC., FOR THE 2022-2023 CONCRETE REPAIR PROJECT, CITY PROJECT NO. 1302 FISCAL
IMPACT: EXPENSE: S107,250 TOTAL CONSTRUCTION CONTRACT AMOUNT $ 97,500 CONSTRUCTION CONTRACT AMOUNT
$ 9,750 CONSTRUCTION CONTINGENCY AMOUNT

AVAILABLE
BUDGET: $108,273.56 FISCAL YEAR 2022-23 CIP BUDGET (791302-6740) SUMMARY:

The proposed Public Works Agreement with Grigolla & Sons Construction Co. Inc., (Grigolla) is for the 2022-2023 Concrete Repair Project to address damaged sidewalks and curbs and gutters in neighborhoods that are not scheduled for paving or slurry seal improvements until later in the City's pavement rehabilitation and maintenance schedule. Currently, the Public Works Department has identified a number of locations where these repairs are needed and plans to utilize this contract to address that work as part of an ongoing annual concrete repair program.

The City recently issued a notice inviting bids for this project and bids were received on April 17, 2023, from nine (9) contractors. Grigolla was deemed the lowest responsive and responsible bidder for this project. Staff recommends that the City Council award a construction contract to Grigolla, in the amount of $97,500. In addition to the construction cost, a ten percent (10%) construction contingency amount of $9,750 is provided to cover any unforeseen conditions found during construction. The total construction contract cost including contingency amount is $107,250. Sufficient funds were budgeted in the Fiscal Year (FY) 2022-23 CIP Budget to cover this cost.

RECOMMENDATION:

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

1. Approve Plans & Specifications prepared by the City Engineer and approve a Public Works Agreement with Grigolla & Sons Construction Co. Inc., for the 2022-2023 Concrete Repair Project in the amount of $97,500; and

1.i.

May 16, 2023

City Council Agenda
May 16, 2023

2. Reject the bid proposal submitted by National Pools Inc., as non -responsive; and

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

4. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $9,750, for a total construction contract not -to -exceed amount of $107,250; and

5. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.

STRATEGIC PLANNING STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

DISCUSSION:

As part of the City's current pavement rehabilitation and maintenance program, a 360 -degree design philosophy was adopted to maintain, repair, and improve streets, sidewalks, and pedestrian and traffic related improvements within the public right-of-way. The City is currently in the sixth year of a multi -year pavement maintenance program. The purpose of this contract is to address broken and damaged sidewalks, curbs and gutters that are not within the immediate pavement maintenance cycle. As we receive complaints from the public, and due to potential liability associated with broken sidewalks and curbs and gutters, Staff recommends that damaged sidewalks and curbs and gutters be repaired, sooner rather than later. Currently, the Public Works Department has identified a number of locations where these repairs are needed and plans to utilize this contract to address sidewalk and curbs and gutter repairs for neighborhoods not within the next fiscal year's project scope. This project will replace approximately 4,000 square feet of concrete sidewalks, 320 linear feet of curb and gutter, and remove associated trees at various locations.

On April 17, 2023, the City received nine (9) bids from contractors to construct the project. The following table provides the total bid amounts received from each contractor:

Contractor
Bid Amount
National Pools Inc.
$88,680.00
Grigolla & Sons Construction Co. Inc
$97,500.00
Aneen Construction, Inc.
$103,000.00
Cheloletty Engineering
$104,484.00
TVR Construction Eng. LLC
$125,900.00
Onyx Paving Company, Inc
$142,000.00

City Council Agenda
May 16, 2023

We R Builders, Inc.
$155,100.00
ICE General Builder Inc.
$220,391.50
Falkon Construction Inc.
$330,920.00
After reviewing the bid proposals received, it was determined that Grigolla submitted the lowest responsible bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. The initial low bidder, National Pools Inc., has been found to be non -responsive due to missing bid documents submitted with their proposal and for using an altered bid form. Based upon Grigolla's reference check and submitted bid, Staff recommends awarding a construction contract to Grigolla & Sons Construction Co. Inc., for the 2022-2023 Concrete Repair Project.

