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Agenda packet

Placentia City Council
June 6, 2023

Document
Agenda packet
Meeting
June 6, 2023
Body
Placentia City Council
Pages
38
Original file
3.3 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

RECOMMENDATION:

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

1. Award a Professional Services Agreement for engineering services for the Local Roadway Safety Plan to KOA Corporation for a not -to -exceed amount of $50,000; and

2. Authorize the City Administrator to approve contract change orders up to $5,000; and

3. Approve Resolution No. R-2023-38, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and

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

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to examine more multi -modal transportation options. Promote Community and Economic Development, under Objective Number 5.3.

DISCUSSION:

As of April 2022, it is required that all state, county, and local agencies adopt a Local Road Safety Plan (LRSP) to be eligible to receive Highway Safety Improvement Program (HSIP) grant funds.

These funds are used for planning documents, preliminary engineering documents, and construction improvements to mitigate safety -related issues at intersections and roadways. In the past, the City has benefitted from HSIP funds to fund citywide traffic signal improvements.

The process of preparing a LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements. Preparing a LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

The California Transportation Commission (CTC) through Caltrans allocated a total of $18 million in state funds to assist local agencies in developing their safety plans and issued a call for grant applications. Staff submitted a grant application on behalf of the City. In August 2021, Caltrans was notified that the City's grant application was approved to prepare a LRSP in the amount of $50,000, which includes a 10% (ten percent) local match requirement.

City Council Agenda
June 6, 2023

Page 3 of 3 ends

On January 23, 2023, Staff issued a Request for Proposals (RFP) to hire a qualified consultant to provide professional engineering service for the LRSP. On February 16, 2023, the City received four (4) competitive proposals from qualified engineering firms. Staff conducted a thorough review of the four (4) proposals received and scored them in accordance with the scoring criteria in the RFP. KOA Corporation (KOA) ranked first based upon their overall experience and expertise with similar projects and their understanding of the scope of work and approach to the City's project.

CONSULTANT

RFP SCORE

RANKING
KOA Corporation

89.0 1
Willdan Engineering

86.3 2
AGA Engineers, Inc.

86.0 3
EPD Solutions, Inc.

73.7 4
Therefore, Staff selected KOA as the most qualified firm to assist the City in preparing the LRSP and recommends the City Council that KOA be awarded a contract to conduct the work based upon the qualifications of their proposed project team, experience, proposal, and references.

FISCAL IMPACT:

The recommended actions will approve an agreement with KOA to provide professional engineering design services for a not -to -exceed contract amount of $50,000. Since this project was not included in the annual Capital Improvement Program budget, Resolution No. R-2023-38 (Attachment 2) amending the Fiscal Year 2022-23 Operating Budget is presented for the City Council's consideration to allocate the grant funding received from Caltrans and Citywide Traffic Impact Fee funds towards the cost of these services. No General Fund dollars will be utilized for these professional services.

Prepared by:

Kyra Tad
Transportation Manager
Reviewed and approved:

Jennifer"Lampman
Director of Finance
Reviewe• a d a • . roved: Reviewed and approved:

Luis Este Damien R. Arrula
Deputy City Administrator
City Administrator
Attachments:

1. Professional Service Agreement with KOA Corporation

2. Resolution No. 2023-38 — Budget Amendment

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH

KOA CORPORATION
THIS AGREEMENT is made and entered into this 6TH day of June, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and KOA CORPORATION , a state corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to prepare a Local Roadway Safety Plan for the City as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

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

ATTACHMENT 2

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

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

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

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

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

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

1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 KOA CORPORATION
ATTACHMENT 2

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 Thousand Dollars ($ $50,000.00).

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

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

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

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

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The 3 KOA CORPORATION
ATTACHMENT 2

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 12 months, ending on June 6, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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

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

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

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed 4 KOA CORPORATION
ATTACHMENT 2

work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

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

5.0. INSURANCE

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

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

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of 5 KOA CORPORATION
ATTACHMENT 2

Workers' Compensation or to undertake self-insurance before commencing any of the work.

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

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

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

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

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 KOA CORPORATION
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

6.3. 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 7 KOA CORPORATION
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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:

KOA Corporation
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754
Tel: (323) 260-4703
Email: [email protected]
Attn: Min Zhou, PE
California Regional Manager
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8132
Email: [email protected]
Attn: Kyra Tao, Transportaton
Manager

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

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

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

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of 8 KOA CORPORATION
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the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

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

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

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

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 KOA CORPORATION
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6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

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

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

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

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

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

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Furthermore, Consultant will comply with the following:
10 KOA CORPORATION
ATTACHMENT 2

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

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

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

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

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

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with 11 KOA CORPORATION
ATTACHMENT 2

respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

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

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. 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:
12 KOA CORPORATION
ATTACHMENT 2

Robert S. McKinnell, City Clerk and ex -officio Clerk
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:

Kyra Tao, Transportation Manager

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator
13 KOA CORPORATION
ATTACHMENT 2

EXHIBIT A

CONSULTANT'S PROPOSAL
14 KOA CORPORATION
ATTACHMENT 2

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 KOA CORPORATION
ATTACHMENT 2

PROPOSAL FOR

PROFESSIONAL CONSULTING SERVICES FOR THE

LOCAL ROADWAY SAFETY PLAN

CITY OF PLACENTIA
FEBRUARY 16, 2023
KOA
A

LOCHNER

CC M PANY

TABLE OF CONTENTS
KOA

LOCHNER COMPANY
SECTION 1 I COVER LETTER
3 SECTION 2 I SIGNATURE REQUIREMENTS
4 SECTION 3 I EXECUTIVE SUMMARY
6 SECTION 4 I PROJECT TEAM ORGANIZATION
7 SECTION 5 I RELEVANT PROJECT EXPERIENCE AND REFERENCES 14 SECTION 6 I PROJECT UNDERSTANDING AND APPROACH
19 SECTION 7 I SCOPE OF WORK
21 SECTION 8 I SCHEDULE
27 SECTION 9 I REQUIRED PROPOSAL STATEMENTS
28 SECTION 10 I EXCEPTIONS
29 SECTION 11 I RESOURCE ALLOCATION AND COST PROPOSAL
*Per the RFP, our Cost Proposal is submitted separately.

PROFESSIONAL CONSULTING SERVICES FOR THE LOCAL ROADWAY SAFETY PLAN

CITY OF PLACENTIA
2 KOA

A LOCHNER COMPANY
2141 W. Orangewood Avenue, Orange, CA 92868
T: (714) 573-0317 I F: (714) 573-9534 I www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
SECTION 1 I COVER LETTER
DATE
February 16, 2023
TO
Ms. Kyra Tao
Transportation Manager
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870

FROM AUTHORIZED

PRINCIPAL
Ms. Min Zhou, PE
California Regional Manager
1100 Corporate Center Drive,
Suite 201
Monterey Park, CA 91754
(323) 260-4703
[email protected]

PROPOSED

PROJECT MANAGER
Mr. Clyde Prem
Project Manager
T (619) 683-2933
D (858) 300-8959
[email protected]

RFP/RFQ
Professional Consulting
Services for The Local
Roadway Safety Plan
Dear Ms. Tao:

Attached please find our proposal describing the KOA Corporation (KOA) approach to preparing a Local Roadway Safety Plan (LRSP) for the City of Placentia that will address safety needs and provide eligibility for future Highway Safety Improvement Program grant opportunities.

KOA's Project Manager (PM), Clyde Prem, PTP will manage this project. He successfully has overseen the development and implementation of LRSPs for past projects with the cities of: Encinitas, Upland, Redlands, Poway, and Santee. Our Deputy PM, Ali Shahzad, TE, has also worked on these projects. Mr. Shahzad is licensed as both a civil and traffic engineer with the State of California.

KOA will apply Caltrans' LRSP Program to the City of Placentia's specific conditions and setting. For this specific proposal, we will demonstrate:

1. Strong project management, adherence to schedule and to providing frequent communication with the City;

2. We will provide KOA's well -established stakeholder engagement program providing for input in person, through Zoom/Teams, using surveys and other methods;

3. Using our in- house GIS specialists to quickly analyze complex SWITRS/TIMS data queries; (2) provide a preliminary analysis of the City's collision history data over the last five years, including identification of critical "hot spots" - intersections, roadways, and collision data trends; and

4. Identify engineering/construction projects to address safety at spot locations or systemically. We will also evaluate programs that can be provided using Office of Traffic Safety (OTS) funds.

5. Prepare a detailed implementation plan and reporting system to execute the City's LRSP as a "living document," so that it can evolve with local plans and policies, and achieve success on future HSIP calls -for -projects, and be eligible for future SS4A funding applications.
3 vrcii lie(7 or -4,
KOA

A LOCHNER COMPANY
2141 W. Orangewood Avenue, Orange, CA 92868
T: (714) 573-0317 I F: (714) 573-9534 I www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
Thank you for this opportunity to offer our services to the City of Placentia to help the City prepare an LRSP. Our proposal is valid for 90 days. I am authorized to bind the company as firm Principal of KOA. KOA accepts and acknowledges receipt of the sample "Professional Services Agreement." All the KOA engineers and planners we select to work on this project have multiple years of LSRP project experience. KOA will not be using subconsultants. Please contact me, if you have any questions or if you would like additional information.

Sincerely,
fie\ COQ006(10i cMa1, COM-40i6\ Cci oMon
41 /10 -6i
4 4

SECTION 2 I SIGNATURE REQUIREMENTS
Please see our signed Cover letter in Section 1 on page 4.

KOA

A LOCHNER COMPANY
5 CITY OF PLACENTIA

SECTION 3 I EXECUTIVE SUMMARY
KOA

A LOCHNER COMPANY
KOA is a leading provider in civil engineering, traffic engineering, transportation planning, and construction management services for public agencies and private sector clients. KOA has leveraged our extensive transportation engineering experience with Highway Safety Improvement Program (HSIP) projects, roadway safety and GIS "big data" analysis, along with our grant writing and management services to become an industry leader with the Caltrans Local Road Safety Program (LRSP).
• KOA has completed 25 LRSPs, and have worked directly with Caltrans District 8 staff on nine LRSP projects. • KOA has and continues to work with cities to prepare HSIP grants, develop plans and estimates for awarded HSIP grants.

Clyde Prem, PTP will be the Project Manager. Clyde is a transportation planner, and an expert at data analysis, public input, safety project evaluation and report preparation. He had led completion of six LRSP projects. Ali Shahzad, PE, TE is our Deputy Project Manager, will ensure that the project has been completed to meet all Caltrans and established engineering standards. Greg Garces will also support the project team in planning and engineering.

KOA will provide a thorough assessment of transportation safety. Our initial analysis has found that 75% of all crashes in Placentia occur at intersections. At these intersections, the most frequent type of crash is broadside (35%) and rear end (18%) crashes. A stronger pedestrian environment is supported by safety countermeasures. 18% of total severe jury/fatal collisions are pedestrian collisions.

KOA will apply Caltrans' LRSP Program to the City of Placentia's specific conditions and setting. For this specific proposal, we will demonstrate:

1. Strong project management, adherence to schedule and to providing frequent communication with the City;

2. KOA's well -established stakeholder engagement program providing for input in person, through Zoom/Teams, using surveys and other methods;

3. GIS expertise to quickly analyze complex SWITRS/TIMS data queries; (2) provide a preliminary analysis of the City's collision history data over the last five years, including identification of critical "hot spots" - intersections, roadways, and collision data trends; and

4. Use of benefit -cost analysis to identify projects to address safety at spot locations or systemically. KOA will use the HSIP analysis process to develop a complete list of safety projects for the City to consider.

5. A process leading to an implementation plan and reporting system to execute the City's LRSP as a "living document," so that it can evolve with local plans and policies, and achieve success on future HSIP calls -for -projects, and be eligible for future SS4A funding applications.

The project will be completed within four months of a notice to proceed. 6 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I FIRM PROFILE

FIRM BACKGROUND
Founded in 1987, KOA Corporation (KOA) is a leading provider in professional services in transportation engineering, mobility planning, and construction management for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions, and responsive services.

Our focus on safety for all travelers is the foundation of our professional practice. KOA engineers, planners, construction field specialists, and project managers all take pride in our well -established reputation as Transportation Safety Experts. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contribution to our communities. Our staff includes registered civil and traffic professional engineers, certified transportation planners, certified road safety professionals, project/construction managers, and construction inspectors. With five offices located in Southern California, KOA provides professional consulting services for some of the largest public -works and planning projects for all modes of transportation throughout California.

In December 2022, KOA joined Lochner, a national transportation infrastructure firm headquartered in Chicago, Illinois, providing planning, environmental, design, construction engineering and inspection, and right-of-way services for surface transportation, rail, transit, and aviation clients. Together, we have more resources and capabilities for delivering innovative solutions and enhancing the quality of life in the communities we serve.

KOA'S RELATED EXPERIENCE

LRSP/SSAR EXPERIENCE
KOA has leveraged our extensive transportation engineering experience with Highway Safety Improvement Program (HSIP) projects, roadway safety and GIS "big data" analysis, along with our grant writing and management services to become an industry leader with the Caltrans Local Road Safety Program (LRSP).

KOA has prepared 25 LRSP and 8 SSARP projects locally in Southern California.

LRSPs share a similar framework with aspects of the California Statewide Strategic Highway Safety Plan (SHSP), as each focuses on the 4 "E's" of transportation safety — Engineering, Education, Enforcement, and Emergency Services. An LRSP systematically identifies and analyzes safety problems and recommends safety improvements.

LRSPs/SSARs require a data -driven quantitative analysis of "big data," at which KOA's knowledgeable in-house GIS team excels. Our team of experienced engineers leads project collision and safety analysis, countermeasure selection, and development of constructible concept designs and cost estimates. Our clients can be confident that KOA will deliver a successful Local Road Safety Plan suited to their agency needs.

KOA

A LOCHNER COMPANY

TYPES OF SERVICES
Transportation Engineering
Highway & Roadway Design
Signals, Signing & Striping, Traffic
Control Plans
Traffic Operations & ITS
Mobility Planning (Multimodal)
Complete Streets Planning 8t
Design
Active Transportation (Ped & Bike,
SRTS, First Mile/Last Mile)
Grant Writing & Management
Assessment of Transportation
Impacts
Safety Implementation (HSIP,
ADA, LRSP, SSARP, & SS4A)
Construction Management &
Inspection

YEAR FOUNDED
1987

FORM OF THE

ORGANIZATION
C Corporation

LOCATION OF OFFICES
Monterey Park
Orange
Ontario
San Diego
Culver City

PROJECT OFFICE

LOCATION
2141 W. Orangewood Avenue
Orange, CA 92868
Tel: (714) 573-0317

MAIN CONTACT
Mr. Clyde Prem
Project Manager
T (619) 683-2933
D (858) 300-8959
[email protected]
7 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I

ORGANIZATIONAL CHART
KOA

A LOCHNER COMPANY
The organizational chart below reflects the proposed roles and organization of the KOA staff who will be assigned to perform and/or assist with the required services and deliverables. KOA has a capacity of over 105 qualified professionals available to perform services for this effort. Our project team was organized specifically for this project based on the skill set and experience of the staff. KOA acknowledges that the proposed project team will remain unchanged throughout the duration of the project and replacement of key staff will only be made after consulting with the City.

