Placentia City Council
June 20, 2023

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

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

WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.

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

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

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

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

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

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

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

(Use of City form is required)

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

Business Address:

Telephone Number:

Date:

Print Name:

Principal
Signature:

Title

(Use of City form
is required)

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

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

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

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

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

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

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

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

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

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

Guarantor
Contractor:

Title:

Date:

By:

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

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

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

On at California.

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

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF PERFORMANCE
The Contractor Schedule of Performance shall be a total of 60 working days to complete the construction of the sculpture pedestal base and all related site improvements from the date of issuance of the Notice to Proceed. Contractor shall coordinate taking delivery of the sculpture and installing the sculpture pursuant to the project construction documents within the 60 day working limit. If there is a delay in shipping and/or receiving the sculpture from the artist additional working days will be granted to the contractor. Liquidated damages of $1,000 per day shall be applied if the contractor is unable to deliver the improvements and install the sculpture within the allotted working day limit.

EXHIBIT C

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

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

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

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

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

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

such insurance.
• Required Evidence of Coverage:

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

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

3. Properly completed Certificate of Insurance; and

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

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

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

2. Properly completed Certificate of Insurance.

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

ongoing and completed operations by or on behalf of the Contractor.

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

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

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

3. Properly completed Certificate of Insurance.

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

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

G. Documentation
• The Certificate of Insurance shall include the following reference:

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

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

EXHIBIT E

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

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

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

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

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.

SECTION C

PROPOSAL
for the

SCULPTURE INSTALLATION CONCRETE PEDESTAL CONSTRUCTION AND SITE

IMPROVEMENTS
in the

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

In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within thirty (60) working days, starting from the date of the Notice to Proceed or liquidated damages of $1,000 per day will be applied.

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

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

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void. proposal Bid Bond �� OF BID AMOUNT
Accompanyingthis PDF ro osal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice C-1

Inviting Sealed Bids, payable to the CITY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).

Bidder shall signify receipt of all Addenda here, if any:
- Addenda No.

Date Received
Bidder's Signature
NONE
•
C-2

SCULPTURE INSTALLATION CONCRETE PEDESTAL CONSTRUCTION AND SITE

IMPROVEMENTS

BID SCHEDULE
ITEM
NO.

ITEMS DESCRIPTION

QUANTITY
UNIT
TOTAL

1. Construct Concrete Sculpture Base,
Complete and In -Place per Artist and
Engineer Plans and Contract Scope of
Work.
1 LS
$178,000

2. Construct all Electrical Improvements,
complete and In -Place per Caltrans
Electrical Plans and Specifications and
Contract Scope of Work.
1 LS
$ 47,000

3. Take Delivery and Install Sculpture
Panels, Complete and In -Place per
Artist and Engineer Plans and Contract
Scope of Work.
1 LS
$ 99,800

4. Furnish and Install Complete and In -
Place Sculpture Lighting System per
Artist and Engineer Plans and Contract
Scope of Work.
1 LS
$ 58,600

5. Provide Engineered Traffic Control
Plan Based on Caltrans' Standards and
Implement Traffic Control Devices per
Plan.
1 LS
$ 15,000
TOTAL BID PRICE WRITTEN IN FIGURES: $ 398,400.00
TOTAL BID PRICE WRITTEN IN WORDS: Three Hundred Ninty Eight Thousand Four Hundred Do ars
BIDDER'S NAME AND ADDRESS: M.S. Construction Management Group 32565B Golden Lantern #475
Dana Point, Ca. 92629
C-3

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

M.S. Construction Management Group
Bidder Name
32565B Golden Lantern #475
Business Address
Dana Point
Ca. 92629
City,
( 949)270 - 6349
Telephone Number
721738 A, B, HAZ
State Zip
State Contractor's License No. and Class
April 30, 1990
Original Date Issued
April 30, 2024
Expiration Date
The work site was inspected by Mike Saghafi
of our office on
May 9 , 2023.

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

Mike Saghafi - President /Treasurer
C-4

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

M.S. Construction M agement Group
Company Nam
ignature of Bidder/ C.

Mike Saghafi - Preside
Printed or Typed Signature
Subscribed and sworn to before me this i' day of Mall , 2023.

NOTARY PUBLIC
400 ne4davli.,11J

NOTARY SEAL
c -s

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:c c_r�ecc cscctrc r c e c�c� rcc ec e47..cs:.crc �r� rcr rrsc�c>cr CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of LOS ANGELES
On s/ 2-1 20 before me, Philip Vega, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Mike Saghafi, President
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/age subscribed to the within instrument and acknowledged to me that he/sire/friey executed the same in his/Pter./their authorized capacity(les), and that by his/h1g/theix signature(s). on the instrument the person(s), or the entity upon behalf of which the person, acted, executed the instrument.

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

PHILIP VEGA
- W . Notary Public - California
Los Angeles County
Commission # 2327592 i
My Comm. Expires May 31, 2024
Place Notary Seal Above
WITNESS my hand and official s
Signature

OPTIONAL
Sign- u e .f Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

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

1. City of Redondo Beach 415 Diamond St. Door 2 Redondo Beach, Ca. 90277 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Mr. John Wolitarsky $13,500,000
Contract Amount
Redondo Beach Transit Center
Type of Work
(949)339-9154
98% completed
Date Completed

2. County of San Bernardino 385 N. Arrowhead Ave. San Bernardino, Ca. 92415 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Mr. Tom Anderson (502)334-8078 $11,500,000
Contract Amount

BIG BEAR ALPINE ZOO
Type of Work
October 2020
Date Completed

3. Coast Community College District 1370 Adams Ave. - Costa Mesa, Ca. 92626 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Mr. Tom Anderson (502)334-8078 $16,800,000
Contract Amount

OCC COMMUNITY PLANETARIUM
Type of Work
March 2019
Date Completed
C-6

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

Portion
of Work
Name and Address of Subcontractor
State License
Number
Class
Electrical
PMK Professional Inc.
17925 Sky Park Circle
Irvine, Ca. 92614
959668
C-10, C7, B
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

C-7

NONCOLLUSION AFFIDAVIT

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

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

M.S. Construction Management Group
Name of Bidder
Mike Sa• hafi
Signature of'1'3id•-r
32565B Golden Lantern #475 Dana Point, Ca. 92629
Address of Bidder
Subscribed and sworn to before me this 1 -4 -day of /11(1 , 2023.