FISCAL IMPACT:

The total cost for this project amounts to $107,250. This cost consists of the bid amount submitted by Grigolla & Sons Construction Co. Inc. in the amount of $97,500, and a construction contingency in the amount of $9,750. A total of $107,273.56 is available in the FY 2022-23 Capital Improvement Program for this project. As such, sufficient funds exist for the recommended actions.

Prepared by:

Masou
City E
S pafi
gineer
Reviewe'and approved:

Luis Estevez
Deputy City Administrator
Reviewed and approved:

LL -
Jennifer Lampman
Director of Finance
Reviewed and_approved:

Damien R. Arrula
City Administrator
Attachment:

Public Works Agreement with Grigolla & Sons Const. Co. Inc.

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR
2022-2023 CONCRETE REPAIR
CITY PROJECT #1302
THIS AGREEMENT (herein "Agreement"), is made and entered into this 16th day of May, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and GRIGOLLA & SONS CONSTRUCTION CO. INC. (herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of concrete improvements including construction of improvements that comply with all 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 GRIGOLLA & SONS
CONSTRUCTION CO. INC a (California corporation, partnership, individual) located at 627 W ALLEN AVENUE, SAN DIMAS, CA 91773. (b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the

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

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

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

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5. Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ninety seven thousand five hundred Dollars (S97,500) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

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

by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than May 7th, 2023, 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:

GRIGOLLA & SONS CONSTRUCTION CO. INC.

ATTN: JOHN GRIGOLLA
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

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

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

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

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

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

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

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

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor

believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class I II 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.

The City of Placentia, its officers, employees, re
shall be named as additional named insureds.

Dresentatives, attorneys, and volunteers
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. (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 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 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 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 Lic uidated 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.

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.:

GRIGOLLA & SONS CONSTRUCTION CO. INC.

ATTN: JOHN GRIGOLLA
627 W ALLEN AVENUE
SAN DIMAS, CA 91773

8.11 Non -liability of City Officers and Em 3loyees. 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.

8.15 Severability. 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 -Verify. 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).

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.

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.

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:

Damien R. Arrula, City Administrator
ATTEST:

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

CONTRACTOR
Date:

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

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Masoud Sepahi, City Engineer

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

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

WHEREAS, GRIGOLLA & SONS CONSTRUCTION CO. INC., as Principal, has entered into a contract dated May 16th, 2023, with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: 2022-2023 CONCRETE REPAIR and all appurtenant work in accordance with PROJECT NO. 1302, which requires Principal to file this bond to secure claims made in relation to the project.

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

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

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

for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

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

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

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

(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:

Principal
Signature:

Title

(Use of City form
is required)

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

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

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

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

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO. 1302
As a material inducement to the City to award the contract for Project No. 1302 to GRIGOLLA & SONS CONSTRUCTION CO. INC, the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: 2022-2023 CONCRETE REPAIR ("the work").

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

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

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

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

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

Guarantor
Contractor:

Title:

Date:

By:

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to GRIGOLLA & SONS CONSTRUCTION CO. INC., a California corporation (hereinafter "Principal"), an Agreement, dated May 16th, 2023 ("Agreement") whereby Principal agreed to provide construction services including 2022-2023 CONCRETE REPAIR; 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
(Seal)

PRINCIPAL
By

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

CITY ATTORNEY

INSTRUCTIONS
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.

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

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

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

On at California.

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

EXHIBIT A

SCOPE OF SERVICES
The general items of work include the removal and replacement of damaged concrete sidewalk panels and curb & gutter.

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within twenty five (25) working days from the issuance of the Notice

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: CONCRETE REPAIR, CITY PROJECT #1302
• 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
The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California.

This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone:

Orange County Superior Court
Probate Court Operations
341 The City Drive
P.O. Box 14171
Orange, CA 92613-1571
(714) 935-6061, Contact Linda C. Wallace
Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company or companies, naming the AGENCY as an additional insured.

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
2022-2023 CONCRETE REPAIR
From
CITY PROJECT NO. 1302
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 plans and specifications on file in the office of the City Engineer of the City of PLACENTIA. 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 25 working days, starting from the date of the Notice to Proceed.

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 and 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 sixty 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 fling 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 A NCY'S option, be considered null and void. aP-„�. in the amount of $(0 0� mown
Accompanying this proposal of bid, find g4 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 Date Received
No.