PRINCIPAL -IN -CHARGE
Walter Okitsu, PE, PTOE,
PTP, RSP21

PLACENTIA

PROJECT MANAGER
Clyde Prem, PTP
Ali Shahzad, TE
Deputy Project Manager

QA/QC MANAGER
Michael Nlsson, AICP CTP

COLLISION DATA ANALYSIS
Eric Tsay
Task Leader
Armin Jorgenson

ENGINEERING SAFETY/ COUNTER

MEASURES & PROJECTS
Greg Garces
Task Leader
Shirjeel Muhummad
Concepts/Cost Estimates

NON -ENGINEERING ES
Eric Tsay
Task Leader

LOCAL ROADWAY SAFETY

PLAN (LRSP)
Clyde Prem, PTP
Frank Barrera, RSPI
Report Preparation
8 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I

KEY STAFF RESUMES

CLYDE PREM, PTP

PROJECT MANAGER I LRSP TASK LEADER I SENIOR PLANNER
Clyde Prem has experience in project management, and with SSAR and LRSP projects. He has coordinated these projects, leading collision analyses and countermeasure evaluations. He has prepared numerous HSIP grant applications. Clyde also leads active transportation projects, the study of mobility hubs, low speed electric vehicle networks, complete streets analysis, bicycle and pedestrian planning, and transit planning. For this project, Clyde will provide overal project management for the data analysis, lead stakeholder coordination, and toolbox development. Clyde will also oversee the development of the final LRSP report.

RELEVANT EXPERIENCE
• City of Upland Local Roadway Safety Plan
• City of Redlands Local Roadway Safety Plan
• City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
• City of Twentynine Palms Local Roadway Safety Plan
• City of San Bernardino Systemic Safety Analysis Report • City of Desert Hot Springs Palm Drive Systemic Safety Analysis Report • City of Poway Local Roadway Safety Plan Preparation
• City of Vista Safe Routes To School Master Plan
• City of Palm Desert Neighborhood Traffic Management Plan • Imperial County Active Transportation Plan
• City of Colton Active Transportation Plan
• SBCTA Metrolink Active Transportation Accessibility Improvements Project • SCAG Palm Springs Pedestrian and SRTS Master Plan
• City of Vista Townsite Complete Street Improvements
• City of Vista Vale Terrace Drive & Foothill Drive Safe Routes to School & Corridor Study
• City of Indio Multi -Modal Hub Feasibility Study and Design • City of Big Bear Lake Moonridge Road Complete Street Design • City of Coachella Avenue 50 PS&E
• City of Palm Desert Lupine Plaza Design
• City of Vista Rancho Minerva Middle School Safe Routes to School Plan KOA

A LOCHNER COMPANY

EDUCATION
MS, Urban Planning &
Transporation, University of
Illinois at Urbana -Champaign,
Champaign, Illinois
BS, Economics, University of Iowa

REGISTRATIONS/

CERTIFICATIONS
ITE Certified Professional
Tranportation Planner (PTP)

AVAILABILITY
40%
9 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I

KEY STAFF RESUMES

ALI SHAHZAD, PE

DEPUTY PROJECT MANAGER I SENIOR ENGINEER
Ali Shahzad brings 25 years of experience with a strong working knowledge of traffic and civil engineering, specializing in traffic signal system design and principles, signal operations, Intelligent Transportation Systems (ITS), and construction inspection. Ali will provide will direct the engineering aspects of the project. As a former city engineer, Ali understands the specific safety and roadway issues and project opportunities. Ali also is the design engineer on a number of HSIP funded safety projects, bringing recent and specific experience to countermeasure evaluation and project development. He will also seal the final LRSP plan.

RELEVANT EXPERIENCE
• City of Encinitas Local Roadway Safety Plan
• City of Poway Local Roadway Safety Plan Preparation
• City of Redlands Local Roadway Safety Plan
• City of Upland Local Roadway Safety Plan
• City of Lake Elsinore HSIP Grant project engineering
• City of Eastvalle HSIP grant development and engineering • City of Palm Desert, Hwy 111 Traffic Signal Coordination • City of Palm Desert, developing a Neighborhood Traffic Calming Program KOA

A LOCHNER COMPANY

EDUCATION
BA, Civil Engineering, San Diego
State University, San Diego,
California

REGISTRATIONS/CERTIFICATIONS
Professional Engineer (PE),
Traffic, CA #2295

AVAILABILITY
20%
WALTER OKITSU, PE, PTOE, PTP, RSP21

PRINCIPAL -IN -CHARGE I PRINCIPAL
Walter Okitsu has extensive experience in transportation planning and traffic design over a wide variety of highway, transit way, and bikeway projects.

Walter has served as President of the Western District of ITE, is a lecturer at UCLA College of Engineering, and is on the California Legislative Council of Professional Engineers. Walter will provide expertise to develop SSAR and LRSP project recommendations. He is an industry leader in safety project evaluation.

His other experience includes designs for traffic signals, street lighting, signing & striping, worksite traffic control. He has field and managerial experience on traffic impact, feasibility analysis, and circulation projects.

RELEVANT EXPERIENCE
• City of Redlands Local Roadway Safety Plan
• City of Upland Local Roadway Safety Plan
• City of Pomona Local Roadway Safety Plan
• City of Azusa Local Roadway Safety Plan
• City of Thousand Oaks Local Roadway Safety Plan
• City of Twentynine Palms Local Roadway Safety Plan
• City of Highland Local Roadway Safety Plan
• City of Pico Rivera Systemic Safety Analysis Report
• City of South Pasadena Citywide Signage Inventory and Systemic Safety Analysis Report

EDUCATION
MS, Transportation Enginerring,
University of California -Berkeley,
Berkeley, California
BS, Civil Engineering, University of
California -Los Angeles, Los Angeles,
California
BS, Math -Computer Science,
University of California -Los Angeles,
Los Angeles, California

REGISTRATIONS/CERTIFICATIONS
Professional Engineer (PE),
Civil, CA #52655, Traffic, CA #1406

AVAILABILITY
35%
10 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I

KEY STAFF RESUMES

MICHAEL NILSSON, AICP CTP

QA/QC MANAGER I DIRECTOR OF MOBILITY PLANNING
Michael Nilsson is the Director of Mobility Planning for KOA, with over 20 years of experience working in both private consulting and for public agencies. He has guided a diverse array of projects, including transportation safety plans, active transportation plans, SRTS plans, and complete/green street projects. Michael oversaw the implementation of hundreds of miles of street improvements and secured over $32 million dollars in grant funding to improve roadway safety. Michael is an excellent report writer and will provide QA/QC review.

RELEVANT EXPERIENCE
• City of Huntington Beach Local Roadway Safety Plan
• City of Redlands Local Roadway Safety Plan
• City of Jurupa Valley HSIP Grant Application
• City of Glendale Sustainability Grant Applications
• City of Wildomar Mobility Plan*
• City of Glendale Safe and Healthy Streets Plan*
• City of Lake Elsinore ATP*
• Tesoro Del Valle Mobility and Safety Program
• City of Avenal ATP and SRTS Plan*
KOA

A LOCHNER COMPANY

EDUCATION
BS, Urban & Regional Planning,
California State Polytechnic
University, Pomona, California

REGISTRATIONS/CERTIFICATIONS
American Institute of Certified
Planners (AICP), #19327
AICP Certified Transportation
Planner (CTP)

AVAILABILITY
30%
*Previous work experience

GREG GARCES

ENGINEERING SAFETY/COUNTERMEASURES AND PROJECTS TASK

LEADER I SENIOR DESIGNER
Greg Garces is a senior designer with more than 12 years of working experience in the traffic engineering and transportation planning field. He specializes in traffic engineering and safety studies, transportation impact analyses, parking studies, traffic signal designs, work zone/traffic control plans, signing and striping plans, and PS&E design for Active Transportation Plans (ATP), Safe Routes to School (SRTS), and Highway Safety Improvement Program (HSIP) projects. He has extensive experience working with CADD applications and traffic engineering software including AutoCAD, Microstation, and Synchro/SimTraffic. Before joining KOA, Greg was a lead project engineer with Minagar & Associates, Inc.

RELEVANT EXPERIENCE
• City of Highland Local Roadway Safety Plan
• City of Rancho Mirage Local Roadway Safety Plan
• City of Rancho Cucamonga Local Roadway Safety Plan
• City of Colton Local Roadway Safety Plan
• City of Huntington Beach Local Roadway Safety Plan

EDUCATION
3 Years BS Coursework, Civil
Engineering, California State
Polytechnic University,
Pomona, California

AVAILABILITY
20%
11 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION

KEY STAFF RESUMES

ERIC TSAY

COLLISION DATA ANALYSIS TASK LEADER/NON-ENGINEERING ES

SENIOR ASSOCIATE PLANNER
Eric Tsay has seven years of transportation experience. Eric is well -versed with use of excel programing, Tableau, SWITRS, GIS, and design tools such as SketchUp 3D and AutoCad. His experience includes data analysis, socio- economic analysis, GIS, developing graphics for LRSPs, active transportation planning, bikeway master plans, trails master plans, safe routes to school plans.

RELEVANT EXPERIENCE
• City of Redlands Local Roadway Safety Plan
• City of Upland Local Roadway Safety Plan
• City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
• City of Poway Local Roadway Safety Plan
• City of Twentynine Palms Local Roadway Safety Plan
• City of Palm Desert CV Link NEV Network Plan and Design • City of Vista Safe Routes to School
• City of Vista Congestion Management Plan
• City of Indio Multi -Modal Hub Feasibility Study
KOA

A LOCHNER COMPANY

EDUCATION
Graduate, Professional Certificate,
Geographic Information Science
and Technology (GIST), University of
Southern California -Los Angeles,
Los Angeles, California
BA, Geography, Urban and Regional
Planning Minor, University of
California -Los Angeles, Los Angeles,
California

AVAILABILITY
30%

SHIRJEEL MUHAMMAD, MS, PE

CONCEPTS/COSTS ESTIMATES I SENIOR ENGINEER
Shirjeel Muhammad has more than 20 years of traffic engineering, traffic safety, transportation planning, and infrastructure project management experience with supervisory responsibilities, both in the private and public sectors. His portfolio involves traffic impact studies, travel demand modeling, traffic operations, corridor studies, simulations, parking demand, internal/ external circulation, site access, accident studies, warrant studies, traffic signal synchronization, preparation/review of signing/marking plans, traffic management plans, and traffic signal plans. Shirjeel has managed contracts from the preliminary engineering stage to the notice of completion. This includes ITS projects, which include the establishment of a citywide GIS system, a city traffic management center (TMC), and developing a statewide ITS infrastructure procurement strategy. He oversaw the design and operations of traffic signal systems and ITS as a senior traffic engineer for Ashghal (public works authority) in the State of Qatar. More recently, he was in the City of Costa Mesa's Transportation Services Division.

RELEVANT EXPERIENCE
• City of Lake Elsinore Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Improvements
Costa Mesa Randolph Avenue Traffic Calming Improvements PS&E • City of Orange Traffic Signal Installation Project
• OCTA Traffic Signal Synchronization Master Plan

EDUCATION
MSCE, Transportation Engineering,
California State University, Long
Beach, CA
BS, Engineering, NED University
of Engineering and Technology,
Karachi, Pakistan

REGISTRATIONS/CERTIFICATIONS
Professional Engineer (PE),
Traffic CA #2274

AVAILABILITY
20%
12 CITY OF PLACENTIA

SECTION 4 I PROJECT TEAM ORGANIZATION I

KEY STAFF RESUMES
FRANK BARRERA, RSP1

LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT PREPARATION

SENIOR PLANNER
Frank Barrera has 17 years of experience in the transportation planning and engineering field. He specializes in transportation planning, traffic engineering, data analysis, and feasibility studies, including Local Road Safety Plans, Safe Routes to School (SRTS), and Active Transportation Program (ATP) studies.

Frank has successfully managed multiple SRTS and ATP projects, various sign inventory and database management projects, and SSAR projects. He has extensive experience in traffic calming and safety improvement projects, and conducts traffic control device audits for SRTS and ATP projects.

RELEVANT EXPERIENCE
• City of Encinitas Local Roadway Safety Plan
• City of Santee Local Roadway Safety Plan
• City of Twentynine Palms Local Road Safety Plan
• City of Highland Local Roadway Safety Plan
• City of Colton Local Roadway Safety Plan
• City of San Bernardino Systemic Safety Analysis Report • City of Victorville Local Roadway Safety Plan
• City of Wildomar Systemic Safety Analysis Report
• City of Fontana Systemic Systemic Safety Analysis Report • City of South Pasadena Citywide Signage Inventory and Systemic Safety Analysis Report
KOA

A LOCHNER COMPANY

EDUCATION
MSCE, Transportation Engineering,
California State Polytechnic
University, Pomona, California
BS, Urban & Regional Planning,
California State Polytechnic
University, Pomona, California

REGISTRATIONS/CERTIFICATIONS
Transportation Professional
Certification Board (TPCB) Road
Safety Professional 1 (RSP1)

AVAILABILITY
20%

ARMIN JORGENSON

COLLISION DATA ANALYSIS SUPPORT I ASSOCIATE PLANNER
Armin Jorgenson is a motivated Associate Planner at KOA with an emphasis in active transportation, public policy, and spatial analysis. In this role, Armin produces narratives and maps, performs GIS analysis, assists with stakeholder outreach, and makes recommendations for transportation design elements.

He has supported the cities of Twentynine Palms and Palm Desert with their Caltrans ATP applications and the City of Huntington Beach with their Long Range Safety Plan. Before coming to KOA, Armin held roles at the City of Temecula, the Center for Sustainable Energy, and Omnitrans. In these roles, he produced maps, performed asset management, wrote grant applications, and made design recommendations for infrastructure projects. Armin is committed to creating a future where sustainable transportation options are not only available, but preferable.

RELEVANT EXPERIENCE
• City of Wildomar Local Roadway Safety Plan
• City of Huntington Beach Local Roadway Safety Plan
• City of San Bernardino Local Road Safety Plan
• City of Colton Local Roadway Safety Plan
• Riverside County ATP Cycle 6 Grant Applications

EDUCATION
MUP, Mobility and Transportation
Planning, Price School of Public
Policy, University of Southern
California, Los Angeles, California
BA, Urban Studies and Planning/ BS,
Environmental Chemistry, Revelle
College, University of California, San
Diego, California

AVAILABILITY
40%
13 CITY OF PLACENTIA

SECTION 5 I RELEVANT PROJECT EXPERIENCE

AND REFERENCES

CITY OF UPLAND LOCAL ROADWAY SAFETY PLAN
(LRSP)

UPLAND , CA
PROJECT DESCRIPTION: KOA demonstrated strong familiarity with State and federal safety procedures preparing a LRSP using a data - driven strategic approach consistent with the state's Strategic Highway Safety Plan (SHSP). KOA worked closely with the City, Caltrans, and stakeholders to identify needs, issues and to determine the best projects in which to seek funding. The LRSP report addresses the 4E's of traffic safety: Engineering, Enforcement, Education, and Emergency Services.

In Upland, many of the collisions were at intersections. Recommended countermeasures were upgrades to signal system hardware, signal operation and improvements at high collision unsignalized locations. We prepared project cost estimates, evaluated project benefits using the HSIP analyzer and prioritized projects based on benefit -cost ratios and community input.

SERVICES PROVIDED: Prepared LRSP, project evaluation using HSIP, project cost estimates
CONSTRUCTION COSTS: $65,000
REFERENCE: Alan French, Principal Engineer, City of Upland, (909) 931- 4235, [email protected]

CITY OF ENCINITAS CITYWIDE LOCAL ROAD

SAFETY PLAN (LRSP)

ENCINTAS, CA
PROJECT DESCRIPTION: This LRSP addressed the concerns from City of Encinitas to address fatal and serious injury collisions. Unique part of this project included addressing collision issues within this diverse city, with coastal areas and issues, a suburban section and a rural -type area.

KOA identified key area factors that contribute to collisions in each area type. This project was completed with input from key stakeholders who provided input on the project mission and goals, key safety issues and non -engineering strategies and countermeasures.