NOTARY PUBLIC
• pc,
lol0ve
i � £,i -J; A -44-4.m) ra

NOTARY SEAL
C-8

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
:r.•�. www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

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

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

M.S. Construction ; anagement Group
Contractor 1
Mike Sas haft
By
President
Title
Date: 5/19/2023
C-9

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

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

M.S. Construction Management Group
Contractor
By
President
Mike Saghafi
Title
Date: 5/19/2023
C-10

UNDERGROUND SERVICE ALERT

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

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

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

Dig Alert Identification Number: TBD
M.S. Construction anagement Group
Contractor
Mike Sa • haft
By
President
Title
Date: 5/19/2023
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the CITY upon request.

C-11

DESIGN ENGINEER MAY NOT BID ON

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

ACKNOWLEDGED this 19th day of May
Dana Point, Ca.

Authorized Sig
President
Mike Saghafi
Position
M.S. Construction Management Group
Company
, 2023 at
C-12

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

ACKNOWLEDGED this 19th day of May , 2023, at Dana Point, Ca.

Authorized : ig lure
Mike Sa
hafi
President
Position
M.S. Construction Management Group
Company
C-13

SCULPTURE INSTALLATION CONCRETE PEDESTAL CONSTRUCTION AND SITE

IMPROVEMENTS

BIDDER'S BOND
(To Accompany Contract Proposal)

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

In no case shall the liability of said SURETY here under exceed the sum of S 10% OF AMOUNT BID

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above -mentioned bid to the City of Placentia for certain construction for which bids are to be submitted via Planet Bids on May 19, 2023, for:

SCULPTURE INSTALLATION CONCRETE PEDESTAL CONSTRUCTION AND SITE

IMPROVEMENTS
NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

C-14

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2ND day of MAY 2023.

BY:

BY:

Title
Title
(SEAL)
SURETY

OLD REPUBLIC SURETY OMPAN
KEVIN VEG GRNEY-in-FAC
14728 PIPELINE AVE. SUITE E. CHINO HILLS, CA 917D9
Address
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.

C-15

BID BOND

ACKNOWLEDGMENT OF SURETY

STATE OF CALIFORNIA
)
County of LOS ANGELES
)
On this 2ND day of MAY
KEVIN VEGA personally appeared before me a
�I►,,\, 3 ��. .
(Notary Public, Judge or Other Officer)
in and for LOS ANGELES County, State of CALIFORNIA
known to me to be the ATTORNEY -in -FACT of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.

SS
, 2023, A.D.

PHILIP VEGA (Nosy Public, Judge or Other Officer)
Notary Public • California
Los Angeles County
Commission #2327592
My Comm. Expires May 31, 2024
C -I6

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :�ezecr.�:ec—:e„�_r.:ns:r.,c:c>�.��.��:s�c�„�.�:e•;ecie��:r,�c�-c.�:��.�e.�c-�,�cc.�,.r��cc�.c�.,�-a^,.�-..,r.�..�_�-�s-�•ce;�c,�,.�.res A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of LOS ANGELES
On /2 /202;2)
Date
before me,
Kevin Edward Vega, Notary Public
Here Insert Name and Title of the Officer
personally appeared Mike Saghafi
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person's) whose names is/are subscribed to the within instrument and acknowledged to me that he/s4e/fhey executed the same in his/h>9r'their authorized capacity(tes),, and that by his/her•/thei signatures. on the instrument the person(s)., or the entity upon behalf of which the person( i acted, executed the instrument.

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

KEVIN EDWARD VEGA
Notary Public • California
Los Angeles County
Commission 2326181
my Comm. Expires Apr 29, 2024
Place Notary Seal Above
WITNESS my hand and official
Signature C/

OPTIONAL
Sigrytfure of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other:

Signer Is Representing: Signer Is Representing:
rc uc^�c^ uo csr c^c^^ur�cc^zccK 4� c ccc�c u c^ ww ctic� c� c �kK c �ru �� uw�c ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

* *
* OLD REPUBLIC SURETY COMPANY
* * *

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP E. VEGA, KEVIN VEGA, OF COVINA, CA its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.

RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 23RD day of SEPTEMBER, 2022.

Assistant Secretary

STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
o.roe.y CO4
SEAL

0... rim / ,a
* O1
rn

OLD REPUBLIC SURETY COMPANY
President
On this 23RD day of SEPTEMBER, 2022 , personally came before me, Alan Pavlic Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

Notary Public
My commission expires: 9/28/2026
and
CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
74-0061
Chitty,.. 55..

SEAL
Signed and sealed at the City of Brookfield, WI this
.2r'10\ day of PlAr , 7,o(,3
C4'.

Assistant Secretary

C & D BONDING & INS SERVICES
22851-W POAORS 102020

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
06/07/2023
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
Salmen Insurance Services, Inc.
3256 Grey Hawk Ct
Carlsbad CA 92010
CONTACT Customer Service Department
NAME:
(AHiONri , Ext): (866) 872-5636 FAX No): (866) 472-5636 E-MAIL [email protected]
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Infinity Select Insurance Company
20260

INSURED
M S Construction Management Group
32565 B Golden Lantern #475
Dana Point CA 92629
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

BA 22-23
REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

DAMAGE TO RETED
PREMISES Ea occE ence)
$
MED EXP (Any one person)
$

PERSONAL &ADV INJURY
$
GEN'L

AGGREGATE

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$
A

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED
)/
/•
N/

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
504-41759-2161-002
12/30/2022
12/30/2023

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

PROPERTY DAMAGE
(Per accident)
$
Uninsured motorist BI-
$ 1,000,000

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
RRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Verification of Coverage
RE: The City of Placentia, its officers, employees, representatives, attorneys, and volunteers "Subject to all policy terms, exclusions and conditions*

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 EAST CHAPMAN AVENUE

PLACENTIA
CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
06/06/2023
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 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
JVRC Insurance Servic s
5707 Corsa Ave
Ste 105
Westlake Village CA 91362

CONTACT
NAME: immle Gonzalez
PHONE
(EEAIc,No, Ext): 8187357600 FAX (,o CC, No): 818-698-6401 IL
ADDRESS: A [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Champlain Specialty Insurance Company
16834

INSURED
M SCONSTRUC110N MANAGBVIENT GROUP
32565 BGOLDEN LANTERN
Suite 475
Dana Point CA 92629
INSURER B : Falls Lake Fire and Casualty Company
15884
INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

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

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

INSR

TYPE OF INSURANCE

INSDDL D
NSD
S
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
Y
CS R-CGL-0002224-01
06/02/2023
06/02/2024

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR
PREMISES (Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000

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

AGGREGATE
POLICY
OTHER:

X

LIMIT APPLIES
JECT
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

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

AUTOMOBILE

LIABILITY

ANY AUTO

ALL OWNED
AUTOS

HIRED AUTOS

SCHEDULED
AUTOS

NON -OWNED
AUTOS

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

PR PEA DBE
(Per accident)
$
A
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
CSAR-CE--0002225-01
06/02/2023
06/02/2024

EACH OCCURRENCE
$ 2,000,000

AGGREGATE
$ 2,000,000
DED
RETENTION $
$
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N /A
FLA020439-00
02/13/2023
02/13/2024
X
PER

PERTUTE
H
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia, its officers, employees, representatives, attorneys, and volunteers are named as additional insured with respect to the general liability policy. Waiver of subrogation applieswith respects to the general liability policy. (30) day notice of cancellation applies.