No e_ LiAlv2)
Bidder's Signature
C-2

BID SCHEDULE FOR
2022-2023 CONCRETE REPAIR

BID ITEMS
ITEM
NO.

ITEMS DESCRIPTION

QUANTITY
UNIT

UNIT PRICE
TOTAL

1. Mobilization and Traffic Control (Part 6 and
Section 7-6)
1 LS
Ot.
$ ( 14g[/ T
1 l
09—
� 1 ti5Q
5o
`

2. Remove and Replace PCC Sidewalk
Panels -- This item of work includes Debris
Hauling and Disposal, and all other ancillary
work required for a complete sidewalk
replacement job. (Section 7-6 and Appendix
V)
4,000
SF
$ ( aOr°
l ,
eiC?
$ 00O
C
_ .

3. Remove and Replace Curb and Gutter - -
This item of work includes Debris Hauling
and Disposal, and all other ancillary work
required for a complete curb and gutter
replacement job. (Section 7-6 and
Appendix V)
70 LF
pC2
$

90. ad
$ 63 p©
t

4. Remove and Replace Curb and Gutter
adjacent to SiFi Network shallow conduit --
250
LF
o (7
$ }
4C7
L
$ �-3 r f J 0,
This item of work includes, Debris Hauling
and Disposal, and all other ancillary work
required for a complete curb and gutter
replacement job. (Section 7-6 and Appendix
V)
av
BID SCHEDULE -TOTAL PRICE: $ I C)0©� G
BID SCHEDULE TO -..A+, PRIG KITTEN IN WORDS: 4 3 t �2,"CC`� )P.�` �SLO ‘k\ f` NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re -advertises, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures.

The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.

Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents. ***BID ITEMS TO BE INPUTED ON-LINE VIA PLANETBIDS"*
C-3

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

Portion
of Work
Name and Address of Subcontractor
State License
Number
Class
o/
Sib
�bert"S n , Coa nef c4.441-1 h9
ZI 31,g1 Warren Rd. (WU/0, OA 0115(e-]
'j08O 1
C —[e I
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-4

NONCOLLUSION AFFIDAVIT

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

County of Orange
Dav IA 6601a , being first duly sworn, deposes and says that he or she is CPrpoyak-C of 6660A it&ors ConSbucttiohCo. itc- 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.

Grigolla & Sons Const Co. INC.

Name of Bidder
ignature of Bi
(al w • Al l eh 44 -
Scar, Ik CA, o 113
Address of Bidder
Subscribed and sworn to before me this I,D-k day of

NOTARY PUBLIC
,20 .

STELLA RFG J
Notary PubLOPEZ k -GCnlilornOLLl.

Los Angeles County
Commission M 2417610
�' My [corm. E.Phes Fel) 10, ]0

NOTARY SEAL
C-5

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 CONCRETE REPAIR, (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.

Grigolla & Sons Const Co. INC.

Contractor
(orgurdke
Title UU
Date: 3ji4Ji3
C-6

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?
Yes XNo
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-7

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.

Grigo![a & Sons Coast. Co. !NC.

Contractor
Date:
25 Corporate Serea
Title
C -B

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 t to be, on; eke.eX
Grigolla & Sons Const Co. INC.

Contractor
Cuir weak S.ect•c\--cn
Title
Date: (( . ( a 3
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-9

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

Grigolla & Sons Cons( Co. INC.

Bidder Name
(1221 w . Aiken Ave,
Business Address
San nria_S
City,
(goo' ) t441— 63c.)
Telephone Number
Grigolla & Sons Cons( Co. INC.

CA '11113
State Zip
Contractor Name
l OG00O 134(o
Contractor's DIR Public Works Registration Number
61-4432 -A
State Contractor's License No. and Class
Original Date Issued
D1 3(I
Expire Ion Date
/ d
The work site was inspected by David 66,'yvll4 of our office on t t a , 20a. - The following are persons, firms, and corporations having a principal interest in this proposal:
john c r>iTolla dc *
lihna+td (%riolta - Vice Pres ickti
G-10

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.

Grigolla & Sons Consf Co. INC.

Compan Name
ignature of Bidder
vd 6-i vino la
Printed or Typed Signature
Subscribed and sworn to before me this l ay of (.:)r i , 20i3.