A report was prepared per Caltrans LRSP guidelines and the Caltrans Local Roadway Safety Manual (LRSM). The LRSP includes these items:
• Crash data source and analysis techniques
• Crash data analysis results and highest occurring crash types • Corridor and intersection analysis and safety countermeasures • Cost estimates of recommended improvements
• Prioritization of projects based on cost -benefit ratio Strategies for safety project implementation
SERVICES PROVIDED: KOA provided an LRSP for the City of Encinitas and the services provided are in the project description
CONSTRUCTION COSTS: $80,000
REFERENCE: Abe Bandegan, Traffic Engineer, City of Encinitas, (760) 633- 2705, [email protected]

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CITY OF PLACENTIA

SECTION 5 I RELEVANT PROJECT EXPERIENCE

AND REFERENCES

CITY OF TWENTYNINE PALMS LOCAL ROAD PLAN

TWENTYNINE PALMS , CA
PROJECT DESCRIPTION: KOA completed this Local Road Safety Plan for the City of Twentynine Palms to address safety needs. The LRSP describes input from transportation stakeholders; identifies infrastructure deficiencies; prioritizes improvements; and provides the information needed to apply for future grants and funding to address the safety needs. The project also followed the technical guidelines set out by the Caltrans Systemic Safety Analysis Program. KOA followed a systemic analysis approach to focus on evaluating an entire roadway network using a defined set of criteria. The study examined crash history to identify high -risk roadway characteristics. This project was completed with input from key Stakeholders who provided input on safety needs and goals. The mission of this LRSP was to achieve a reduction in collisions, and in particular, fatal and serious injury collisions through a multi - agency approach that utilizes education, enforcement, engineering, and emergency service strategies. Projects were studied to develop systemic project groups that would achieve strong benefit -cost ratios.

SERVICES PROVIDED: Prepared LRSP, grant writing, safety assessments, and traffic signal for the City of Twentynine Palms
CONSTRUCTION COSTS: $248,000
REFERENCE: Richard Pedersen, Deputy Town Engineer, (760) 240-7000 Ext. 7352, [email protected]

CITY OF POWAY LOCAL ROAD SAFETY PLAN

PREPARATION

POWAY , CA
PROJECT DESCRIPTION: The Local Roadway Safety Plan (LRSP) prepared for the City of Poway provided a citywide review of traffic, pedestrian and bicycle safety. It was prepared consistent with California Department of Transportation (Caltrans) guidelines and developed so that information from the LRSP could be used directly in future HSIP grant applications. The City's project goals included: saving lives and preventing serious injuries; reducing the severity of collisions through reduction in travel speed; providing the needed infrastructure to address higher collision locations; and improving driver awareness of speeding, texting, and drinking while driving. Using SWITRS, KOA completed a thorough analysis of collisions enabling the recommendation of needed safety improvements. The top intersections and corridor segments were evaluated to determine contributing factors. KOA prepared a Poway -specific safety toolbox to evaluate projects. The LRSP summarized next steps with a prioritized list of improvements consistent with Caltrans and HSIP procedures.

SERVICES PROVIDED: KOA provided an LRSP for the City of Poway and the services provided are in the project description
CONSTRUCTION COSTS: $52,000
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CITY OF PLACENTIA

SECTION 5 I RELEVANT PROJECT EXPERIENCE

AND REFERENCES

CITY OF SANTEE LOCAL ROADWAY SAFETY PLAN

SANTEE, CA
PROJECT DESCRIPTION: The LRSP for the City of Santee addressed roadway safety problems through data analysis and identified improvements consistent with California Department of Transportation (Caltrans) guidelines. This LRSP created a framework that systematically identified and analyzed safety problems and recommend safety improvements on key city corridors and for key city intersections. The project included:
• Crash data source and analysis using Crossroads and SWITRS • Stakeholder involvement through surveys and key person meetings • Developing safety countermeasures for intersections and corridors • Preparing cost estimates and project B/C ratios
• The city had specific concerns at intersections. Through our detailed data analysis, we also found mid -block side streets and shopping center driveways where collisions where occurring.

Working with the city, we developed a plan to provide signal coordination along key corridors, upgrade signal hardware, where pedestrian crossings could be addressed, identified where medians were needed, identified where low cost solutions such as regulatory signage could be used, and identified where objects to close to the roadway where causing safety issues. Information was prepared so that it could be easily transferred into an HSIP application for funding.

SERVICES PROVIDED: KOA provided an LRSP for the City of Santee and the services provided are in the project description
CONSTRUCTION COSTS: $65,000
REFERENCE: Minjie Mei, Principal Transportation Engineer, (619) 258-4100, [email protected]

CITY OF FONTANA LOCAL ROAD SAFETY PLAN

FONTANA, CA
PROJECT DESCRIPTION: KOA was contracted by the City of Fontana to Prepare a Local Roadway Safety Plan that systemically identifies and analyzes safety problems and recommends engineering and non - engineering solutions. KOA is conducting an in-depth analysis of the Statewide Integrated Traffic Records System (SWITRS) data for the most recent five years, and identifying prominent collision patterns. Typical intersections and roadway segments reflecting prominent collision patterns will be identified and a field investigation will be conducted to identify safety issues. For each emphasis area, our Team will be developing engineering countermeasures listed in Caltrans' Local Roadway Safety Manual (LRSM) accordingly and identify strategies for non -engineering E's including education, encouragement, emergency medical services, and emerging technologies. KOA will develop priority safety projects and recommend competitive projects for HSIP grant opportunities.

SERVICES PROVIDED: KOA provided an LRSP for the City of Fontana and the services provided are in the project description
CONSTRUCTION COSTS: $72,828
REFERENCE: Dave Teater, Associate Engineer, City of Fontana (909) 350- 6775, [email protected]
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16 CITY OF PLACENTIA

SECTION 5 I RELEVANT PROJECT EXPERIENCE

AND REFERENCES

CITY OF REDLANDS LOCAL ROADWAY SAFETY
PLAN

REDLANDS , CA
PROJECT DESCRIPTION: The KOA prepared a LRSP using a data -driven strategic approach consistent with the state's Strategic Highway Safety Plan (SHSP) and HSIP program. It addresses the required 4E's of traffic safety: engineering, enforcement, education, and emergency services.

A comparative analysis found that the City had high collision rates as compared to other similar cities. KOA used our in-house analysis tools were used to identify locations with high severity and to identify the type of collisions by location. A deep dive into the data found specific causes and locations to be addressed. KOA used our extensive GIS capabilities to produce detailed graphics.

KOA developed an extensive safety toolbox of countermeasures for Redlands. Using safety countermeasures, projects were defined to address signalized intersections with improved hardware and timing; non -signalized locations with flashing beacons, medians, and pedestrian crosswalks, and rural roadway segments with edge lines and centerline rumble strips. The project benefit -cost analysis was completed to allow the information to be directly input into a future HSIP application.

SERVICES PROVIDED: KOA provided an LRSP for the City of Redlands and the services provided are in the project description
CONSTRUCTION COSTS: $80,000
REFERENCE: Veronica Medina, Project Engineer, (909) 798-7584, ext. 6, [email protected]

CITY OF POMONA LOCAL ROADWAY SAFETY PLAN

POMONA, CA
PROJECT DESCRIPTION: The City of Pomona retained KOA to develop a Local Roadway Safety Plan (LRSP). The project took a systemic and proactive approach to address citywide transportation safety and identify the emphasis of improvements. Based on the most recent five years of available collision data from the SWITRS collision database, KOA identified high -priority safety needs and a list of safety improvement projects that provide the most substantial benefit/cost ratio results. The safety measures will also include the non -engineering solutions related to the 4 Es of safety (engineering, education, enforcement, and emergency medical services). KOA provided an effective approach for stakeholders and community members input on transportation safety. KOA also prepared a comprehensive crossing guard study for all of the PUSD schools located within the City of Pomona.

SERVICES PROVIDED: KOA provided an LRSP for the City of Pomona and the services provided are in the project description
CONSTRUCTION COSTS: $106,927
REFERENCE: Ronald Chan, Senior Civil Engineer, (909) 620-2286, ronald_ [email protected]
KOA

A LOCHNER COMPANY

CITY OF POMONA LRSP
Attachment A - Collision Severity
Q City Boundary
Collision Severity
• Fatal
• Severe Injury
6 Other Injury
• Property Damage Only
Hot Spot Locations
Not Significant
L Hat Spot with 90% Confidence
Hot Spot with 95% Confidence
▪ Hot Spot with 99% Confidence
17 CITY OF PLACENTIA

SECTION 5 I RELEVANT PROJECT EXPERIENCE

AND REFERENCES

CITY OF HIGHLAND LOCAL ROADWAY SAFETY
PLAN

HIGHLAND, CA
PROJECT DESCRIPTION: KOA recently received the contract to proceed the LRSP development for the City of Highland. The project involves collecting the most recent five years of collision data from the SWITRS database and analyze the collision types, patterns, and locations with high -collision frequency. KOA will prepare stakeholder meetings to gather public input and recommend countermeasures to improve traffic safety.

KOA will develop a list of safety projects and implementation plan that include the 4 E's - engineering, education, enforcement, and emergency medical services. Projects with competitive benefit -to -cost ratio will be identified for the next HSIP grant application.

SERVICES PROVIDED: KOA provided an LRSP for the City of Highland and the services provided are in the project description
CONSTRUCTION COSTS: $74,934
REFERENCE: Carlos Zamano, Public Works Director/City Engineer, (909) 864-6861 Ext. 254, [email protected]

CITY OF AZUSA LOCAL ROAD SAFETY PLAN

AZUSA, CA
PROJECT DESCRIPTION: KOA is currently developing the Local Road Safety Plan (LRSP) for the City of Azusa. KOA analyzed the collision data from the past five years to identify major collision patterns and transportation safety emphasis areas. KOA created collision diagrams for the five top corridors and intersections and conducted field investigations for potential countermeasure recommendations. The scope of work includes engineering, education, enforcement, and emergency medical services solutions for addressing transportation safety. An LRSP report will be prepared soon. The recommended safety improvements identified in the report will be competitive for the upcoming HSIP Cycle 11 grant.

SERVICES PROVIDED: KOA provided an LRSP for the City of Azusa and the services provided are in the project description
CONSTRUCTION COSTS: $99,998
REFERENCE: Robert Delgadillo, PE, Director of Public Works/City Engineer, (626) 812-5248, [email protected]
KOA

A LOCHNER COMPANY
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18 CITY OF PLACENTIA

SECTION 6 I PROJECT UNDERSTANDING AND APPROACH
KOA

A LOCHNER COMPANY
KOA will provide the City a complete a Local Roadway Safety Plan (LRSP) that will meet Caltrans requirements and position the City for HSIP funding. The LRSP will be Caltrans compliant. Our experience in providing safety plans includes:
• KOA has completed 25 LRSPs, and have worked directly with Caltrans District 8 staff on nine LRSP projects. • KOA has and continues to work with cities to prepare HSIP grants, develop plans and estimates for awarded HSIP grants, manage projects through the Caltrans Local Projects. We are also now actively updating safety plans to be SS4A compliant and are preparing grant applications for SS4A funding.

Key lessons learned from this work:
• Be flexible in how to best get stakeholder input. We have found ways to obtain input efficiently to be able to get key participation, and be respectful of stakeholder time and schedules. • In addition to engineering solutions, LRSP encourages input and consideration of driver behavior, and the need to consider education and enforcement strategies. KOA will obtain input from these key stakeholders.

PROJECT UNDERSTANDING
As part of our analysis approach, KOA will complete an in-depth analysis of crash patterns in Placentia. In order to get an overall assessment of collision patterns in Placentia, we have downloaded the SWITRS/TIMs data and used our internal analysis tools to complete some preliminary analysis. This analysis will be refined and enhanced when we complete the project. Our initial analysis has found that 88% of all crashes in Placentia occur within the intersection area. At these intersections, the most frequent type of crash is broadside (35%) and rear end (18%) crashes. To fully understand collisions, and be able to identify locations for HSIP funding. KOA will review the data in detail, and develop collision diagrams for key locations. Then, KOA will use the Caltrans recognized countermeasures for signalized intersections, unsignalized intersections, or roadways to address these key locations.

A stronger pedestrian environment is supported by safety countermeasures. 18% of total severe jury/fatal collisions are pedestrian collisions. Using collision data, we will identify pedestrian crash locations. For signalized locations, we will examine our full complement of pedestrian countermeasures including at signals — walk times, protected/unprotected phases, leading pedestrian intervals and adequacy of pedestrian crossing infrastructure — countdown heads, pedestrian ramps, etc. For the bicycle system, we will examine bicycle safety of your bike lanes and bike routes.

MANAGEMENT APPROACH
A key item to project success is communication. KOA will ensure full coordination with City staff and be responsive to any email, Teams/Zoom calls, and telephone discussions on a continuous basis throughout the project. In addition, understanding and meeting the required project schedule and budget are key elements for successful project delivery.

Therefore, our management plan includes the close tracking of the project schedule by the project manager.

With respect to controlling project costs, having up-to-date project expenditure information is essential. Our accounting system allows for the tracking of overall project and task expenditures and is accessible from the computer desktops of principals and project managers. Through regular tracking of the project's financial progress, warning flags that tasks are at risk of not being completed within budget will be identified quickly.

QUALITY CONTROL PLAN
Without question, any client expects their consultants to prepare and deliver high quality work projects, and we know that Placentia will expect no less. We are committed to generating quality work products and strive for producing error - free reports and plans. Our quality assurance/quality control (QA/QC) program generally involves having reports and plans go through a minimum two -stage internal review process, before allowing deliverables to be submitted to an 19 CITY OF PLACENTIA

SECTION 6 I PROJECT UNDERSTANDING AND APPROACH
KOA

A LOCHNER COMPANY
agency for review and approval. The first stage of internal review involves a peer review by an experienced planner and design engineer. The second stage of internal review involves another round of reviews by one or more senior -level planner or registered engineer.

Additional stages may include reviews by specialists who will focus on unique or complicated aspects of the project. The reviewers also verify that all agency review comments have been properly addressed on any revised plans or reports that we prepare. The process of document review, correction, editing, and final internal approval are well -documented in KOA's Quality Assurance/Quality Control Program Manual and recorded to provide a paper -trail of the process. The manual is available for review by the City of Placentia.

KOA COMMITMENT
We ensure that all measures of the project's scope of services are completed in a timely and professional manner with an emphasis on providing the City with a high -quality product. 20 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK

KOA'S SCOPE OF SERVICES
TASK 1: PROJECT ADMINISTRATION
A key factor leading to project success is communication.

KOA will ensure full coordination with City staff and be responsive to any email and telephone discussions on a
continuous basis throughout the project. KOA will work
with the City to establish a Project Development Team
(PDT) that will include a kick-off meeting and two (2)
progress meetings.

We will work with the City staff to gain understanding
of the transportation system and the data available to
use in analyzing the system. We will assist the City in providing administrative support to ensure the project is in compliance with Caltrans Local Assistance Procedure
Manual guidelines. Project issues and questions will be dealt with effectively through our attention to detail on this project and to ensure the project remains on schedule and on budget.

1.1 PROJECT MEETINGS
KOA will attend the following in -person or virtual
meetings with City staff for this project:

PROJECT KICK-OFF MEETING
KOA will coordinate a meeting with City staff to kick-off this project. The primary purposes of the meeting will be to:

Clarify the objectives of the study and discuss the
desired outcomes for this work.

Identify stakeholders for the working group. We will
facilitate coordination throughout the project.
• Review the work plan and schedule.

1.2 PROJECT TEAM (PT) MEETINGS
Two meetings are included to provide updates on project progress, upcoming tasks, and identification of any
potential risks and challenges. Virtual/web-based platform conference -call will be held, and/or in person meetings may be held as needed. A project progress meeting will
be held after the City staff reviews the draft engineering countermeasure technical memorandum. The KOA Team
will discuss all the proposed engineering countermeasures with City staff and address their comments and input.

A project progress meeting will be held after the City
staff reviews the Draft Local Roadway Safety Plan. The
KOA Team will discuss all the received comments from
City staff. Additional meetings may be held if needed as project priorities are developed and recommendations
finalized.