Project #5213

CERTIFICATE HOLDER

CANCELLATION
Oty of Placentia
401 E(apman Ave
Racentia
CA 92870-6101

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/01)
© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

12-ORA-057-16.1-16.7
EA: 0T420
Project ID: 1222000047
Agreement No. 12-830 A2
AMENDMENT NO. 1 TO AGREEMENT 12-830
This Amendment No. 2 (AMENDMENT) to Agreement 12-830 (AGREEMENT), executed on and effective from , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Placentia, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

RECITALS

1. CALTRANS and CITY collectively referred to as PARTIES, entered into AGREEMENT on September 23, 2022, defining the terms and conditions for CALTRANS intends to provide funding to the CITY, and CITY agrees to procure artist(s), administer artist contracts, provide and install the Gateway Monument that includes and/or incorporates Transportation Art at post mile 16 on State Route 57, near the intersection of Orangethorpe Avenue and Crowther Avenue referred to as PROJECT.

2. The AGREEMENT established $50,000 in Clean Ca funds.

3. PARTIES amended to add to the PROJECT FUNDS $600,000.

4. PARTIES now seek to amend to add to the PROJECT FUNDS $840,000.

Agreement No. 12-830 A2
IT IS THEREFORE MUTUALLY AGREED:

1. Article 8 in the AGREEMENT is replaced in its entirety to read as follows:

CALTRANS will pay CITY an amount not to exceed $1,440,000 from FUNDS required for PROJECT.

2. Article 16 in the AGREEMENT is replaced in its entirety to read as follows:

CALTRANS and CITY agree that the total amount of FUNDS paid out to CITY will not exceed $1,440,000.

3. All other terms and conditions of the AGREEMENT shall remain in full force and effect.

4. This AMENDMENT is deemed to be included and made a part of the AGREEMENT. 2 Agreement No. 12-830 A2

CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to AGREEMENT.

CALTRANS
Eric Dickson, Sr. Landscape Architecture
1750 E. 4th Street
Santa Ana, CA 92705
Office Phone: 657-328-6201
Mobile Phone: 949-279-8755
Email: [email protected]

CITY OF PLACENTIA
Luis Estevez, Deputy City Administrator
401 E. Chapman Ave
Placentia, CA 92870
Office Phone: (714) 993-8120
Email: [email protected]
3 Agreement No. 12-830 A2

SIGNATURES
PARTIES are authorized to enter into this AMENDMENT and have delegated to the undersigned the authority to execute this AMENDMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AMENDMENT. By signing below, the PARTIES each expressly agree to execute this AMENDMENT electronically.

The PARTIES acknowledge that executed copies of this AMENDMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Adnan Maiah
Deputy District Director
Strategic Portfolio Management
Single Focal Point
Verification of funds and authority:

Neda Saber
District Budget Manager
Certified as to financial terms and policies:

Darwin Salmos
HQ Accounting

CITY OF PLACENTIA
Damien Arrula
City Administrator
Attest:

Robert S. McKinnell
City Clerk
Approved as to form and procedure:

Christian L. Bettenhausen, City Attorney
4 RESOLUTION NO. R-2023-44

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
General Fund
Caltrans State
Grant
/Reimbursement
N/A
101206-4240
$438,240
Revenue
General Fund
Improvements
Other Than
Buildings
(Caltrans Public
Arts Program)
Capital Projects
101206-6730
$438,240
Expense
Resolution R-2023-44

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 20th 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 20TH 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-2023-44

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DAVID RADOMSKI, POLICE SERGEANT
DATE: JUNE 20, 2023
SUBJECT: PURCHASE OF REPLACEMENT DESKTOP COMPUTERS FOR POLICE

DEPARTMENT
FISCAL
IMPACT: EXPENSE: $ 49,993.17 TOTAL PURCHASE PRICE OF EQUIPMENT BUDGET: $ 50,000.00 CIP GENERAL FUND (216203-6840)
SUMMARY:

The Police Department's inventory of desktop computers and monitors has reached its functional lifespan. As such, the City Council will consider a purchase agreement with Dell Computer for the purchase of 35 desktop computers, 58 monitors, including all accessories and software, in the amount of $49,993.17.

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

1. Authorize the City Administrator to approve a purchase order with Dell Computer for the purchase of computing equipment not -to -exceed the amount of $49,993.17; and

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

DISCUSSION:

Staff is recommending the replacement of all current desktop computers in the Police Department.

The Police Department currently has equipment of different ages and manufacturers, most of which were acquired in 2012 - 2018. Additionally, many are running operating systems that are no longer supported by Microsoft. The industry -standard expected life of a desktop computer is generally five years. The City has begun to standardized all computer equipment across all City departments and functions with Dell Computers. Further, this initial deployment will allow for a more manageable automatic replacement program in the future.

1.i.

June 20, 2023

City Council Agenda
June 20, 2022

Dell is providing California NAPSO (National Association of State Procurement Officials) Valuepoint contract pricing (Addendum No. 7-5-70-34-003) as allowed by City Policy 03.08.07(3).

Staff is asking Council to waive the bidding requirements to deliver a prompt deployment of this new IT infrastructure. The cost savings presented by Dell Computer was found to be substantial when compared to widely available published manufacturer pricing.

This project was originally earmarked for the 2021-2022 CIP project list; however, supply chain issues and inflated pricing made the purchase cost prohibitive at that time. The funds were carried over to the 2022-2023 CIP project list and the inventory and pricing have since stabilized, allowing the City to move forward with procurement.

FISCAL IMPACT:

The not -to -exceed purchase order amount for the computing equipment is $49,993.17. This project was allocated as a Capital Improvement Project for Fiscal Year 2022-23 ($50,000) and sufficient funds exist for the recommended actions.