NOTARY PUBLIC

STELLA LOPU GRIGOLLA
Notary Public - California
Los Angeles County
y ht Cumu miou M 2437610
Hy Comm, n, Ewpires f•eh 10, 2(127

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. San Di tY S - 215 Avt . San bimaS , CA a 1113
Name and Address of Public Agency
Name and Telephone No. of Project Manager: eciAAA 2u,6►0S i?A,nG•°o Sicieu3akS dylwoct'S, ('.t.t4, itiAtior
Contract Amount Type o' Work
3un1 2D22
Date Completed

2. LU Yk - 400 l' v I r✓ �f S� Y t� -PPGtLf(1 'k 9 262 Le D Name and Address of Public Agency
Name and Telephone No. of Project Manager: 4 r1'iUu C4cv v v 64'i) 0-04-33 N ettLii3RD 4° sidt.wc4.Q , drivew y+r✓uarb tc-kkc'
Contract Amount Type of Work

3. Ck\
Na
Apra 2Dz2
Date Completed
o+ Ck 'Yi-O S - 1b125 R4burnfietd Ate.. C.r i-- CA '6103 e and Address of Public Agency
Name and Telephone No. of Project Manager: NVo,V+ QI( (6452) 9 127,9 1435Y) 534,
Contract Amount
sido.wak1> , ciriv wal5, f44.x b t ukkAr Aterusf2o1 l
Type of Work Da e Completed
C-11

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?
3(0
Years

2. What is your firm's Average Gross Revenue for the last three years? $ W1‘`1; a✓1

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.) ❑ YesX 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 '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? ❑ YesX No
If "yes," explain on a separate page.

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?
C-12

❑ Ye "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? ❑ YesYesX 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? O Yes Jul 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

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)Kr No
C-13

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? ❑ YesX 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 X 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. 070

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
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
C-14

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?
D 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? 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-15

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 ZttIrk day of maVal
n Di maS , CA
Authorized Sig
Coy raie SeCreM
Position
Grigolla & Sons Const. Co. INC.

Company
ZO2-3 at
C-16

NOTICE OF AFFIRMATIVE ACTION
"NOTICE"
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
Sari OLIN1QS , CA .

A thorized Signa
day of marOA
CoVpofatIon &Pr ti
Position
Grigolla & Sons Cont,s Co. INC
Company
,20 �3 ,at
C-17

Bond No. CSBA-23466

BIDDER'S BOND
(To Accompany Contract Proposal)

KNOW ALL MEN BY THESE PRESENTS,
That Grigolla & Sons Construction Co., Inc. as PRINCIPAL, and Harco National 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 (10%) of the Amount Bid

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above mention bid to the City of Placentia for certain construction for which bids are to be opened at the City Hall of the City of Placentia, 401 East Chapman Avenue, Placentia, Califomia on April 17, 2023 for:
2022-2023 CONCRETE REPAIR PROJECT NO. 1302
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.

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.
2 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of Marci 20 23 •
C-18

•-'
•
BY:

BY:

PRINCIPAL
enstr tiort->Ko., Inc.

D C-ir .Co
Title
r qh c SAX` r ar v�
v��✓ c c)d'o.'�' t�Nfi ��fA1�
Title
(SEAL)
SURETY
Harco N. tfonat1asUrance Company
2400 E Katella Ave., Suite 250, Anaheim, CA 92806
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-19

BID BOND

ACKNOWLEDGMENT OF SURETY
STATE OF ''Z-Ni “.J !L )
County of LG'J'5 Aides )ss
On this ati+� day of M Ar' J , 2Q , A.D.

D.pv: o q,,,,a 1„r.G r ; �0 1 c., personally appeared before me a �e_\*o• r; So(C4,
(Notary Public, Judge or Other Officer)
in and for La'-, A rye' eS County, State of C.--("1 \ F o r N 1 a, known to me to be the SerCa^e,-r•.r7 4 pr'i ,i a_424-4 of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. ary Public, Judge or Other Officer)

STELLA LOPEZ GRIGOLLA
a:y r���)))��'""""""i..