KOA

A LOCHNER COMPANY
KOA will provide a meeting agenda to the City's Project Manager at least one business day prior to each Meeting minutes will be submitted to the City for review within five business days after each meeting. Draft reports will be submitted at least five business days prior to the meeting dates.

TASK 1 Deliverables
• Meeting agenda and minutes
• Refined scope of work and schedule
• Monthly progress reports and invoices
• PowerPoint presentation materials
TASK 2: FIELD REVIEW, DATA COLLECTION AND

ANALYSIS

2.1 STAKEHOLDER INPUT
KOA will meet with the City to review the current roadway safety issues and traffic safety concerns forwarded by
stakeholders including, but not limited to, Orange County Sheriff's Department, Placentia Yorba Linda Unified
School District, homeowner associations and the cities of Fullerton, Yorba Linda, and Anaheim.

2.2 REVIEW PROGRAMS
KOA will collect and review existing data, programs,
policies, and activities and provide a summary of current efforts to address roadway safety — including identifying programs that have evidence of measurable success. We
will coordinate with the City to obtain recent engineering studies that have been completed relating to roadway
safety improvements, including traffic signal warrants, feasibility studies, and project study reports.

2.3 COLLISION DATA
KOA will be utilizing crash data as the basis for the safety analysis as requested in the RFP. This database provides the police collision records for each reported collision.

KOA will obtain collision data from the Traffic Information Management System (TIMS), as well as data from the City of Placentia Police Department, for roadway collisions.

2.4 BASE MAP DEVELOPMENT
KOA will develop a base map to use in representing
collision information.
21 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK
TASK 3: SAFETY ANALYSIS
Through the systemic collision data analysis, KOA will
document traffic patterns, roadway features, traffic
volumes, crash type, driver factors, and environmental
conditions with special attention directed to mid -block crosswalks.

We will identify prominent collision patterns, which will include a combination of collision type, location type
(signals vs. mid -block), Primary Collision Factors (PCFs), involved parties, movements preceding the collisions,
lighting conditions, and others. KOA will also identify trends related to shifts in crash type and contributing factors.

KOA will rank the intersections and roadway segments
within the City by collision frequency and Equivalent
Property Damage Only (EPDO) scores, which generally
reflect an order of magnitude difference between the
societal costs of fatal and severe injury crashes versus non -severe injury crashes. This practice helps our team identify prioritized locations for field review. The goal is to identify high crash concentration locations and similar intersections that may not have the same crash history but share similar risk factors.

By way of illustration as to the type of analysis that will be produced from the City crash data, we have run a
preliminary analysis of the City's collision experience using data from the Traffic Information Management
System (TIMS), for the years 2017-2021. Key collision data items from the SWITR database for Placentia is shown in Figure 1.

This next graphic on the next page presents a "heat
diagram" showing the intensity of collisions. The table on the next page provides the dollar value consistent with benefit calculations used by Caltrans. Listed here are the intersections with the highest crash severity. KOA will take this information and assess each location in detail, then identify the best countermeasures. With the high
percentage of broadside collisions, this tends to indicate that signal operation needs review, as well left turns
from side street stop intersections. We will also focus on pedestrian crossings at intersections and for mid -blocks.

Based on our crash analysis, KOA will identify
countermeasures, estimate costs, determine project
benefits and provide a benefit -cost ratio.

KOA

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Top Collision Crash Types (AII)
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Top Collision Factors (AII)
• Vehicle/Pedestrian
Broadside
• Other
• Rear -End
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• Unsafe Speed
• Improper Turning
• Traffic Signals & Signs
• Driving or Bicycling Under the Inf.
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Other Hazardous Violation
• Other Improper Driving
Traffic Signals & Signs
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Figure 1: Key Collision data from SWITR database for Placentia 22 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK
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Collision Heat Diagram (Highest 5 Collision Locations)
Intersection
Fatal
Severe
Injury
Other
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Complaint
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Property
Damage
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Total
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Crash Costs
EPDO
Rank

BASTANCHURY RD & KRAEMER BL
0 1
6 9
0 16
3,171,900
1 CHAPMAN AV & PLACENTIA AV
0 1
5 8
0 14
2,948,700
2 MELROSE ST & ORANGETHORPE AV
0 1
3 8
0 12
2,664,100
3 ORANGETHORPE AV & RICHFIELD RD
0 1
2 4
0 7
2,198,200
4 CHAPMAN AV & MURRAY ST
1 0
2 2
0 5
2,036,400
5 KRAEMER BL & YORBA LINDA BL
0 0
4 10
0 14
1,378,200
6 VALENCIA AV & YORBA LINDA BL
0 0
4 6
0 10
1,054,600
7 BASTANCHURY RD & VALENCIA AV
0 0
5 4
0 9
1,035,100
8 BRADFORD AV & CHAPMAN AV
0 0
3 7
0 10
993,200
9 PALM DR & YORBA LINDA BL
0 0
3 6
0 9
912,300
10 IMPERIAL HWY & ROSE DR
0 0
1 8
0 9
789,500
11 CROWTHER AV & PLACENTIA AV
0 0
2 6
0 8
770,000
12 Chart Showing Intersections with the Highest Collision Costs 23 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK
TASK 4: COUNTERMEASURE DEVELOPMENT

AND POTENTIAL IMPROVEMENT

IDENTIFICATION

4.1 IDENTIFY SAFETY EMPHASIS AREAS
The KOA approach will assess transportation safety and
identify projects that can be supported/funded through
the HSIP program. KOA will collaborate with the City and stakeholders to identify priority areas to establish goals, strategies and countermeasures to improve traffic safety and mitigate the number of collisions. We will develop
both engineering and non -engineering countermeasures
(the 4E's) to address the identified collision patterns and safety emphasis areas based on collision data analysis
and stakeholder input. The countermeasures will be
refined based on feedback from the engagement with key
stakeholders.

As we complete this step, KOA will focus on finding the ideal balance between collision analyses on a systemic
basis and addressing high crash concentration locations.

Using the data related to traffic patterns, roadway
features, traffic volumes, crash type, driver factors, and environmental conditions, we will identify systemic issues and causes for collisions and will identify patterns. KOA will identify top risks and contributing factors to the prominent collision patterns. The safety countermeasures will incorporate continual feedback from City staff and key stakeholders and reflect patterns of existing facilities in the study area.

4.2 SELECT ENGINEERING COUNTERMEASURES
The Local Roadway Safety Manual (LRSM) will be used to
complete the HSIP project assessment. This assessment
will be completed crash locations that have potential to provide a Benefit -Cost ratio that would meet Caltrans
funding thresholds. The LRSM provides the list of
countermeasures that address safety issues recognized for HSIP funding.

Following the process described in the LRSM, Engineering countermeasures will be applied to address collision
locations in Placentia for:
• Roadway Segments — at collision concentrations or
high number of corridor -wide
• Signalized Intersection — at collision concentrations or systemic (city -or corridor) applications
Non -Signalized Intersection- where collisions are
concentrated, and possible systemic application
• Pedestrian crossing safety — identity measures to
address improving the safety of midblock pedestrian
KOA

A LOCHNER COMPANY
crossings and crossings at intersections
• Bicycle improvements — along existing bicycle
facilities, where collisions have occurred within
or approaching intersections, or where any
concentration of collisions are found
• Pedestrian improvement- where collisions have
occurred at signalized and unsignalized intersection
crossings and at mid -block crossings.

KOA has worked with the countermeasures for each facility type. We will describe the potential countermeasures and coordinate with the City to identify the most productive countermeasures. The following factors will be considered for prioritizing countermeasures:
• Crash Modification Factor (CMF) (the % reduction of
collisions from countermeasure)
• Crash reduction benefits based on EDPO values
• Equitably mitigating safety issues for all modes, race and income
• Consistency with City's standard practices
• Implementation cost
• Right-of-way requirements
• Public acceptance

4.3 DESCRIBE NON -ENGINEERING (ENFORCEMENT,

EDUCATION, EMERGENCY RESPONSE) PROGRAMS
The LRSP will improve transportation safety with more
than just "engineering." Coordinating with stakeholders, KOA will propose programs related to other transportation "E"s including education, encouragement, enforcement,
and emergency services. We will begin by identifying
safety emphasis areas. Stakeholders often provide key
input in this area. Our Team will prepare a matrix to
summarize the funding sources for implementing the
proposed safety campaigns and programs.

For example, the KOA Team will develop education and
encouragement strategies to raise transportation safety awareness among different transportation users (students, seniors, and working adults). Here are some example
programs and campaigns to promote safety among
certain groups of roadway users:
• Young age students: walking school bus, bike trains,
safe routes to school walk day
• Bicyclists: cycling skills education
• Motorists: safety handbook, incorporating safety tips into traffic school curriculum
24 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK

4.4 PRIORITY SAFETY PROJECTS
KOA will use the HSIP analysis process to develop a
complete list of safety projects for the City to consider.

Some of the projects will likely have strong benefit -cost ratios and be strong applications for HSIP and SS4A
funding. Other projects may be lower cost, that may
not be projects in which HSIP funding is the best. KOA
will prepare a project list providing: (1) Project location and boundary; (2) Applied safety countermeasures; (3)
Description of the proposed improvements; (4) Estimated cost; (5) Projected collision reduction benefits; and (6) Benefit -Cost Ratio. KOA engineers will conduct a planning - level cost estimation for each safety project.

Funding sources will be identified for engineering,
education, enforcement and emergency services. Many
cities are using Office of Traffic Safety (OTS) grants to fund education and enforcement. Current programs will be
reviewed and other OTS programs identified as needed.

Item Description
Unit
Quantity
Unit Cost
Total
1 Signal Heads Upgrade
EA
146
$ 1,050
$ 153,300
2 Retro-reflective Back plate Tape
EA *
81 $ 5,100
$ 413,100
3 Signal Countdown Heads
EA
432
$ 1,650
$ 712,800
4 ADA Push Buttons
EA
120
$ 1,325
$ 159,000
5 Mobilization
LS
$ 70,000
6 Traffic Control
LS
$ 100,000
Total
$ 1,608,200
Contingencies (10% of Construction)
$ 160,820
Total Construction Cost
$ 1,769,020
* per intersection
Total Benefit
Total Cost
Benefit/Cost Ratio
$47,341,456
52,164,020

21.88 Example of Cost Estimate
TASK 4 Deliverables
A technical memorandum to include:
• Safety mitigation countermeasures description
• Draft prioritization methodology
• Prioritized list of safety projects and methodology
• Detailed summary of prioritized safety projects
• Cost estimates, mapping, and cost/benefit ratio of
proposed safety improvements
KOA

A LOCHNER COMPANY
TASK 5: LRSP DEVELOPMENT AND FINAL
REPORT
Using information gathered in Task 1 through 4, KOA will develop a Final Local Roadway Safety Plan that aligns with the State and Federal Highway Safety Plan. The proposed plan will include strategies for implementation, as well as a methodology to regularly review and update the LRSP
plan.

The methodology, findings, and proposed
recommendations from previous tasks will be
incorporated into the Draft LRSP and submitted to the City for review. KOA will review the Draft LRSP with the City's project manager and City staff. The comments from City
staff will be incorporated into the Final LRSP. KOA will work with the City to develop the LRSP into a living document which can be updated as needed to reflect changing local needs and priorities.

5.1 PUBLIC REVIEW
KOA staff will be available to attend up to two public
meetings. Based on our previous experience with LRSP
and public input, a number of options to receive public input will be offered for the City's consideration.

TASK 5 Deliverables
KOA will provide the draft LRSP. Respond to all
comments and incorporate feedback received on the
Draft LRSP into the Final LRSP.
• KOA will provide the draft LRSP. Respond to all
comments and incorporate feedback received on
the Draft LRSP into the Final LRSP.
• The Final LRSP will be signed and stamped
by a registered Civil and/or Traffic Engineer in
the State of California and include supporting
documentation.
• KOA will provide files of the collision data,
calculation files and GIS files for City use.

KOA will provide meeting minutes and other
correspondence.
• KOA will develop a standard procedure to follow
for modifications to the plan in the future. This
will include how to update collision data and
to identify countermeasures and projects as
conditions change. Placentia Police Department,
for roadway collisions.
25 CITY OF PLACENTIA

SECTION 7 I SCOPE OF WORK
KOA

A LOCHNER COMPANY
(OPTIONAL) TASK 6: SAFE STREETS AND ROADS FOR ALL (SS4A) ACTION PLAN KOA will add information to the LRSP to ensure the safety plan is compliant to support future grant infrastructure grant applications from the SS4A program. The additional tasks will involve completing additional items such as equity considerations, and increased public involvement efforts, focusing on input for all groups. It will include additional discussion and goal setting to identify specific goals for the reduction of serious and fatal collisions. 26 CITY OF PLACENTIA

SECTION 8 I SCHEDULE
KOA

A LOCHNER COMPANY
As requested, the project will be completed in four months (120 days) from the notice to proceed. We will allocate sufficient resources in order to meet this schedule. This schedule can be adapted based on discussions with the City staff.

City of Placentia Local Roadway Safety Plan
2022
2023
Week
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
Date (will adjust depending on Notice to Proceed)
March
April
May
June
TASK 1: PROJECT MANAGEMENT

KICK OFF MEETING

PROJECT MEETINGS
ECTION AND ANALYSIS ■

STAKEHOLDER COORDINATION

REVIEW PROGRAMS

COLLISION DATA

BASE MAP
TASK 3: SAFETY ANALYSIS

1. Ir
.
.

COLLISION ANALYSIS

FIELD REVIEW
TASK 4: COUNTERMEASURE DEVELOPMENT

IDENTIFY SAFETY EMPHASIS AREAS

SELECT ENGINEERING COUNTERMEASURES

PROGRAMS
■
■
■

DRAFT/FINAL LOCAL ROADWAY SAFETY PLAN

PROCEDURES
Public Meeting/Input
Kick-off Meeting
Project Meetings
Presentations
Stakeholder Meeting
KOA's Work
City Review
27 CITY OF PLACENTIA

SECTION 9 I REQUIRED PROPOSAL STATEMENTS
As requested, KOA's proposal statements are stated below.

KOA

A LOCHNER COMPANY
A. A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).

KOA acknowledges the requirements stated in the City of Placentia's RFP, Professional Consulting Services for The Local Roadway Safety Plan and will perform the services and adhere to the requirements described.

B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.

Proposers shall include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

KOA acknowledges that subsequent to award of the RFP, all or part of any submittal may be released to any person or firm who may request it and KOA does not have anything considered proprietary in this proposal.

C. Include a statement of assurance that you will not substitute members of your designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.

KOA acknowledges and assures that no members of our designated team can be substituted without approval by the City of Placentia staff.

D. Include a statement which declares there is no Conflict of Interests.

KOA has no known conflicts of interest in any financial, business, or other relationships with the City of Placentia that may have an impact on the outcome of this contract or any resulting construction project.

E. Provide a statement attesting there has been no Collusion with other proposing firms.

KOA attests that there is no collusion with other proposing firms.

F. Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract. (Please note that actual Certificates of Insurance are not required as part of your submittal.) KOA acknowledges we are fully aware of the insurance requirements as specified in "Exhibit B, Certificates of Insurance and Endorsements" and accept all conditions and requirements as contained therein. We confirm our insurance company is able to provide the coverages and requirements specified, if awarded. Please see Section 10 on page 29 for KOA's indemnification exceptions.
28 CITY OF PLACENTIA

SECTION 10 I EXCEPTIONS
KOA

A LOCHNER COMPANY
KOA acknowledges receipt of the City's sample "Professional Services Agreement". Due to industry -standard limitations placed on us by our insurers, KOA requests the following modifications. Please note the red strike -through indicates our requested edits.