Prepared by:

David Radomski
Police Sergeant
Reviewed and approved:

Jennifer Lampman
Director of Finance City Administrator
Reviewed and approved:

GOdArfAtil?
Rosanna Ramirez
Deputy City Administrator
Reviewed and approved:

Damien R. Arrula
Attachment:

Dell Quote No. 3000154676764

Additional Hard Drive
Video Card
Chassis Options
eQuote
Details Billing
David Radomski
Quote number # 3000154676764
Created June 6, 2023
Expires July 6, 2023
Created by
[email protected]
Description
Order contact
David Radomski
City of Placentia - Police Departm
ent
Contract Code: C000000181156
Customer agreement number:

M N W N C-108/7157034003
Phone number: (714) 993-8192
Additional::
[email protected]
Billing information

ACCOUNTS PAYABLE

CITY OF PLACENTIA
401 E CHAPMAN AVE,
PLACENTIA, CA, 92870-6101
Customer number: 7315583
Phone number: (714) 993-8134
Additional::

[email protected]
Tax exemption
I am not tax exempt
CIP PD 6.1.23.v4
Items
Savings
Subtotal (100)
Estimated Shipping
ecomm_Labels:
cart SalesTax_fee_label
Environmental Fee
Total
$28,300.90
$45,839.07
S0.00
$3,864.10
$290.00
$49,993.17
Shipping Payment method
Shipping information
Daniel Chang
CITY OF PLACENTIA , IT Dept.
401 E CHAPMAN AVE,
PLACENTIA, CA, 92870-6101
Phone number: (714) 993-8204
Additional::

[email protected]
Delivery method
FREE Standard Delivery
Trade compliance
No, I will not be exporting
Quantity
Unit Price
Item total
OptiPlex Small Form Factor - Build
Your Own
Discounted unit price: $1,023.85
Estimated Delivery
FREE Standard Delivery to 92870-6101 by
Thursday, June 22, 2023
Catalog Number: 84 / xctoosffusr
Category Description
Processor
Operating System
Microsoft Office
Memory
34 13th Gen Intel@ Core'" i3-13100 (4 Cor
es/12MB/8T/3.4GHz to 4.5GHz/60W)
Windows 11 Pro, English, Brazilian Port
uguese, French, Spanish
No Microsoft Office License included GC7OFJV [658-BCSB] 1002 16 GB,1 x 16 GB, DDR4 GI7YEX2 [370-AGFR] 3
$1,706.42
$58,018.28
Code SKU ID
G6NMDYU [338-CHBE] 146
GO1OVWE [619-ARSB] 11
Hard Drive 1 TB, M.2 2230, PCIe NVMe, SSD, Class GOASETR 25 No Additional Hard Drive
Intel@ Graphics
[400-BPKC] [412- 8
AAQT] [773-BBBC]
G780XKR [401-AANH] 637
GZQDA24 [490-BBFG] 6
OptiPlex SFF with 180W Bronze Power GEPA2UZ [329-BHPU] 116 Supply
Power Cord System Power Cord (US)
GA5894N [450-AAOJ] 20

Category
Optical Drive
Optical Software
Wireless
Wireless Driver
Chassis intrusion switch
Stands and Mounts
Adapter
Serial Port Adapter
Add -in Cards
Additional Video Ports
Keyboard
Mouse
Cable Cover
External Speakers
Non -Microsoft Application
Software
Description
8x DVD+/-RW 9.5mm Optical Disk Driv
e
Cyberlink Media Suite Essentials for Wi
ndows 10 and DVD drive (without Medi
a)
Code SKU ID
GB8715D [325-BDSG] [429- 16
ABFH]
GWNM30Y [658-BBTV] 597
No Wireless LAN Card (no WiFi enable GE7Y41 P [555-BBFO] 19 ment)
None GQMKF4C [340-AFMQ] 7
Chassis Intrusion Switch GWR6EM9 [461-AAJL] 289
No Stand or Mount GJO5ZSE [575-BBBI] 558
No Additional Cable GIXOL8M [379-BBCY] 592
No PCIe add -in -card GVEYOQ7 [492-BBFF] 698
No Additional Add In Cards GNV4J7Q [382-BBHX] 583
No Additional Video Ports GWFXALO [492-BCKH] 495
Dell Pro Wireless Keyboard and Mouse GXOV4JP [580-AJJG] 4 - KM5221W - English - Black
Mouse included with Keyboard
No Cable Cover
No External Speaker
Dell Additional Software
Operating System Recovery OS -Windows Media Not Included Options

ENERGY STAR
Documentation
System Monitoring Options
Placemat
EAN/UPC Labels
TPM Security
Shipping Material
Label
Hard Drive Cables and
Brackets
Intel Responsiveness
Technologies
Processor Label
Transportation from ODM to
region
Protect your new PC
FGA Module
OptiPlex Small Form Factor
(7010)
Speakers
ENERGY STAR Qualified
Safety/Environment and Regulatory Gu
ide (English/French Multi -language)
GU54MYP [570-AADI] 12
GDT2C7Z [325-BCZQ] 376
GTNM7E2 [817-BBBC] 200095
GJAR81X [658-BFPY] 1003
GLA9OQ1 [620-AALW] 200013
G6J34SM [387-BBLW] 122
G7RBOGY [340-AGIK] 21
Dell Watchdog Timer GW4YJIC [379-BEZG] 39
Quick Start Guide, OptiPlex Small Form GJ7NCE0 [340-DDFL] 60 No UPC Label G8WGTYN [389-BCGW] 292
Trusted Platform Module (Discrete TP GJMDKT6 [329-BBJL] 297 M Enabled)
Shipping Material GDKRO4V [340-CQYR] [389- 465
BBUU]
Regulatory Label for OptiPlex SFF 180 GYMH4UB [389-FBFX] 676 W, FSJ
M.2 Caddy
SW Driver, Intel Rapid Storage Technol
ogy, OptiPlex Small Form
Intel@ Coree' i3 Processor Label
Standard shipment
No anti -virus software
No FGA
OptiPlex Small Form Factor (7010)
Internal Speaker
GGPQ1ML [575-BBKX] 705
G1523VT [658-BFQF] 707
G2HQ8ZC [389-DXDW] 749
GQT8IGC [800-BBIO] 200080
GD4K19S [650-AAAM] 1014
NOFGA [817-BBBB] 572
GWK8TF4 [210-BFXG] 1
GR068XC [520-AARD] 18

Category
Systems Management
Windows Autopilot
Service
Support
EPEAT 2018
Premier discount
Description
Intel Standard Manageability
No AutoPilot
Code
GJX6DNM
GYEO2AP
3 Years Hardware Service with Onsite/I NBD3
n -Home Service After Remote Diagnosi
s
No Accidental Damage Selected
EPEAT 2018 Registered (Silver)
NOAD
GTZOE2H
SKU
[631-ADPG]
[340-CKSZ]
ID
49 291
[803-8583] [803- 29
8590]
[981-4619]
33 [379-BDTO] 200331
-$23,207.38
Item total: $34,810.90
Dell 24 Monitor - E2424HS
Discounted unit price: $153.99
Estimated Delivery
FREE Standard Delivery to 92870-6101 by
Friday, June 23, 2023
Catalog Number: 84 / e2424hssap
Category Description
58 Code
Dell 24 Monitor - E2424HS, Dell 24 Monitor - E2424HS, 60.47cm (2 GCN2QMJ