Notary Public - California
r• r• Lox Angeles County
Commission N 2437810
''." a My Comm. Eapbes Feb 10, 2027
C-20

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 Riverside )
On 03/24/2023 before me, R. Nappi, Notary Public
(insert name and title of the officer)
personally appeared Arturo Ayala
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
e. rl (Seal)
R. Nappi r
R. NAPPI
Notary Public - California
Riverside County
Commission # 2327975
My Comm. Expires Jun 7, 2024

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 Bond No. CSBA-23466
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY. a corporation organized and existing under the laws of the State of Illinois. and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark. New Jersey, do hereby constitute and appoint
BENJAMIN WOLFE, MICHAEL D. STONG. CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA
their true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed. required or permitted by law, statute, rule, regulation. contract or otherwise. and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December. 2018. "RESOLVED, that (1) the Chief Executive Officer. President. Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of. Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process. and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation: and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking. recognizance. contract of indemnity or other written obligation in the nature thereof or related thereto. such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
County of Cook
Kenneth Chapman
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
Q�P�9,9ORR 44( ••
SEAL 18
O. lass :3c
.ubd; • LINO%S/
ti
On this 31st day of December, 2021 before me came the individual who executed the preceding instrument. to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY: that the seals affixed to said instrument are the Corporate Seals of said Companies: that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4. 2023

CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originalF on file in the home office of said companies. and that the same are correct transcripts thereof. and of the whole of the said originals. and thai the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, March 241h 2023 A00835
Irene Martins, Assistant Secretary

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

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

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

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

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

PRODUCER
SullivanCurtisMonroe Insurance Services (COR)
1920 Main Street
Suite 600
Irvine, CA 92614
www.SullivanCurtisMonroe.com License # 0E83670

CONTACT
NAME: Jennifer Bernal

PHONE FAX
(A/C, No, Ext): 951 493 3315 (A/C, No): 951 493 3399
E-MAIL
ADDRESS: '[email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Middlesex Insurance Company
23434

INSURED
Grigolla and Sons Construction Co., Inc.
627 W. Allen Ave.

San Dimas CA 91773
INSURER B :

INSURER C :

INSURERD:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 74088178
REVISION NUMBER:

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

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

INSR

TYPE OF INSURANCE
IADDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
✓

COMMERCIAL GENERAL LIABILITY
✓
j
A0191781
5/19/2022
5/19/2023

EACH OCCURRENCE
$1,000,000

CLAIMS -MADE
✓
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 500,000
MED EXP (Any one person)
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L

AGGREGATE
✓

LIMIT APPLIES
1,7P8-r- LOC
PER:

GENERAL AGGREGATE
$3,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$
A

AUTOMOBILE
✓

LIABILITY

ANY AUTO
OWNED

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
✓
A0191781001
5/19/2022
5/19/2023
C O aBINEDtccid ) SINGLE LIMIT
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
A
✓

UMBRELLA LIAB

EXCESS LIAB
✓
OCCUR

CLAIMS -MADE
A0191781004
5/19/2022
5/19/2023

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N/A
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CONCRETE REPAIR, CITY PROJECT #1302
The City of Placentia, its officers, agents, employees, representatives, attorneys and volunteers shall be named as additional insured per attached General Liability endorsement forms CG 20 10 04 13 (ongoing) & CG 20 37 04 13 (completed operations). Primary & Non -Contributory applies per form CG 20 01 04 13. Waiver of subrogation applies to the general liability per form CG 24 04 05 09.

Additional insured to the Commercial Auto per endorsement CA 76 01 06 15 includes Primary & Waiver of subrogation.

CERTIFICATE HOLDER

CANCELLATION
RE: Project #1302
City of Placentia
401 E Chapman Ave
Placentia CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
Jennifer Bernal
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
74088178 I GRIGOSON 1 22-23 GL/CAU/OMB Jennifer Bernal 1 4/27/2023 10:02:15 AM (PST) I Page 1 of 7

Grigolla and Sons Construction Co., Inc.
05/19/2022 05/19/2023
4/27/2023
POLICY NUMBER: A0191781

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
All persons or organizations as required by written
contract with the Named Insured
As designated in written contract with the Named
Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

1. Your acts or omissions; or

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

However:

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

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

CG 20 10 04 13
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

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

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

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
© Insurance Services Office, Inc., 2012