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 arisinc ou- o- the Der-ormance to proportionate extent arising out of the negligent performance or willful misconduct 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 c aim, action, comp aint or sui- asserts iabi i-y acains--he Ci-y, i-s elected and aaDoin-cd officia s, officers, acents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under his Agreemen-, whether or not -he Consul -an-, i-s employees, and/or au-horized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense o -r indemnification of the City for claims, actions, complaints or suits arising out of the sole ac-ive 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. 29 CITY OF PLACENTIA

MC32033

LOS ANGELES I CORPORATE OFFICE
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
(323) 260-4703

ORANGE COUNTY OFFICE
2141 W. Orangewood Avenue
Orange, CA 92868
(714) 573-0317

INLAND EMPIRE OFFICE
3190 Shelby Street, Bldg C.

Ontario, CA 91764
(909) 890-9693

SAN DIEGO OFFICE
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
(619) 683-2933

WESTSIDE OFFICE
300 Corporate Pointe, Suite 470
Culver City, CA 90230
(310) 473-6508
KOA

LOCHNER COMPANY
www.koacorp.com

COST PROPOSAL FOR

PROFESSIONAL CONSULTING SERVICES FOR THE

LOCAL ROADWAY SAFETY PLAN

CITY OF PLACENTIA
FEBRUARY 16, 2023
P P P P Pm •-- 1
0 KOA
A

LOCHNER

CC M PANY

SECTION 11 I RESOURCE ALLOCATION AND COST PROPOSAL

STANDARD METHOD OF COMPENSATION / FEE PROPOSAL
City of Placentia Local Roadway Safety Plan (LRSP) Preparation KOA

LOCHNER COMPANY
Project *r
anager/Senior
Planner
Senior Engineer
1g
Associate
Engineer/Planner
II
Assistant
Engineer/Planner
Total
Hours
Other
Direct
Costs
KOA
TOTAL
Hourly Rates (Fully Burdened)
$200.00
$200.00
$120.00
$90.00
Base Servic _
TASK 1: PROJECT MANAGEMENT

KICK OFF MEETING
2 2
2 0
6 $0
$1,040

STAKEHOLDER COORDINATION
4 2
8 0
14 $100
$2,260

MONTHLY PROGRESS REPORTS
2 2
$400

PROJECT MEETINGS
4 4
8 $1,600

SUBTOTAL
12 8
10 0
30 $100
$5,300
TASK 2: DATA COLLECTION AND ANALYSIS

STAKEHOLDER COORDINATION
8 2
8 0
18 $0
$2,960

REVIEW PROGRAMS
2 8
2 12
$0
$1,540

COLLISION DATA
2 2
10 4
18 $2,360

BASE MAP
4 $480

SUBTOTAL
12 4
30 6
48 $0
$7,340
TASK 3: SAFETY ANALYSIS

COLLISION ANALYSIS
10 2
24 36
$5,280

FIELD REVIEW
8 8
16 $100
$3,300

SUBTOTAL
18 10
24 0
52 $100
$8,580
TASK 4: COUNTERMEASURE DEVELOPMENT

IDENTIFY SAFETY EMPHASIS AREAS
8 0
8 0
16 $0
$2,560

SELECT ENGINEERING COUNTERMEASURES
12 4
12 4
32 $5,000

PROGRAMS
2 0
4 6
$880

PRIORITY SAFETY PROJECTS
12 8
8 4
32 $5,320

SUBTOTAL
12 8
8 4
32 $0
$5,320
TASK 5 - LRSP DEVELOPMENT

DRAFT/FINAL LOCAL ROADWAY SAFETY PLAN
16 4
40 4
64 $100
$9,260

PROCEDURES
12 4
8 0
24 $4,160

SUBTOTAL
28 8
48 4
88 $100
$ 13,420

TOTAL BASE SERVICES
82 38
120
14 250
$300
• 1 TOTAL
$ 16,400
$ 7,600
$ 14,400
$ 1,260
$ 300
$ 39,960
Additional Task
Safe Streets and Roads for All Items
12 0
32 4
48 $100
$6,700

CITY OF PLACENTIA
31 MC32033

LOS ANGELES I CORPORATE OFFICE
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
(323) 260-4703

ORANGE COUNTY OFFICE
2141 W. Orangewood Avenue
Orange, CA 92868
(714) 573-0317

INLAND EMPIRE OFFICE
3190 Shelby Street, Bldg C.

Ontario, CA 91764
(909) 890-9693

SAN DIEGO OFFICE
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
(619) 683-2933

WESTSIDE OFFICE
300 Corporate Pointe, Suite 470
Culver City, CA 90230
(310) 473-6508
KOA

LOCHNER COMPANY
www.koacorp.com

-----1 ®
A� o CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
06/11/2023
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
Aon Risk Services Northeast, Inc.

New York NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA

CONTACT
NAME:

A/C. No. Ext): (866) 283-7122 FA No ): (800) 363-0105
(
E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #

INSURED
KOA Corporation
1100 Corporate Center Drive
Suite 201
Monterey Park CA 91754 USA
INSURER A: Beazley Insurance Company, Inc.
37540
INSURER B: American Casualty Co. of Reading PA
20427
INSURER C: The Continental Insurance Company
35289
INSURER D: National Fire Ins. Co. of Hartford
20478
INSURER E:

INSURER F:

COVERAGES
CERTIFICATE NUMBER: 570099385225
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. Limits shown are as requested INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
7A18734441
05/01/2028
05/01/2024

EACH OCCURRENCE
$1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)
$15,000

PERSONAL & ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:

GENERAL AGGREGATE
$2,000,000
POLICY
PRO -X
JECT
LOC

PRODUCTS - COMP/OP AGG
$2,000,000
OTHER:

D

AUTOMOBILE LIABILITY
7018734438
05/01/2023
05/01/2024

COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X

ANY AUTO
BODILY INJURY ( Per person)
OWNED

SCHEDULED
AUTOS
BODILY INJURY (Per accident)
A

AUTOS ONLY

HIRED AUTOS
ONLY

NON -OWNED

AUTOS ONLY

PROPERTY DAMAGE
(Per accident)
C
X

UMBRELLA LIAB
X
OCCUR
7018734407
05/01/202305/01/2024

EACH OCCURRENCE
$15,000,000

EXCESS LIAB

CLAIMS -MADE

AGGREGATE
$15,000,000
DED X RETENTION $10 000
B

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
7018734424
05/01/2023
05/01/2024
x

PER STATUTE I
OTH-
ER
C

ANY PROPRIETOR / PARTNER / EXECUTIVE
Y/ N
N
N/A
AO5
7018734410
05/01/2023
05/01/2024
E.L. EACH ACCIDENT
$1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
CA
E.L. DISEASE -EA EMPLOYEE
$1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
A
Environmental Contractor
Poll/Prof [E&O]
V2AEA4220301
05/01/202206/01/2023
Prof Limit
Poll Limit
SIR
$10,000,000
$20,000,000
$750,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pro3: KOA: JB93058, Placentia Citywide Cycle 9 Highway Safety Improvement Program -- The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as additional insured as respects general & auto liability as required per written contract or agreement. Primary and non-contributory wording and waivers of subrogation apply per policy endorsement forms attached.

CERTIFICATE HOLDER

CANCELLATION
Ci ty of Placentia
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.

AUTHORIZED REPRESENTATIVE
w ` ��
r
9 Holder Identifier :

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

The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: 570000088080
LOC #:

ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk Services Northeast, Inc.

NAMED INSURED
KOA Corporation

POLICY NUMBER
See Certificate Number: 570099385225

CARRIER
See Certificate Number: 570099385225

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance

INSURER(S) AFFORDING COVERAGE
NAIC #

INSURER

INSURER

INSURER

INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS
OTHER
A
Environmental Contractor
Po11/Prof [E&O]
V2AEA4220301
05/01/2022
06/01/2023
SIR
$750,000
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CNA

CNA PARAMOUNT
40020004170187344412377
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

CNA75079XX (10-16) Policy No: 7018734441

Page 1 of 2 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75079XX (10-16)

Page 2 of 2 ends

The Continental Insurance Co.

Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Policy No: 7018734441
Endorsement No: 20
Effective Date: 05/01/2023

CNA

CNA PARAMOUNT
40020004170187344412360
Architects, Engineers and Surveyors General Liability
Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance

3. Additional Insured — Extended Coverage

4. Boats

5. Bodily Injury — Expanded Definition

6. Broad Knowledge of Occurrence/ Notice of Occurrence

7. Broad Named Insured

8. Contractual Liability — Railroads

9. Estates, Legal Representatives and Spouses

10. Expected Or Intended Injury — Exception for Reasonable Force

11. General Aggregate Limits of Insurance — Per Location

12. In Rem Actions

13. Incidental Health Care Malpractice Coverage

14. Joint Ventures/Partnership/Limited Liability Companies

15. Legal Liability — Damage To Premises

16. Liquor Liability

17. Medical Payments

18. Non -owned Aircraft Coverage

19. Non -owned Watercraft

20. Personal And Advertising Injury — Discrimination or Humiliation

21. Personal And Advertising Injury - Contractual Liability

22. Property Damage — Elevators

23. Retired Partners, Members, Directors And Employees

24. Supplementary Payments

25. Unintentional Failure To Disclose Hazards

26. Waiver of Subrogation — Blanket

27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15)

Page 1 of 18 ends

The Continental Insurance Co.

Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Policy No: 7018734441
Endorsement No: 11
Effective Date: 0 5/ 01 /2 023

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization's financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf:
a. in connection with the Named Insured's premises; or
b. in the performance of the Named Insured's ongoing operations.

But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to:

CNA74858XX (1-15) Policy No: 7018734441

Page 2 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412361
Architects, Engineers and Surveyors General Liability
Extension Endorsement

1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or

2. supervisory, inspection, architectural or engineering activities.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: 7018734441

Page 3 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard.

With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

I. Trade Show Event Lessor

1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. ADDITIONAL INSURED — EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds.

If the additional insured is:
a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds;
CNA74858XX (1-15) Policy No: 7018734441

Page 4 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412362
Architects, Engineers and Surveyors General Liability
Extension Endorsement
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations.

Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds.

4. BOATS
Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft:

This exclusion does not apply to:

Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work.

5. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

7. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 7018734441

Page 5 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ.

8. CONTRACTUAL LIABILITY — RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:

Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:

CNA74858XX (1-15) Policy No: 7018734441

Page 6 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412363
Architects, Engineers and Surveyors General Liability
Extension Endorsement
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.

9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.

10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of:

1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and

2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location.

Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location.

B. All:

1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Policy No: 7018734441

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The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and

3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location,
will reduce the General Aggregate Limit shown in the Declarations.

C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means:

1. a premises the Named Insured owns or rents; or

2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location.

For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location.

D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location.

E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations.

F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated.

12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
CNA74858XX (1-15) Policy No: 7018734441

Page 8 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412364
Architects, Engineers and Surveyors General Liability
Extension Endorsement
B. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. to add the following additional exclusions:

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
CNA74858XX (1-15) Policy No: 7018734441

Page 9 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
CNA74858XX (1-15) Policy No: 7018734441

Page 10 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412365
Architects, Engineers and Surveyors General Liability
Extension Endorsement
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED:

If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program.

B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED:

The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria:
a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and
b. There is no other valid and collectible insurance purchased specifically to insure the joint venture.

However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees.

C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

CNA74858XX (1-15) Policy No: 7018734441

Page 11 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED

INSURED'S CARE, CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:

This insurance does not apply to:
j•
Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

Paragraph (2) of this exclusion does not apply if the premises are your work.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard.

Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises.

However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Policy No: 7018734441

Page 12 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412366
Architects, Engineers and Surveyors General Liability
Extension Endorsement
c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.

A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below.

B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.

C. The following paragraph is added to LIMITS OF INSURANCE:

Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.

D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.

E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control;

16. LIQUOR LIABILITY
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.

This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

CNA74858XX (1-15) Policy No: 7018734441

Page 13 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

18. NON -OWNED AIRCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

19. NON -OWNED WATERCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:

Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

CNA74858XX (1-15) Policy No: 7018734441

Page 14 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412367
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part.

21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability.

B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Policy No: 7018734441

Page 15 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

22. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.

24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured's ongoing operations; or

2. your work included in the products -completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

CNA74858XX (1-15) Policy No: 7018734441

Page 16 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
40020004170187344412368
Architects, Engineers and Surveyors General Liability
Extension Endorsement

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.

If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:

A. The following wording is added to the above -referenced endorsement:

With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:

1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor

2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures.

B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):

This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program.

C. DEFINITIONS is amended to add the following definitions:

Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).

Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:

1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and

2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).

However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.

CNA74858XX (1-15) Policy No: 7018734441

Page 17 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA74858XX (1-15) Policy No: 7018734441

Page 18 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA
Workers Compensation And Employers Liability Insurance
Policy Endorsement

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 2; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 7 18734410
Policy Effective Date: 05/01/2023
Policy Page: 14 of 15
© Copyright CNA All Rights Reserved.

CNA

CNA PARAMOUNT
40020004170187344412369
Limited Contractual Liability — Railroads Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Scheduled Railroad:

ANY RAILROAD AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Designated Job Site:

ALL INSURED JOBSITES WITHIN THE COVERAGE TERRITORY OF THIS PART Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

It is understood and agreed that with respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the section entitled DEFINITIONS is amended to delete paragraphs c. and f. the definition of insured contract and replace them with the following:
c. Any easement or license agreement;
f. That part of any other contract or agreement pertaining to a Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which a Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, provided the bodily injury or property damage is caused, in whole or in part, by a Named Insured or those acting on the Named Insured's behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent a Named Insured's assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities.

CNA74825XX(1-15) Policy No: 7018734441

Page 1 of 2 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Limited Contractual Liability — Railroads Endorsement
All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA74825XX (1-15) Policy No: 7018734441

Page 2 of 2 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA
Business Auto Policy
Insured Name Producer Information
H. W. LOCHNER INC AON RISK SERVICES NORTHEAST INC
225 W WASHINGTON ST FL 12 165 BROADWAY STE 3201
CHICAGO, IL 60606-2418 ONE LIBERTY PLAZA
NEW YORK, NY 10006-1404
Policy Number Producer Processing Code
BUA 7018734438 030-086775
Policy Period CNA Branch
05/01/2023 to 05/01/2024 NEW YORK CITY
125 Broad Street
New York, NY 10004
Endorsement
Thank you for choosing CNA!
With your Business Auto Policy, you have insurance coverage tailored to meet the needs of your business.

The international network of insurance professionals and the financial strength of CNA, rated "A" by A.M.

Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you.

Claim Services
To report a loss go to www.cna.com/claim or send an email to [email protected], or call 877-CNA-ASAP (877-262-2727)
. To find a network provider, go to www.cna.com/claim
. To request loss runs send an email to [email protected] . For additional questions call CNA Customer Service at (877)-574-0540, or contact your independent CNA Insurance Agent.

Risk Control Services
To learn more about our award winning Risk Control Services and how to improve your bottom line, please email us at [email protected], call (866) 262-0540 or visit www.cna.com/riskcontrol .

Commercial Automobile Identification Cards
Evidence of automobile insurance is required and must be produced upon request by law enforcement.

Enclosed you will find your Automobile Insurance Identification Cards for each insured auto. The applicable Card must be carried in the insured auto at all times. If you are not the person directly responsible for having these Automobile Identification Cards displayed in each vehicle, please direct these cards to the appropriate person within your organization. The information displayed on the individual card(s) and the quantity supplied is based on the vehicle information provided by your independent CNA Insurance Agent. © Copyright CNA All Rights Reserved.

CNA
Quality Assurance
Questions pertaining to this transaction should be referred to CNA Customer Interaction Center at 877-574-0540, Option 3. Please send endorsement requests to [email protected] or fax 877-363-8669. © Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
Policy Schedule

AMENDMENT OF FORMS AND ENDORSEMENTS SCHEDULE

ADDITION OR DELETION OF ENDORSEMENTS
It is understood and agreed as follows:

I. ADDITION OF FORMS OR ENDORSEMENTS
The Forms and Endorsements Schedule is amended to add the following forms or endorsements effective as of the date set forth in such form or endorsement.