60.47cm (23.8") 3.8")
Service
Premier discount
3 Years Advanced Exchange Service AE3Y
$219 99
SKU
[210-BG PK]
$12,759 42
ID
1 [814-9340] [814- 29
9341]
-$3,828.00
Item total: $8,931.42
Precision 3660 Tower - Build Your
Own
Discounted unit price: $1,680.32
Estimated Delivery
FREE Standard Delivery to 92870-6101 by
Wednesday, June 21, 2023
Catalog Number: 84 / xctopt3660usr
Category Description
Processor
Operating System
Microsoft Office
Chassis Options
Memory
Video Card
Storage Configuration (Boot
Drive)
Raid Connectivity
1 13th Generation Intel® Core" i7-13700
(30MB Cache, 16 Core (8+8), 2.1 GHz to

5.2GHz (65W)) TDP
Windows 10 Pro (Includes free upgrad
e to Windows 11 Pro), English, French,
Spanish
$2,872.34
$2,872.34
Code SKU ID
G5R1PLK [338-CKHZ][412- 146
ABBQ]
G42N6D1 [619-AQMP] 11
No Microsoft Office License included GC7OFJV [658-BCSB] 1002 Precision 3660 Tower with 300W (80 PI
us Platinum) PSU, RPL and ADL Comp
atible
GOD45AQ [321-BJJJ] 116
32 GB, 2 x 16 GB, DDR5, 4400 MHz GRZ530C [370-AGYF] 3
Intel Integrated Graphics GUJTPY1 [490-BBBS] 6
C1: M.2 SSD Boot + Optional M.2 SSD G14KNOU [449-BBXF] 276 (No SATA HDD)
No SATA RAID
G9BYT4Q [780-BBCJ] 1009

Category Description
Code SKU ID
1st M.2 NVMe SSD 1TB PCIe NVME" Class 40 M.2 SSD GLP12TD [400-BNGL] [412- 102 AAZW]
Additional M.2 NVMe SSD No Hard Drive GMKBO5E [400-AKZR] 202 1st Hard Disk Drive No Hard Drive GMKBO5E [400-AKZR] 8
2nd Hard Disk Drive No Hard Drive GMKBO5E [400-AKZR] 637 3rd Hard Disk Drive No Hard Drive GMKBO5E [400-AKZR] 54 4th Hard Disk Drive No Hard Drive GMKBO5E [400-AKZR] 51 Additional Network Add -in- No Additional Network Card Selected (I GPQ31 WV [555-BBJO] 13 cards ntegrated NIC included)
Wireless Intel® Wi-Fi 6E AX211, 2x2, 802.11 ax, GOI7S2B [555-BHHI] [555- 19 Bluetooth® wireless card BHHR]
PCIe I/O Add -in -cards Not selected in this configuration GY2RECF [817-BBBC] 666 Optional Integrated Video or No Additional Port
USB Ports

CD ROM/DVD ROM
Optical Software
GH2ILWN [492-BCLP] 36
8x DVD+/-RW 9.5mm Optical Disk Driv GH9VUMO [429-ABDW] [429- 16 e ABMR]
Cyberlink Media Suite Essentials for Wi GWNM30Y [658-BBTV] 597 ndows 10 and DVD drive (without Medi
a)
Intel Active Management Intel Management Engine disabled GSBQJT9 [631-ADHX] 49 Technology
Keyboard Dell KB216 Wired Keyboard English, US GZDPBC1 [580-ADJC] 4 Mouse Dell Optical Mouse -MS116(Black) GWDQT30 [570-ABIE] 12 E -Star ENERGY STAR Qualified G6J34SM [387-BBLW] 122
EPEAT EPEAT 2018 Registered (Gold) GBU8CHM [379-BDZB] 200331 TPM Security Dell Precision TPM G1 MEH6P [340-ACBY] 297 Thermal Cooling Standard CPU Air Cooler GD7YWQF [412-ABBU] 412 Driver WLAN Intel® AX211 wireless card driv GOBIV32 [555-BHQF] 7 er
Power Cord System Power Cord C13 (US 125V, 15 GPYN5HX [450-AHDU] 20 A)
Documentation/Disks Safety/Environment and Regulatory Gu G7RBOGY [340-AGIK] 21 ide (English/French Multi -language)
Placemat Quick Setup Guide, Precision 3660 G5RP6E3 [340-CYVU] 60 UPC Label No UPC Label G8WGTYN [389-BCGW] 292
Packaging Shipping Material for MT GG6R8EP [340-CBUU] [340- 465 CZQO]
Label 300W Platinum PSU Label GTYJX38 [389-EDFS] 676
Processor Branding Intel® Core' i7 Processor Label G3P1 WL7 [340-CUEQ] 749 Internal Speakers Internal Speaker for Precision 3660 GUXA8NO [520-AAVW] 18 External Optical Device No External ODD GVTOW4N [429-ABGY] 317 Windows AutoPilot No AutoPilot GYEO2AP [340-CKSZ] 291
Monitor Stands No Stand GK0645E [575-BBCH] 558
Cables and Dongles No Additional Cable GIXOL8M [379-BBCY] 592 Operating System Recovery OS -Windows Media Not Included GLA9OQ1 [620-AALW] 200013 Options

Category
External Speakers
Non -Microsoft Application
Software
Protect your new PC
Hard Drive Software
Dell Endpoint Security
FGA Module
Precision 3660 Tower
Services:Hardware Support
Premier discount
Description
No External Speaker
Windows Software Applications
No anti -virus software
Intel® Rapid Storage Technology Drive
r, Precision 3660T
Crowdstrike Endpoint Prot Ent,Prevent I
nsight,EDR XDR,Device Ctrl,ThreatGrap
h,Essential Support 1yr
No FGA
Precision 3660 Tower CTO BASE
3 Years Hardware Service with Onsite/I
n -Home Service After Remote Diagnosi
s
Code
GTNM7E2

GTLCJOY
SKU ID
[817-BBBC] 200095
[525-BBCL] [640- 1003
BBLW] [640-BBSC]
[640-BBSN] [658-
BBMR] [658-
BBRB] [658-BEOK]
GD4K19S [650-AAAM] 1014
G811 NEC [409-BCWP] 707
GECBXJO [634-CCLH] 200465
NOFGA [817-BBBB] 572
G8GMFI3 [210-BCUR] 1
NBD3 [997-2808] [997- 29
2811]
-$1,192.02
Item total: $1,680.32
Logitech C920S Pro HD Webcam
Discounted unit price: $59.49
Manufacturer Part# : 960-001257
Dell Part# : AA542563
Estimated Delivery
FREE Standard Delivery to 92870-6101 by
Thursday, June 15, 2023
Premier discount
7 $69.99 $489.93
-$73.50
Item total: $416.43
lidaport Support
Order Status
Drivers & Downloads
Product Support
Support by Topic
Warranty Information
Order Support
Your Products
Quotes
Your Products
About Dell
About DeII
DeII Technologies
Account (Account
Your Profile
Dell Contacts
Address Book
Savings: $28,300.90
Subtotal (100): $45,839.07
Savings $28,300.90
Subtotal (100) $45,839.07
Estimated Shipping S0.00
ecomm_Labels: cart_SalesTaxfee_label $3,864.10
Environmental Fee $290.00
Total $49,993.17
Sales Quotes

Systems
Peripherals
Copyright © 2023 Dell Inc. Legal & Regulatory Terms of Sale Privacy Statement Do Not Sell or Share My Personal Information Accessibility Anti -Slavery & Human Trafficking
Ultrabook, Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, vPro Inside, Xeon, Xeon Phi, Xeon Inside, and Intel Optane are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries.

Same day shipment subject to order size limitations, Dell standard shipping methods and payment via credit card, gift card or Dell Business Credit.^ Notification will be provided if there are payment delays which could impact shipping date. Electronics and accessories may ship separately.

Smart Selection. Limited quantities. Only available for orders placed by 5:59 p.m. CT Mon.—Thurs. Systems shipped the next business day after an order is placed.

Subject to order approval. Software and accessories not part of the configuration will be shipped separately and may arrive after your system. Please note that Smart Selection Configuration pricing cannot be combined with other pricing offers or discounts provided or agreed to by Dell. Orders with Custom Factory Integration might require additional processing time.
"DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc. **Payment solutions provided and serviced by Dell Financial Services L.L.C. or its affiliate or designee ("DFS") for qualified customers. Offers may not be available or may vary in certain countries. Where available offers may be changed without notice and are subject to product availability, applicable law, credit approval, documentation provided by and acceptable to DFS and may be subject to minimum transaction size. Offers not available for personal, family or household use. Dell Technologies and the Dell Technologies logo are trademarks of Dell Inc. Restrictions and additional requirements may apply to transactions with governmental or public entities.
'Subject to applicable law and regulations. ALL ORDERS ARE SUBJECT TO APPROVAL AND ACCEPTANCE BY DELL. Pricing, availability and other terms of offer may be withdrawn or changed without notice. Dell cannot be held responsible for errors in typography or photography.ALL ORDERS ARE SUBJECT TO APPROVAL AND ACCEPTANCE BY DELL. Pricing, availability and other terms of offer may be withdrawn or changed without notice. Dell cannot be held responsible for errors in typography or photography.

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

CITY COUNCIL

CITY ADMINISTRATOR

CHIEF OF POLICE
JUNE 20, 2023
SUBJECT: ANNUAL MILITARY EQUIPMENT REPORT PER CA ASSEMBLY BILL NO. 481 FISCAL
IMPACT: NONE
SUMMARY:

On May 17, 2022, the City Council for the City of Placentia adopted Ordinance O-2022-03 adopting a Military Equipment Use Policy governing the law enforcement's use of items that are deemed "military equipment" under AB 481. Since then, Placentia Police Department (PPD) has successfully maintained the military equipment in accordance with the policy. Government Code Section 7072(a) requires the Police Department submit to the City Council an annual report that includes:
• A summary of how the military equipment was used and the purpose of its use. • A summary of any complaints or concerns received concerning the military equipment. • The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. • The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs. • The quantity possessed for each type of military equipment. • If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

On May 31, 2023, the Police Department hosted a community engagement meeting to provide community members the opportunity to comment on, discuss, and ask questions regarding the annual report. The policy and Annual Report are attached with this Staff Report.

RECOMMENDATION:

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

1. Receive and file the annual Military Equipment Report per CA Assembly Bill No. 481; and

2. Adopt Resolution R-2023-50, A Resolution of the City Council of the City of Placentia, California, renewing its Military Equipment Use Policy.

1.j.

June 20, 2023

City Council Agenda
June 20, 2023

DISCUSSION:

AB 481 requires annual approval of use, reporting, and oversight in purchasing and maintaining items deemed "military equipment."
The term "military equipment," as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered "military equipment" by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.

The intent of the annual community engagement meeting was to provide local transparency on all department equipment deemed "military equipment." Comments and concerns shared by community participants are intended to be shared with the council as part of their decision making and annual approval process. The community engagement meeting was advertised in the Placentia City Weekly and on the Placentia Police Department's website. The meeting was held at the Placentia City Council Chambers on May 31, 2023, at 6:00 P.M. One Councilmember attended with no other attendees. In addition, we did not receive any questions, comments or concerns via email or phone.

Submitted by:

Chris Anderson
Administrative Lieutenant
Reviewed and ap• ove
rad Butts
Chief of Poli
Reviewed and approved: Reviewed and approved:

Christian Bettenhausen
City Attorney
Darien R. Arrula
City Administrator
Attachments:

1. PPD Military Equipment Use Policy No. 710 / Military Equipment Inventory Annual Report

2. Resolution R-2023-50

PLACENTIA PPD POLICY 710 /
ANNUAL MILITARY EQUIPMENT REPORT FOR 2022

PLACENTIA POLICE DEPARTMENT
POLICY 710
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body — The elected or appointed body that oversees the Placentia Police Department.

Military equipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five - ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
710.2 POLICY

PLACENTIA PPD POLICY 710 /
ANNUAL MILITARY EQUIPMENT REPORT FOR 2072
It is the policy of the Placentia Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Placentia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Placentia Police Department:

See attachment: (INSERT HYPERLINK TO LIST HERE)
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.

PLACENTIA PPD POLICY 710 /
ANNUAL MILITARY EQUIPMENT REPORT FOR 2072
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment deployed or used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Any military equipment that is deployed or used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies. Situations may arise where Placentia Police Department may deploy or use military equipment owned by other law enforcement agencies, in these situations, Placentia Police Department is authorized to deploy or use a different agency's military equipment as authorized in Section 710.4 of this policy.

The Placentia Police Department hereby adopts the military equipment use policy as is approved and may be amended from time to time, under Government Code § 7070 et seq., for jurisdictions that the Placentia Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Placentia Police Department to deploy or use the military equipment of another jurisdiction.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

PLACENTIA PPD POLICY 710 /
ANNUAL MILITARY EQUIPMENT REPORT FOR 2022
710.9 COMPLIANCE PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process and handled in a timely manner.