Endorsement
Number
Form or Endorsement Name
Form Number
Edition Date
Effective
Date
Expiration
Date
66 AMENDMENT OF FORMS

AND ENDORSEMENTS

SCHEDULE ADDITION OR

DELETION OF

ENDORSEMENTS
CNA62673XX
06-2017
05/01/2023
05/01/2024
67 WAIVER OF TRANSFER OF

RIGHTS OF RECOVERY

AGAINST OTHERS TO US
(WAIVER OF

SUBROGATION) -

AUTOMATIC WHEN

REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT
CA 04 43
11-2020
05/01/2023
05/01/2024
II. DELETION OF FORMS OR ENDORSEMENTS
The Forms and Endorsements Schedule is amended to delete the following forms or endorsements effective as of the "deletion date" indicated below.

The net premium change, if any, for the above endorsements in Sections I. and II. is:

Surcharge Taxes and Fees changes are:

Total change is:

All other terms and conditions of the policy remain unchanged.

TBD
TBD
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: CNA62673XX (06-2017)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 66; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 7018734438
Policy Effective Date: 05/01/2023
© Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
Policy Endorsement
1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF

SUBROGATION) - AUTOMATIC WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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.

The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived:

A. Under a written contact or agreement with such person(s) or organization(s); and B. Prior to the "accident" or the "loss."
Form No: CA 04 43 11 20
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 67; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 7018734438
Policy Effective Date: 05/01/2023
© Copyright Insurance Services Office, Inc., 2019

CNA
Workers Compensation And Employers Liability Insurance
Policyholder Notice

NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
It is understood and agreed that:

If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective.

If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice.

Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: CC68021A (02-2013)
Policyholder Notice; Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Policy No: WC 7 18734424
Policy Effective Date: 05/01/2023
Policy Page: 7 of 86
© Copyright CNA All Rights Reserved.

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard.

With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

I. Trade Show Event Lessor

1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. ADDITIONAL INSURED — EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds.

If the additional insured is:
a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds;
CNA74858XX (1-15) Policy No: 7018734441

Page 4 of 18 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA
Workers Compensation And Employers Liability Insurance
Policy Endorsement

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.

The premium charge for the endorsement is reflected in the Schedule of Operations.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 4; Page: 1 of 1
Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Policy No: WC 7 18734424
Policy Effective Date: 05/01/2023
Policy Page: 62 of 86
Copyright 1983 National Council on Compensation Insurance.

CNA

CNA PARAMOUNT
40020004170187344412247
Policy Holder Notice - Countrywide
It is understood and agreed that:

If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective.

If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice.

Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75014XX (1-15) Policy No: 7018734441

Page 1 of 1 ends

The Continental Insurance Co. Effective Date: 05/01/2023 Insured Name: H. W. LOCHNER INC.

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

ANA
Business Auto Policy
Policy Endorsement

NOTICE OF CANCELLATION TO

CERTIFICATEHOLDERS
It is understood and agreed that:

If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.

If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.

Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA68021 XX (02-2013)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 54; Page: 1 of 1
Underwriting Company : National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 7018734438
Policy Effective Date: 05/01 /2023
Policy Page: 225 of 744
Copyright CNA All Rights Reserved.

CNA
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
Business Auto Policy
Policy Endorsement
It is understood and agreed that the words "you" and "your", as used throughout this policy, also refer to the following persons or organizations:

NAMED INSUREDS

KOA CORPORATION
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA86105XX (06-2016)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 57; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
Policy No: BUA 7018734438
Policy Effective Date: 05/01/2023
Policy Page: 154 of 157
° Copyright CNA All Rights Reserved.

RESOLUTION NO. R-2023-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.

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

B. Resolution.

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

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

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

Fund
Description
Department
GL Account
Amount _
Type
City Capital
Projects
Caltrans State
Grant Fund
N/A
339303-4205
$45,000
Revenue
City Capital
Projects
Infrastructure -
Major Studies
(LSRP)
City Capital Project
Fund
339303-6770
$45,000
Expense
Citywide
Traffic Impact
Fee Fund
Fund Balance
N/A
659303-6770
$10,000
Expense
Resolution R-2023-38

Page 1 of 2 ends

ATTACHMENT 2

Citywide
Infrastructure -
Citywide Traffic
659303-6770
$10,000
Expense
Traffic Impact
Fee Fund
Major Studies
(LRSP)
Impact Fee Fund

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

PASSED, ADOPTED AND APPROVED THIS 6th DAY OF JUNE
2023.

Ward L. Smith, Mayor
ATTEST:

Robert McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 6T" day of June 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
Resolution R-2023-38 ATTACHMENT 2

Page 2 of 2 ends

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE JUNE 6, 2023
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH SVA ARCHITECTS, INC., FOR ON -CALL ARCHITECTURAL DESIGN SERVICES FOR

THE CITY HALL/POLICE STATION MODERNIZATION PROJECT, CITY PROJECT NO. 5208
EXPENSE: $ 294,396
BUDGET: S 324,500
$ 150,000
$ 174,500

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022-23 CIP BUDGET
GENERAL FUND/ARPA (105208-6850)
MEASURE U (795208-6850)
Over the past several years the City has added staff to fulfill various operational and capital needs of the City. In order to allocate office space for these new staff, the City has been converting former storage spaces and splitting up large offices to create new workspaces for these personnel. As the organization continues to grow it has become apparent that the City needs to take a larger, more holistic view in terms of long-range space planning in conjunction with badly needed building renovations and infrastructure replacement at City Hall and the Police Station.

As such, Staff developed the City HaII/Police Station modernization project which will add construction of new office spaces, restrooms and other supporting infrastructure to the replacement of the existing HVAC system, new solar photovoltaic panels, new roof, and new office spaces located in the west wing of the building.

This west wing scope of work includes an expanded server room, conversion of the existing emergency operations center into new office spaces, a conference room, an employee fitness center, men's and women's restrooms and locker rooms, and lactation room. With the upcoming relocation of the Placentia Public Safety Communications Center to the newly constructed Placentia Public Safety Center, the police station work scope includes an expanded and remodeled women's restroom, locker room and lactation room, as well as a redesign and expansion of the watch commander and records office spaces. In addition to the renovations, the entire building will require the development of a integrated ceiling plan that has been coordinated with planned HVAC renovations.

1.g.

June 6, 2023

City Council Agenda
June 6, 2023

Page 2 of 3 ends

The City currently maintains an on -call architectural design professional services agreement with SVA Architects, Inc., fora not -to -exceed amount of $150,000. Based on the proposal review, Staff is recommending that the City Council approve the proposed Amendment No. 1 increasing the not -to -exceed contract amount by $144,396 to provide necessary architectural design services for the final engineered construction plans and bid documents for this project. Sufficient funds have been budgeted in the Fiscal Year (FY) 2022-23 Capital Improvement Program Budget to pay for these services.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Approve Amendment No. 1 to Professional Services Agreement with SVA Architects, Inc for an additional $144,396 to provide architectural design services for the City Hall/Police Station Modernization Project for a cumulative contract not -to -exceed amount of $294,396; and

2. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount, or $29,439; and

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

STRATEGIC PLAN STATEMENT:

There is no specific Strategic Plan Goal or Objective associated with this Council action.

DISCUSSION:

Over the past several years the City has added staff to fulfill various operational and capital needs of the City. In order to allocate office space for these new staff, the City has been converting former storage spaces and splitting up large offices to create new workspaces for these personnel. As the organization continues to grow it has become apparent that the City needs to take a larger, more holistic view in terms of long-range space planning in conjunction with badly needed building renovations and infrastructure replacement at City HaII and the Police Station.

As such, Staff developed the City Hall/Police Station modernization project which will add construction of new office spaces, restrooms and other supporting infrastructure to the replacement of the existing HVAC system, new solar photovoltaic panels, new roof, and new office spaces located in the west wing of the building.

This west wing scope of work includes an expanded server room, conversion of the existing emergency operations center into new office spaces, a conference room, an employee fitness center, men's and women's restrooms and locker rooms, and lactation room. With the upcoming relocation of the Placentia Public Safety Communications Center to the newly constructed Placentia Public Safety Center, the police station work scope includes an expanded and

City Council Agenda
June 6, 2023

Page 3 of 3 ends

remodeled women's restroom, locker room and lactation room, as well as a redesign and expansion of the watch commander and records office spaces. In addition to the renovations, the entire building will require the development of an integrated ceiling plan that has been coordinated with the planned HVAC renovations. A new emergency operations center will be constructed within the new Placentia Public Safety Center.

On October 8, 2022, the City Council approved an on -call professional services agreement with SVA Architects, Inc., (SVA), along with several other architectural firms to create a bench list to provide on -call architectural design services. SVA was selected from this list for this project based on their qualifications and experience on similar projects. Based upon their proposal review, this proposed Amendment No. 1 will provide the additional contractual spending authority needed for SVA to provide architectural design services for the final engineered construction plans and bid documents for the City Hall/Police Station Modernization Project.

FISCAL IMPACT:

The proposed contract not -to -exceed amount to provide design services for this project totals $294,396. A total of $324,500 has been budgeted in the FY 2022-23 Capital Improvement Program Budget for this phase of the project. As such, sufficient funds exist for the recommended actions.

Prepared by: Reviewed and approved:

Masoud SepOhi, P.

Jennifer Lampman
City Engineer Director of Finance
Reviewed and approved:

Luis Estevez
Reviewed and approved:

Damien R. Arrula
Deputy City Administrator City Administrator
Attachment:

Amendment No. 1 to Professional Services Agreement with SVA Architect, Inc.

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF ARCHITECTURAL AND ENGINEERING SERVICES
WITH SVA ARCHITECTS, INC.

This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 6th day of June 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and SVA ARCHITECTS, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective October 18, 2022 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the not -to -exceed contract amount from $150,000 to a total not -to -exceed amount of $294,396 for architectural design services for the City Hall/Police Station Modernization Project. (iii). A11 legal prerequisites to the making of this Amendment have occurred.

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

B. Amendment to Agreement.

1. Section 2.0, Paragraph one of the Agreement is hereby amended to read as follows:

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 Ninety -Four Thousand Three Hundred Ninety -Six Dollars ($294,396).

2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

Page 1 of 2 ends

4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By: By:

Robert M. Simons Damien Arrula
Partner and President City Administrator
ATTEST:

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

By:

Christian L. Bettenhausen
City Attorney

Page 2 of 2 ends

ARCHITECTS
Santa Ana + Oakland + San Diego + Honolulu SVA Architects, Inc. 6 Hutton Centre Drive, Suite 1150
Santa Ana, California 92707
T 949.809.3380
[email protected]
www.sva-architects.com
May 12, 2023
Ms. Raquel Garcia
Associate Civil Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Phone: 714-993-8128 I Fax: 714-961-0283
Email: [email protected]
Re: City Hall and Police Department Complex Renovation
Dear Ms. Garcia:

SVA Architects, Inc. (SVA) is pleased to have an on -call agreement with the City of Placentia (City) to have the opportunity to provide on -call architectural services in support of various capital improvement projects for public buildings, parks, and recreational facilities.

Our proposal is for the assessment, design work, and project coordination for the City Hall and Police Department complex located at 401 E. Chapman Avenue, Placentia, CA 92870. We appreciate the initial site visit on February 27, 2023, to see the existing conditions. An additional site visit with our MEP Engineer took place on April 27, 2023. Furthermore, a call was conducted on May 4, 2023, to clarify the scope and responsibilities between SVA's team and the City's HVAC consultant — NV5. Enclosed is our project understanding of our required scope of work, the key team members, and our fee proposal for the work.

I. Project Background & Scope of Work
The Project entails multiple tasks, including the following.

A. Assessments

1. The Fire Alarm Assessment will include a review of the existing system's age, coverage, and condition as it relates to the current code, the floor plan layout, and the HVAC replacement project. Our assessment will identify issues and make recommendations for systems modifications or replacement (if applicable). The implementation of any system modifications or replacement is not a part of our scope. The City has a fire alarm vendor and they will do any design work as necessary.

2. The Accessibility Assessment will include a review throughout the building, including the path of travel, door hardware, restrooms, etc., that are not currently ADA compliant. SVA will conduct an accessibility evaluation and provide the City our feedback.

City of Placentia
City HaII Renovation & Additional Tasks
May 12, 2023

Page 2 ends

B. Design Work
S//.L

1. In the selected areas of the City Hall West Wing and the Police Department, there is a need for space planning and renovation. See Exhibit A for the two areas described below; they are labeled as "Area of Design".
a. The City Hall West Wing scope will include an expanded server room, some additional office spaces, a fitness center, a men's restroom and locker room, a women's restroom and locker room (including a lactation room), and potentially a new conference room. b. The Police Department scope will include a women's restroom, locker room and lactation room, and remodel of the office space for the watch commander and records room.

2. The City's hired HVAC Engineer, NV5, will design a new HVAC system and related mechanical work per SVA's renovation plan for the areas described above. SVA and NV5 to coordinate the drawings; SVA's team is responsible for Architectural, Electrical/Lighting, and Plumbing work for the renovation. SVA is not required to do any QA/QC (Quality Assurance/Quality Control) of NV5's designs or documents; SVA's scope with NV5 only involves coordination to ensure there are no conflicts in the remodeled scope. SVA is not responsible for the quality of NV5's work and shall not be liable for the design or construction of the HVAC systems.

3. The City would like the SVA team to develop a Reflective Ceiling Plan (RCP) to identify the current layout for the entire City Hall Building. See Exhibit A for the building footprint. Development of the RCP will need to be coordinated with NV5 as they are the lead (contracted by the City) for the HVAC replacement. The RCP documentation will not involve redesigning or evaluation of the associated systems. The scope may require device replacement or modification to mount in or on a new ceiling type, SVA will make note of this as part of our documentation.

C. Project Coordination

1. In additional to NV5, the City will contract with other consultants including a Construction Manager (CM), a Roofing Consultant, and a Solar/PV Consultant. SVA is expected to coordinate with the City's project team and these stakeholders at monthly design meetings, for approximately eight (8) months before the project goes out to bid and starts construction. a. As mentioned already, NV5 is responsible for the full design/scope of the HVAC work throughout the building; SVA will coordinate with NV5 during the design process. b. The City will be contracting with a construction manager (CM) who will provide a master phasing plan for construction and logistical move management plan for all of the City Hall staff during construction. The CM will need to figure out how to coordinate each department's relocations.

The CM will likely get involved with the project at about the 60% Construction Document (CD) phase.
c. A new roofing system will be specified by the City's roofing consultant; they will provide SVA with their specifications for bid package coordination.

City of Placentia
City Hall Renovation & Additional Tasks
May 12, 2023

Page 3 ends

_SVA.
d. The City will proceed with a roof top solar PV system and electric car charging stations under a separate design -build contract.

2. A key task for SVA is to coordinate a comprehensive bid package between SVA's team and the City's consultants; the package including various components of renovation and improvements will be submitted to the City for plan review and approval.

3. SVA will continue to support the City during the Bid Phase and Construction Phase. As shown in our fee breakdown, we anticipate two meetings per month during construction for an approximate duration of six months. If the construction phase extends substantially beyond the six months, additional services will be required.

II. Assumptions and Exclusions
Our team's project understanding is also based on the following assumptions and exclusions.

A. Fire Protection Design is not included; the building is currently not sprinklered.

B. T24 for the HVAC system. We assume NV5 will provide T24 documentation for all new HVAC equipment.

NV5 will be doing a complete HVAC replacement project in conjunction with our project. We anticipate their plans will document the full HVAC scope, our plans will show what is needed for our scope area and refer to their drawings for the complete scope.