PLACENTIA PPD POLICY 710 /

PLACENTIA POLICE DEPARTMENT MILITARY EQUIPMENT INVENTORY MILITARY EQUIPMENT REPORT FOR 2022

PLACENTIA PPD POLICY 710 /

ATTACHMENTS

PLACENTIA PPD POLICY 710 /
The department prides itself in the substantial and ongoing training that the department provides to its employees on a range of matters including use of force, engagement tactics, proper use of equipment including the equipment declared to be "military equipment" under AB 481 (Gov't Code 7070 et seq.). Throughout this report, when $0 is listed for costs incurred, that means that the department did not incur any additional expenses beyond that which the department would have expended if did not authorize the use of the "military equipment" at issue, and not that employees have not been trained in the use of equipment.
(a) LENCO BEARCAT

1. Purpose of Equipment: The Lenco Bearcat is used as a mobile shield for officers to conduct rescue and tactical operations safely. It allows officers to conduct these operations from a safer and more tactically sound position, which can assist in the de-escalation and the peaceful resolve of a critical incident.

2. Use of Equipment in 2022: The Lenco Bearcat was used to transport swat operators during operations/training.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $1,000
a. Acquisition: None
b. Personnel: None
c. Training: Approximately $1,000 spread out through the year for NCS Operators to receive familiarization training.
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 1 - The Bearcat is owned and maintained by the Fullerton Police Department and used by North County SWAT, which operates in Placentia.

7. 2023 Acquisition Plans / Source of Funding: One Bearcat was purchased within the last 12 months by the La Habra Police Department.

This will be used by North County SWAT, which operates in Placentia.

Placentia PD does not intend to purchase a Bearcat in 2023. (b) MOBILE COMMAND POST VEHICLE (MCV)

1. Purpose of Equipment: The mobile command vehicle was used during public events and critical incidents. The mobile command vehicle is a vehicle based mobile office that provides shelter and access to department computer systems during extended events.

2. How the Equipment was used in 2022: The MCV was used for the Heritage Day Parade as the Command Post.

PLACENTIA PPD POLICY 710 /

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: S5,000
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: $5,000 for repairs.

6. Quantity Currently Possessed: 1

7. 2023 Acquisition Plans / Source of Funding: None
(c) REMINGTON 870 SHOTGUN, MODIFIED WITH A BREACHING BARREL

1. Purpose of Equipment: It is used to breach locked doors, which allows SWAT operators to enter fortified locations and rescues victims, apprehend wanted suspects and secure evidence.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 1

7. 2023 Acquisition Plans / Source of Funding: None
(d) ROYAL ARMS TACTICAL ENTRY SAFE CLAYVON BREACHING

SHOTGUN ROUNDS

1. Purpose of equipment: This is a round that is fired from a breaching shotgun and is used to disable deadbolts, locks and hinges, which allows operators to enter fortified locations and rescues victims, apprehend wanted suspects and secure evidence.

2. How the equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None

PLACENTIA PPD POLICY 710 /
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 39

7. 2023 Acquisition Plans / Source of Funding: None
(e) KINETIC BREACHING TOOL (KBT) MODEL 3-100

1. Purpose of Equipment: This tool is currently not owned or used by the Placentia Police Department. It is anticipated this tool may be used or purchased by the Placentia Police Department in the future. The tool's purpose is to breach locked doors, which allows operators to enter fortified locations and rescues victims, apprehend wanted suspects and secure evidence.

2. How the Equipment was used in 2022: N/A

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $12,600 (anticipated)
a. Acquisition: Up to $12,000 (anticipated)
b. Personnel: $500 a year in training time for NCS Operators (anticipated).
c. Training: $100 a year for munitions (anticipated)
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 0

7. 2023 Acquisition Plans / Source of Funding: One KBT is being sought for the next fiscal year. The funding source would be from the general fund.
(f)
SIG SAUER MCX RIFLE, 5.56MM, 11.5" BARREL

1. Purpose of Equipment: This tool enables officers, when in compliance with the Placentia Police Department's Use of Force Policy, to address medium to long distance threats who are heavily armed, armored or both. In both short and long-distance deployments, they allow officers precise shot placement minimizing the risk to officers and innocent citizens.

2. How the Equipment was used in 2022: The MCX rifle was deployed multiple times during high -risk encounters where armed resistance was anticipated. Although deployed, the MCX rifle was not discharged outside of a training environment.

PLACENTIA PPD POLICY 710 /

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $12,050
a. Acquisition: None
b. Personnel: $5,000 a year in training time for Officers. c. Training: $7,000 a year for munitions.
d. Transportation: None
e. Maintenance: $50 for cleaning supplies.
f. Storage: None
g. Upgrade: It is anticipated that the department will replace broken and worn-out suppressors with upgraded models. Approximate cost $3,000-$12,000
h. Other ongoing costs: None

6. Quantity Currently Possessed: 50

7. 2023 Acquisition Plans / Source of Funding: None
(g)
COLT, AR -15 A3, 16.1" BARREL

1. Purpose of Equipment: This tool enables officers, when in compliance with the Placentia Police Department's Use of Force Policy, to address medium to long distance threats who are heavily armed, armored or both. In both short and long-distance deployments, they allow officers precise shot placement minimizing the risk to officers and innocent citizens.

2. How the Equipment was used in 2022: The Colt rifle was deployed multiple times during high -risk encounters where armed resistance was anticipated. Although deployed, the Colt rifle was not discharged outside of a training environment.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $550
a. Acquisition: None
b. Personnel: None
c. Training: $500
d. Transportation: None
e. Maintenance: $50 for cleaning supplies.
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 10

7. 2023 Acquisition Plans / Source of Funding: None
(h) COLT, MODEL M4, 5.56, 10.5" BARREL

1. Purpose of Equipment: The Colt M4 is primarily used as a force -on - force training tool with the use of marking cartridges. It is also kept in operational condition to be used as a spare rifle if an officer's Sig MCX rifle becomes damaged, inoperable, or current stock cannot fill the

PLACENTIA PPD POLICY 710 /
quantity of rifles needed. Outside of training, this tool enables officers, when in compliance with the Placentia Police Department's Use of Force Policy, to address medium to long distance threats who are heavily armed, armored or both. In both short and long-distance deployments, they allow officers precise shot placement minimizing the risk to officers and innocent citizens.