C. We expect to obtain detailed as-builts drawings.

D. We do not anticipate the server room expansion to include new racks, UPS, cooling (beyond what NV5 is providing), etc. as part of the expansion.

E. The Fire Alarm assessment will not include the design of a replacement system, it will include our analysis of the existing system's age, coverage, and compliance with respect to current codes. A proposal for a replacement system, if needed, can be provided after the assessment.

F. Photometric calculations will be provided for the lighting design, but those calculations will not include rendering.

G. Our scope does not include any utility upgrades, we assume the existing infrastructure is adequate for the scope of work.

H. The A/E scope is limited to the interior of the building, we do not anticipate any updates needed to parking or exterior lighting.

I. Lighting control will be local or connected to the existing system, the scope does not include a building level lighting control upgrade.

City of Placentia
City Hall Renovation & Additional Tasks
May 12, 2023

Page 4 ends

_SV&.

J. Our design includes raceway only for voice/data, A/V, access control, and security. Our services do not include design / specification of low voltage outlets, jacks, cables, cable management, patch panels, or equipment. We can add the design of the outlets, jacks, cables, cable management, patch panels, racks and UPS for an additional fee.

K. Power for the renovated areas will be connected to existing panels or new sub -panels will be provided (fed from the existing gear). A power system upgrade is not included / anticipated as part of our scope of work.

L. Our cost estimator's scope of work for cost estimating is limited to the renovation area only.

M. Structural engineering is not anticipated, therefore, not included at this time.

N. The City is responsible for plan check fees and other jurisdictional fees.

III. Project Team
Based on the project requirements, we have assembled the following team members to deliver this project. • Architect:
• MEP Engineer:
• Cost Estimator:

IV. Compensation
SVA Architects, Inc.

Alpha MEP
Sierra West Group
www.sva-architects.com
www.alphamep.net
www.sierrawestgroup.com
A. For the scope of services described above, we propose a fixed fee of Two Hundred Ninety -Four Thousand Three Hundred and Ninety -Six Dollars ($294,396.00) with the following breakdown. This fee includes design services from SVA Architects, Alpha MEP, and Sierra West Group.

Below is a breakdown of our fees by key project tasks and the three team members; please see Exhibit B for further breakdown by number of hours and rates.

SVA Architects, Inc. - Project Team Fee Summary
Project Tasks
SVA Architects
Alpha MEP
Sierra West
Group
Fees
A. Assessments
Al
Fire Alarm Assessment
$3,170
$7,080
$0
$10,250
A2
Accessibility Assessment
$4,190
$0
$0
$4,190
B. Design Work
B1
Renovation of Selected Areas: Assessment and Design Work $132,020
$37,370
$6,000
$175,390
B2
Coordination & Development of Reflective Ceiling Plans
$17,720
$7,205
$0
$24,925
C. Project Coordination
Cl
Design Meetings with City and Stakeholders
$14,340
$0
$0
$14,340
C2
Roof Replacement Coordination
$8,080
$0
$0
$8,080
C3
Overall Document Coordination and Plan Check/Approval
$12,900
$0
$0
$12,900
C4
Bid Phase Support
$8,400
$2,050
$0
$10,450
C5
Construction Administration
$28,680
$5,175
$16
$33,871
Total Fees:
$229,500
$58,880
$6,016
$294,396

City of Placentia
City Hall Renovation & Additional Tasks
May 12, 2023

Page 5 ends

B. Payment to SVA will be made monthly in the proportion to services performed.

C. Any project tasks for unforeseen scope of work outside of the scope description above can be provided on a Time and Material (T&M) basis. SVA will provide a proposal as an amendment and will only proceed with approval from the City.

Thank you for this opportunity to submit our proposal. Please feel free to reach out to me directly with any questions.

Sincerely,
SVA Architects, Inc.

Robert M. Simons, AIA
Partner & President
[email protected] I Office: 949-809-3380 I Cell: 949-233-6391

City of Placentia
City Hall Renovation & Additional Tasks
May 12, 2023

Page 6 ends

Exhibit A — Area of Work for City HaII Renovation
City HaII West Wing and Police Department
SV/L

CITY OF PLACENTIA
CI i l'OI.ICT l)ITARrn9f_NT
4 )I L.CI1:'P\1AN.AVl NI I.

P[..VCEVTIA,

City of Placentia
City HaII Renovation & Additional Tasks
May 12, 2023

Page 7 ends

Exhibit B — Breakdown by Hours and Rates
.SVA.

Project Tasks
Proposed Allocated Time
Fees
Partner &
Principal
Sr. Project
Manager
Project
Architect
Job Captain
Int. Tech.

Designer
Jr. Tech.

Designer
Admin.

Hourly Rate:
$225
$195
$175
$155
$125
$100
$75
A. Assessments
Al
Fire Alarm Assessment
2 10
0 4
0 0
2 $3,170
A2
Accessibility Assessment
0 8
8 6
0 0
4 $4,190
B. Design Work
B1
Renovation of Selected Areas:

Assessment and Design Work
28 120
120
204
204
206
48 $132,020
B2
Coordination & Development of
Reflective Ceiling Plans
4 20
20 24
24 24
4 $17,720
C. Project Coordination
Cl
Design Meetings with City and
Stakeholders
12 24
24 12
0 0
12 $14,340
C2
Roof Replacement Coordination
0 16
16 12
0 0
4 $8,080
C3
Overall Document Coordination
and Plan Check/Approval
4 30
30 0
0 0
12 $12,9O0
C4
Bid Phase Support
6 12
12 12
0 0
10 $8,400
C5
Construction Administration
24 48
48 24
0 0
24 $28,680
Total Hours:
80 288
278
298
228
230
120
1,522
Total Fees:
$18,000
$56,160
$48,650
$46,190
$28,500
$23,000
$9,000
$229,500
,i I 'ir
Project Tasks
Proposed Allocated Time
Fees
Principal
Project
Manager
Senior
Consultant
Consultant
Senior CAD
/ Designer
CAD/
Designer
Clerical
Hourly Rate:
$175
$150
$140
$120
$80
$65
$50
A. Assessments
Al
Fire Alarm Assessment
2 5
6 35
3 10
1 $7,080
A2
Accessibility Assessment
0 0
0 0
0 0
0 $0
B. Design Work
B1
Renovation of Selected Areas:

Assessment and Design Work
21 58
56 77
54 53
3 $37,370
B2
Coordination & Development of
Reflective Ceiling Plans
2 4
4 16
10 45
1 $7,205
C. Project Coordination
Cl
Design Meetings with City and
Stakeholders
0 0
0 0
0 0
0 $0
C2
Roof Replacement Coordination
0 0
0 0
0 0
0 $0
C3
Overall Document Coordination
and Plan Check/Approval
0 0
0 0
0 0
0 $0
C4
Bid Phase Support
2 5
5 1
0 2
0 $2,050
C5
Construction Administration
4 12
5 10
5 5
1 $5,175
Total Hours:
31 84
76 139
72 115
6 523
Total Fees:
$5,425
$12,600
$10,640
$16,680
$5,760
$7,475
$300
$58,880

City of Placentia
City Hall Renovation & Additional Tasks
May 12, 2023

Page 8 ends

Sierra West Consulting Group
Project Tasks
Proposed Allocated Time
Fees
Sr. Cost
Estimator
Hourly Rate:
$125
$0
$0
$0
$80
$0
$0
A. Assessments
Al
Fire Alarm Assessment
0 0
0 0
0 0
0 $0
A2
Accessibility Assessment
0 0
0 0
0 0
0 $0
B. Design Work
B1
Renovation of Selected Areas:

Assessment and Design Work
48 0
0 0
0 0
0 $6,0O0
B2
Coordination & Development of
Reflective Ceiling Plans
0 D
0 0
0 0
0 $0
C. Project Coordination
Cl
Design Meetings with City and
Stakeholders
0 0
0 0
0 o
o
$0
C2
Roof Replacement Coordination
0 0
0 0
0 0
0 $0
C3
Overall Document Coordination
and Plan Check/Approval
0 0
0 0
0 0
0 $0
C4
Bid Phase Support
0 0
0 0
0 0
0 $0
CS
Construction Administration
0 0
0 0
0 0
0 $0
Total Hours:
48 0
0 0
0 0
0 48
Total Fees:
$6,000
$0
$0
$0
$0
$0
$0
$6,000

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JUNE 6, 2023
SUBJECT: RESOLUTION ADOPTING FISCAL YEAR 2023-24 PROJECT LIST FOR COMPLIANCE WITH SB 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
FISCAL
IMPACT: NONE
SUMMARY:

The State Legislature approved Senate BiII ("SB") 1, the Road Repair and Accountability Act of 2017 (the "Act") in the Fiscal Year ("FY") 2016-17 Legislative session. The Act provided local governments in California with a new annual revenue stream to fund road maintenance, repairs, and other related transportation projects. It is estimated that the City will receive a total of $1,280,805 in Road Maintenance and Rehabilitation Account ("RMRA") funds under this program in FY 2023-24 which will be used to repair and maintain Placentia's streets. Cities and counties receiving these funds must submit a list of proposed projects along with an adopted resolution to the California Transportation Commission ("CTC") by July 1 of each year. In addition to reporting new SB 1 -funded projects each year, cities and counties are also required to report any carryover projects that will not be completed by the end of the fiscal year as originally programmed.

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

1. Approve Resolution No. R-2023-36, a Resolution of the City Council of the City of Placentia, California, adopting the List of Projects for Fiscal Year 2023-24 funded by SB 1, The Road Repair and Accountability Act 2017; and

2. Direct Staff to submit the project list to the California Transportation Commission.

DISCUSSION:

The State Legislature approved SB 1 (Beall), the Road Repair and Accountability Act of 2017, during the FY 2016-17 Legislative session. The Act provides additional funding to improve California's transportation infrastructure and includes significant additional funding for local governments to improve their own roadways and other transportation facilities. SB 1 prioritizes this funding towards critical maintenance, rehabilitation, and safety improvements on state

1.h.

June 6, 2023

City Council Agenda
June 6, 2023

Page 2 of 3 ends

highways, local streets and roads, and bridges and to improve the state's trade corridors, transit, and active transportation facilities. As codified in the Streets and Highways Code (SHC), RMRA local streets and roads allocations must be used for projects that include, but are not limited to:
• Road maintenance and rehabilitation
• Bridge replacement and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
• Completion of street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm -water capture projects in conjunction with any other allowable project
Beginning November 1, 2017, the State Controller began depositing this additional funding into the newly created RMRA. Each month a percentage of the RMRA funds are apportioned by formula to the City pursuant to Streets and Highways Code Section 2032(h) for basic road maintenance, rehabilitation, and repairing and replacing aging bridges for critical safety projects in Placentia. This will be the seventh (7th) year in which the City is receiving SB 1 funding which is a critical source of funding needed to help the City address its backlog in road maintenance and rehabilitation. Based on the released estimates, the City is estimated to receive a total of $1,280,805 in RMRA funds in FY 2023-24.

As part of SB 1's various accountability and transparency measures and according to the CTC's 2021 Reporting Guidelines for Local Streets and Roads Funding Program, the City is required to adopt a resolution (Attachment 1) establishing the list of projects and submit that list annually to the CTC by July 1 and subsequently provide year-end updates on the progress and expenditures of previously proposed projects by December 1 of each year. The following list of proposed projects will be funded in -part with SB 1 funding in FY 2023-24:

Project Name
Project Area Proposed SB 1
Fundin • Amount
FY 2022-23 Roadway Rehabilitation
Project*

1.7 million sq. ft. of
Arterial Streets
including Bradford
Ave, Chapman Ave,
Kraemer Blvd,
Orangethorpe Ave
and Crowther Ave
$1,000,000
*Note: This project was previously reported to the CTC as an SB 1 -funded project and is being reported as a carryover project for FY 2023-24.

FISCAL IMPACT:

There is no direct fiscal impact to the City's Operating or CIP Budgets associated with the recommended actions approving the FY 2023-24 RMRA project list and submitting it to the CTC in accordance with the program eligibility guidelines.

City Council Agenda
June 6, 2023

Page 3 of 3 ends

Prepared by:

Reviewed and approved:
/tl
Elsa Robinson Luis Estevez
Senior Management Analyst Deputy City Administrator
Reviewed and approved.

Damien R. Arrula
City Administrator
Attachments:

1. Resolution 2023-36 — Adopting FY 2023-24 SB 1 -Funded Project List

2. Attachment A — FY 2022-23 Roadway Rehabilitation Project Area Map

RESOLUTION NO. R-2023-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ADOPTING THE LIST OF
PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1,
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
A. Recitals
(i). Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and
(ii). SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Placentia are aware of the projects proposed for funding in our community and which projects are in progress or have been completed each fiscal year; and
(iii). The City of Placentia must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
(iv). The City will receive and estimated $1,280,805 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
(v). This is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
(vi). The City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and (vii). The City uses a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the community's priorities for transportation investment; and
(viii). The funding from SB 1 will help the City maintain and rehabilitate approximately 1.7 million square feet of local roads throughout the City this year; and (ix). The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Placentia 's streets and roads are in an at -risk and poor condition and this revenue will help us increase the overall quality of our road Resolution R-2023-36

Page 1 of 3 ends

system and over the next decade will bring our streets and roads into a fair condition; and
(x). The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials, and practices, will have significant positive on the City of Placentia by maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.

B. Resolution

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

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project
Name
Description
Location
Estimated
Useful
Life
Anticipated
Start Date
Anticipated
End Date
FY 2022-23
Roadway
Bradford Avenue (
21 years
July 2023
January
Roadway
Rehabilitation
rehabilitation
project
Chapman-Yorba
Linda), Chapman
2024
Project
Avenue (Placentia -
Kraemer), Kraemer
Blvd (Chapman-
Yorba Linda),
Orangethorpe
Avenue (Placentia -
Kraemer), Crowther
Avenue (Placentia -
Melrose)
APPROVED and ADOPTED this 6th day of June 2023.

Ward L. Smith, Mayor
Resolution R-2023-36

Page 2 of 3 ends

ATTEST:

Robert S. McKinnell

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 6t" day of June 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Resolution R-2023-36

Page 3 of 3 ends

1-Yorba-Linda Blvd
d
Hudson Ave
Willamette Ave
0 0.13 0.25 0.5 0.75 1

ROADYWAY

REHABILITATION PROJECT
FY2022-23
Public Works Department
Updated on May 30, 2023
Project Area/Streets
Street Name Beginning
Bradford Ave
Chapman Ave
Yorba Linda Blvd
Chapman Ave
Placentia Ave
Kraemer Blvd
Kraemer Blvd
Chapman Ave
Yorba Linda Blvd
Orangethorpe Ave
Placentia Ave
Kraemer Blvd
Crowther Ave
Placentia Ave
Melrose St
5 CuI-De-Sacs
SE of Kraemer Blvd & Bastanchury Rd
Fiscal Years : 2022-2023
Total Sq. Ft : 1,708,655

MEASURE U
Placantla s Tax Milan At Wak
Local Tax Dollars at Work
This map is for general reference only and may not reflect recent changes or improvements.

The Public Works staff should be consulted for the most current information.

PLACENTIA
Development Services Department, Planning Division, GIS .I=�•mmk=.=••�•s,•� •_

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JUNE 6, 2023
SUBJECT: ACCEPTANCE OF CONSTRUCTION WORK AND NOTICE OF COMPLETION

FOR THE MAIN STREET AND CROWTHER AVE PARKING LOT
IMPROVEMENT PROJECTS, CITY PROJECT NOS. 5211 & 2204
FISCAL
IMPACT: EXPENSE: $602,304.00 ORIGINAL CONSTRUCTION CONTRACT S 42,783.69 APPROVED CHANGE ORDER NO. 1
$645,087.69 TOTAL CONSTRUCTION COST
BUDGETED: S 662,714.63 FY 22-23 CIP PROJECT BUDGET
$ 188,000.00 TOD STREETSCAPE IMPACT FEE (722204-6741)
$ 411,304.00 MEASURE U (795211-6850)
$ 63,250.00 GENERAL FUND (105211-6850)
SUMMARY:

On February 7, 2023, the City Council awarded a construction contract to Aneen Construction, Inc., in the amount of $602,304.00 for the Main Street and Crowther Avenue parking lots improvements. Contract Change Order No. 1 in the amount of $42,783.69 was approved by the City Administrator, which was under his authority limit to cover additional unforeseen construction work. The scope of the change order work included: adjusting the existing catch basin to grade, upgrading the fence material, additional base material and slurry seal of the entire alley between Santa Fe Ave and Main Street.

The Project has been completed to the satisfaction of the City. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $645,087.69.

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

1. Accept the work performed by Aneen Construction, Inc., for improvements of the Main Street and Crowther Avenue parking lots, City Project No. 5211 & 2204 for a grand total amount of $645,087.69; and

1.i.

June 6, 2023

City Council Agenda
June 6, 2023

Page 2 of 3 ends

2. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and

3. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.

STRATEGIC PLAN STATEMENT:

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

DISCUSSION:

On February 7, 2023, the City Council awarded a construction contract to Aneen Construction, Inc., in the amount of $602,304 for the Main Street and Crowther Avenue parking lots improvements. The work included removal of the existing concrete and AC slabs, minor grading, new fencing, a new gate, concrete curbs, slurry seal, new ADA curb ramp, 18 parking lights, parking wheel stops, trashcans, electrical pull boxes, striping, a new water lateral connection and irrigation.

As with most projects that require underground work, several unforeseen conditions were encountered during construction. These conditions were not known at the time the bid package and the design were prepared. These conditions included: nonstandard catch basin and additional base material to ensure adequate drainage. To extend the service life of the adjacent alley between Santa Fe Ave and Main Street, additional slurry seal, crack seal and striping quantities were added to the project. Staff has inspected and accepted the project and recommends approval.

FISCAL IMPACT:

The final construction cost amounts to $645,087.69. This cost consists of the bid amount submitted by Aneen Construction, Inc. in the amount of $602,304.00 and an additional $42,783.69 in approved contract change orders. Sufficient funds are budgeted and available in the Fiscal Year 2022-23 Capital Improvement Budget to cover this expense. As such, sufficient funds exist for the recommended actions.

Prepared by: Reviewed and approved:

Masoud'SepahiUP . -! Jennifer-Lampman
City Engineer Director of Finance

City Council Agenda
June 6, 2023

Page 3 of 3 ends

Reviewed approved: Reviewed and approved:

Luis Estevez `'� Damien R. Arrula
Deputy City Administrator
City Administrator
Attachment:

Notice of Completion — Aneen Construction, Inc

Das
• !!//Ind NY, JIAI\\\`'''/r/ft///w& Ian WI

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
r
Name
Street
Address
City &
State
L
City Clerk
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
J
City Council Approval:

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Free Recording Per Government Code Section 27383 & 6103.

Deputy City Clerk

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Placentia

3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870

4. The nature of the interest or estate of the owner is: In fee.

N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase," or "lessee")

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES
N/A

6. A work of improvement on the property hereinafter described was completed on December 8, 2022. The work done was:

Main Street and Crowther Avenue parkinc lots improvements, City Project 5211 & 2204. The work included removal of the existinc concrete and AC slabs, minor cradinc, new fencinc, a new cate, concrete curbs, slurry seal, new ADA curb ramp, 18 parkinc lichts, parkinc wheel stops, trashcans, electrical pull boxes, stripinc, a new water lateral connection and irrication.

The name of the contractor, if any, for such work of improvement was Aneen Construction, Inc.

7. 9860 Indiana Avenue #18, Riverside, CA 92503 2/7/2023 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)

8. The property on which said work of improvement was completed is in the city of Placentia County of Orange , State of California, and is described as follows: Main Street and Crowther Avenue Darkinc lots im provements, City Project 5211 & 2204

9. The street address of said property is 321 S Main St, Placentia, CA 92870 & 101 E Crowther Ave, Placentia, CA 92870 (If no street address has been officially assigned. insert "none".)

CITY OF PLACENTIA
Dated: May 16, 2023
Verification for Individual Owner
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the City Administrator, Damien R. Arrula the declarant of the foregoing ("President of", "Manager of", "Owner of", etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 2023 , at Placentia , California.
(Date of Signature.) (City where signed.)
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
NOTICE OF COMPLETION - WOLCOTTS FORM 1114 - REV. 6-74
8 pt. type or larger
ATTACHMENT 2

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF COMMUNITY SERVICES
JUNE 6, 2023
AGREEMENT WITH GREAT WESTERN INSTALLATIONS INC. FOR THE

INSTALLATION OF NEW PARK AMENITIES AT PARQUE DE LOS NINOS,

SANTA FE, TUFFREE, AND WAGNER PARKS
EXPENSE:

AVAILABLE BUDGET:
$116,978.03 CIP BUDGET FUNDS
$208,601.44 CIP BUDGET FUNDS
$43,620 (797307-6760)
$49,500 (797306-6760)
$50,000 (637208-6760)
$81,000 (697303-6760)
$10,000 (797305-6760)
The Placentia Parks Initiative (PPI) was created in March 2021. A working Group of City Council Members, the City Administrator, Deputy City Administrator, Community Services Director, Public Works Superintendent and Staff from the Community Services and Police Departments conducted a comprehensive review of the City's parks and open spaces. This included a tour of all City parks along with an evaluation of funding availability and prioritization of necessary park improvement projects. This exercise culminated in Staff developing a comprehensive draft Parks Capital Improvement Program (CIP).

The PPI is a citywide initiative which is aimed at establishing a significant capital investment into the City's parks and open spaces by improving and renovating aging park infrastructure and amenities over the course of the next two (2) fiscal years. The PPI was approved by the City Council at the May 18, 2021 meeting and includes the replacement of existing park amenities.

Additionally, the specific amenities were presented and approved by the City Council during the same meeting.

The park amenities will be replaced prior to the playground renovations, during the renovation process, or shortly after the renovations are complete at each park based upon funding and equipment availability. Since the completion of the the amenity installations at Koch Park and Goldenrod Park, Santa Fe Park has been newly renovated. Additionally, the City Council has recently approved the design and renovations of Tuffree Park and Wagner Park. Parque de los

1.j.

June 6, 2023

City Council Agenda
June 6, 2023

Page 2 ends

Ninos is also currently listed in the CIP plan for playground renovations. In following the PPI, these four (4) locations are scheduled next for replacement of their park amenities.

The recommended actions will approve a Public Works Agreement with Great Western Installations Inc., for the replacement of the existing park amenities to include, park benches, park picnic tables, trash receptacles, and hydration stations at Parque de los Ninos, Santa Fe, Tuffree, and Wagner Parks, in the amount of $116,978.03.

RECOMMENDATION:

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

1. Award a Public Works Agreement to Great Western Installations Inc, for the installation of park amenities at Parque de los Ninos, Santa Fe, Tuffree, and Wagner Parks in the amount of $116,978.03; and

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

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Plan Goal to Implement Public Infrastructure to Meet Community Needs and complete the Placentia Parks Initiative, under Objective #5.2.

DISCUSSION:

The City was selected by SCAG, as one of nine (9) cities in the Southern California area to develop an Open Space and Urban Greening Master Plan as part of SCAG's Sustainability Program. The City selected KTUA as the consultant to deliver the Placentia Open Spaces and Urban Greening (POSUG) Master Plan project.

KTUA utilized workshops and the City's webpage to distribute a project survey designed to gather feedback from the community to determine how to improve existing park facilities. Additionally, the survey was used to determine priority levels for park amenities and improvements. Surveys were completed and were used to determine recommended park/facility improvements. Of the 418 survey comments that were received, 20% (twenty percent) indicated park playgrounds and amenities need replacement or improvement at various City parks.

Based upon feedback gathered from the survey and community workshops, potential park/facility improvements were identified and listed below:
• Repair/replacement of damaged turf, playground surfaces, and walking trail areas at park facilities and throughout the City

City Council Agenda
June 6, 2023

Page 3 ends

• Replacement of playground structures
• Addition of shade tops/sails to playground structures • Replacement/addition of picnic tables, benches, trash receptacles, and water fountains, throughout park facilities
• Repair/replacement of cracked concrete
• Addition of park identification and signage
The POSUG Master Plan was approved by the City Council at the December 3, 2019, meeting to be utilized as a guide for future Capital Improvement Program (CIP) Projects to be incorporated into the City's CIP plan and to allocate potential funding sources as available through the City's annual budgetary process. This Master Plan was the basis for the creation of the Placentia Parks Initiative (PPI); a citywide initiative which is aimed at establishing a multi -million -dollar significant capital investment into the City's parks and open spaces by improving and renovating aging park infrastructure and amenities over the course of the next two (2) fiscal years.

The PPI was approved by the City Council at the May 18, 2021 meeting, and as part of the plan, the replacement of park amenities was included. The amenities will be replaced prior to playground renovations, during the renovation process, or shortly after completion at each park.

Currently, renovations have been completed at Santa Fe Park. Upcoming playground renovations include Tuffree and Wagner Parks. Additionally, Parque de los Ninos is also listed in the CIP plan for upcoming playground renovations. The approved park benches, picnic tables, trash receptacles, and hydration stations will now be replaced at these four (4) parks locations.

The recommended actions will approve a Public Works Agreement with Great Western Installations Inc. for the replacement of the existing park benches, picnic tables, trash receptacles, and hydration stations in the amount of $116,978.03.

FISCAL IMPACT:

The City Council budgeted a combination of Measure U Funds, Quimby in -lieu Fees, and Park & Rec Impact Fees for the replacement of park amenities as part of the PPI in the City's Capital Improvement Program (CIP) budget in Fiscal Year 2022-23. The amenities will be strategically replaced as each park undergoes renovations.

Currently, the renovations are complete at Santa Fe Park and upcoming renovations include Parque de los Nirios, Tuffree, and Wagner Parks. The current budget for the purchase, replacement, and installation of the park benches, picnic tables, and trash receptacles is $208,601.44. Therefore, sufficient funds exist within the CIP budget to remove all existing amenities, and to purchase and install new amenities at Parque de los Ninos, Santa Fe, Tuffree, and Wagner Parks in the amount of $116,978.03.

City Council Agenda
June 6, 2023

Page 4 of 4 ends

Pr pared by:

Veronica Oktiz
Community Services-Su.per)visor
Reviewed and approved by:

Jennifer Lampman
Director of Finance City Administrator
Reviewed d app\oved by:
\./
Karen Crocker
Director
v r c
unity)rvices
Reviewed and approved_
Damien R. Arrula
Attachment:

Public Works Agreement with Great Western Installations Inc. for the Installation of Park Amenities at Parque de los Ninos, Santa Fe, Tuffree, and Wagner Parks

Project No. 7205, 7303, 7305, 7308, 7306, 7307

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

AMENITY INSTALLATION AND PURCHASE

SANTA FE, WAGNER, LOS NINOS, TUFFREE PARKS
THIS AGREEMENT (herein "Agreement"), is made and entered into this 20 day of March, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and PlayCore Wisconsin Inc. d/b/a GameTime (herein "Contractor").

The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the purchase and installation of park amenities for Santa Fe, Wagner, Los Ninos, and Tuffree Parks 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.

E. WHEREAS, this Agreement is authorized under City Administrator's authority to execute contracts under $25,000. Placentia Municipal Code Section 3.08.085.

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 PlayCore Wisconsin Inc. d/b/a GameTime a (Wisconsin corporation, partnership, individual) located at 150 PlayCore Drive SE Fort Payne AL 35967.
(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 1 Rev. 08/2017

Project No. 7205, 7303, 7305, 7308, 7306, 7307
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.

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

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

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

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

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform 2 Rev. 08/2017

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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 3 Rev. 08/2017

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Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum 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, One Hundred Sixteen Thousand Nine Hundred Seventy Eight Dollars Three Cents ($116,978.03), 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 percent (90%) 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 ten percent (10%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
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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 Ma.eure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than January 31, 2024, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

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

Clint Whiteside
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 5 Rev. 08/2017

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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 I I , or Class I II disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site 6 Rev. 08/2017

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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 from 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 AND INDEMNIFICATION

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, as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

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

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

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

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

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. 7 Rev. 08/2017

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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', 8 Rev. 08/2017

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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 6.2 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 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.
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6.5 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. 10 Rev. 08/2017

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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 percent (90%) 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 ten percent (10%) 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 Administrator or his/her designee, 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 11 Rev. 08/2017

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shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit A). 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: Matthew Brand
PlayCore Wisconsin Inc.

Clint Whiteside
150 PlayCore Drive SE
Fort Payne AL 35967
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8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

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

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.

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 13 Rev. 08/2017

Project No. 7205, 7303, 7305, 7308, 7306, 7307
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. 14 Rev. 08/2017

Project No. 7205, 7303, 7305, 7308, 7306, 7307

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.
15 Rev. 08/2017

Project No. 7205, 7303, 7305, 7308, 7306, 7307

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 Oblication. 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 Acreement. 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 Arrula, City Administrator

CONTRACTOR
�� d+ 5/9/2023
Date:

Signature
Clint Whiteside, Director of Sales Administration
Name and Title
39-1720480
Social Security or Taxpayer ID Number
16 Rev. 08/2017

Project No. 7205, 7303, 7305, 7308, 7306, 7307
ATTEST:

Robert McKinnell, City Clerk
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:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Karen Crocker, Director of Community Services
17 Rev. 08/2017

Project No.

EXHIBIT A

SCOPE OF SERVICES

(GameTime)
A plAi CORE
City of Placentia
Attn: Karen Krocker
401 East Chapman Avenue
Placentia, CA 92870
Phone: 714-993-8232
[email protected]
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Multiple Sites - Amenities
02/21/2023
Quote #
108708-01-01
Ship to Zip 92867
Qty Part # Description List $ Selling $ Ext. Selling $
12 P91 -S6
6 10140 SM
6 PFA
6 BSS
UltraSite - 6' HAMILTON BENCH W/ BACK, SLAT
Most Dependable Fountains - 10140 SM Hi -Lo Drinking Fountain Most Dependable Fountains - Pet Fountain Attachment
Most Dependable Fountains - Bowl Sand Strainer
1 INSTALL Install - Santa Fe Park-
• (2) Picnic Tables
• (1) ADA Picnic Table
• (4) Trash Cans
• (2) Benches
• (1) BBQ
• Prevailing wages.
• Price includes one (1) move -on only
1 INSTALL Install - Wagner Park-
• (1) Picnic Table
• (2) ADA Picnic —1 with Concrete Pad
• (5) Trash Cans
• (4) Benches — 4 Concrete Pads
• (1) BBQ
• Prevailing wages.
• Price includes one (1) move -on only.
1 INSTALL Install - Los Ninos Park-
• (5) Picnic Tables
• (1) ADA Picnic Table
• (6) Trash Cans
• (4) Benches — 2 with Concrete Pads
• (1) BBQ
• (1) Hydration Station
• Price includes one (1) move -on only.
• Standard two-year warranty.
• Prevailing Wages
1 INSTALL Install - Tuffree Park-
• (5) Picnic Tables
• (2) ADA Picnic Tables
• (6) Trash Cans
• (2) Benches
• (2) BBQs
• (1) Hydration Station
• Prevailing Wages.
• Price includes one (1) move -on only.
$1,937.00 $1,745.00 $20,940.00
$3,690.00 $3,468.60 $20,811.60
$880.00 $827.20 $4,963.20
$110.00 $103.40 $620.40
$6,090.00 $6,090.00 $6,090.00
$15,910.00 $15,910.00 $15,910.00
$17,170.00 $17,170.00 $17,170.00
$8,260.00
$8,260.00 $8,260.00
OMNIA

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