2. How the Equipment was used in 2022: The Colt M4 was not deployed outside of a training environment.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $50
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: $50 for cleaning supplies.
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 8

7. 2023 Acquisition Plans / Source of Funding: None
DEFENSE TECHNOLOGY #25, TACTICAL DIVERSIONARY

DISTRACTION DEVICE

1. Purpose of Equipment: Outside of a training environment, the Defense Technology #25 Noise Flash Diversionary Device (NFDD) has been used by NCS to disorient or divert a suspect's attention away from SWAT Officers. It has also been used as a signaling tool to assist in safely initiating communications with suspects. The purpose of an NFDD is to distract dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. It produces atmospheric overpressure and brilliant white light, which can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

2. How the Equipment was used in 2022: This equipment was not deployed outside of a training environment.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None

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h. Other ongoing costs: None

6. Quantity Currently Possessed: 46

7. 2023 Acquisition Plans Source of Funding: None
(j)

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE

1. Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 4

7. 2023 Acquisition Plans / Source of Funding: Replenish stock (5). The funding source would be from the general fund.
(k) DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE

1. Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None

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g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 8

7. 2023 Acquisition Plans / Source of Funding: None
(I) DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE

1. Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $589
a. Acquisition: $589
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 10

7. 2023 Acquisition Plans / Source of Funding: None
(m)

DEFENSE TECHNOLOGY, TRIPLE -CHASER SEPARATING CS

CANISTER

1. Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None

PLACENTIA PPD POLICY 710 /
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 0

7. 2023 Acquisition Plans / Source of Funding: Replenish stock (5). The funding source would be from the general fund.
(n) DEFENSE TECHNOLOGY, TRIPLE -CHASER SEPARATING OC

CANISTER
1 Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 0

7. 2023 Acquisition Plans / Source of Funding: Replenish stock (5). The funding source would be from the general fund.
(o) DEFENSE TECHNOLOGY, POCKET TACTICAL CS CANISTER

1. Purpose of Equipment: In 2022-2023, the CS Pocket Tactical was not deployed outside of a training environment. The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0

PLACENTIA PPD POLICY 710 /
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 6

7. 2023 Acquisition Plans / Source of Funding: None

DEFENSE TECHNOLOGY, SMOKE CANISTER

1. Purpose of Equipment: The purpose of this tool is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: This was not used in 2022.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $0
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 4

7. 2023 Acquisition Plans / Source of Funding: None

FTC PEPPERBALL LAUNCHER

1. Purpose of Equipment: The purpose of this tool is to provide a less than lethal force option and limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: The Pepperball Launcher was deployed on NCS Callouts as a less than lethal force option and de-

PLACENTIA PPD POLICY 710 /
escalation tool. It was also used in a training environment to build officer's skills and familiarity in the tool.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $500
a. Acquisition: None
b. Personnel: None
c. Training: $500 for training NCS Operators
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: This is a newly acquired tool and additional munitions and training will be needed this year to meet the requirements of AB 48.

6. Quantity Currently Possessed: 2

7. 2023 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.
(r) PEPPERBALL LIVE -X PROJECTILES (Munitions for Pepperball)

1. Purpose of Equipment: Munitions for pepperball launcher.

2. How the Equipment was used in 2022: The Pepperball Launcher was deployed on NCS Callouts as a less than lethal force option and de-escalation tool. It was also used in a training environment to build officer's skills and familiarity in the tool.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $500
a. Acquisition: None
b. Personnel: None
c. Training: $500 for training NCS Operators
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 700

7. 2023 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.
(s) PEPPERBALL INERT PROJECTILES (Munitions for Pepperball)

1. Purpose of Equipment: Munitions for pepperball launcher.

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2. How the Equipment was used in 2022: The Pepperball Launcher was deployed on NCS Callouts as a less than lethal force option and de- escalation tool. It was also used in a training environment to build officer's skills and familiarity in the tool.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $500
a. Acquisition: None
b. Personnel: None
c. Training: $500 for training NCS Operators
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 600

7. 2023 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.
(t) AARDVARK LRAD 100X PORTABLE HAILING SYSTEM

1. Purpose of Equipment: The LRAD system has been used to initiate communications with wanted and dangerous suspects during critical incidents. The purpose of this tool is to provide clear communications to persons of interest. This tool provides officers with the ability to communicate with potentially dangerous subjects from safe and tactically sound positions. It is a de-escalation tool which is often used to obtain the peaceful surrender of wanted persons. It can also be used as a public address system during civil emergencies, natural disasters, evacuations, and other police incidents.

2. How the Equipment was used in 2022: The LRAD was deployed on North County SWAT Callouts and was used during training.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $500
a. Acquisition: None
b. Personnel: None
c. Training: $500 for training NCS Operators
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: None

6. Quantity Currently Possessed: 1 -The LRAD is owned and maintained by the Brea Police Department and used by North County SWAT, which operates in Placentia.

PLACENTIA PPD POLICY 710 /

7. 2023 Acquisition Plans / Source of Funding: None
(u) DEFENSE TECHNOLOGY LMT 40MM SINGLE SHOT LAUNCHER

1. Purpose of Equipment: The 40mm Launcher is a less than lethal force option and de-escalation tool. The purpose of this tool is to provide a less than lethal force option and limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: The 40mm Launcher was deployed multiple times during high -risk encounters where the potential for a violent encounter was anticipated. Although deployed, the 40mm Launcher was not discharged outside of a training environment.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $1,000
a. Acquisition: None
b. Personnel: None
c. Training: $1,000 for training Officers
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: Due to AB 48, additional training and munitions will be needed this year to meet the requirements of the bill.

6. Quantity Currently Possessed: 8

7. 20223 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.

8. (v) DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE (Round)

1. Purpose of Equipment: Sponge round for 40MM.

2. How the equipment was used in 2022: The 40mm Launcher was deployed multiple times during high -risk encounters where the potential for a violent encounter was anticipated. Although deployed, the 40mm Launcher was not discharged outside of a training environment.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $1,000
Acquisition: None
a. Personnel: None
b. Training: $1,000 for training Officers
c. Transportation: None

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d. Maintenance: None
e. Storage: None
f. Upgrade: None
g. Other ongoing costs: Due to AB 48, additional training and munitions will be needed this year to meet the requirements of the bill.

6. h. Quantity Currently Possessed: 30

7. 20223 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.
(w)
REMINGTON 870 12 GAUGE LESS LETHAL SHOTGUN

1. Purpose of Equipment: The purpose of this tool is to provide a less than lethal force option and limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

2. How the Equipment was used in 2022: The Less Lethal Shotgun was deployed on NCS Callouts as a less than lethal force option and de- escalation tool. It is also used in a training environment to build the officer's skills and familiarity in the tool.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $500
a. Acquisition: None
b. Personnel: None
c. Training: $500 for training NCS Operators
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: Due to AB 48, additional training and munitions will be needed this year to meet the requirements of the bill.

6. Quantity Currently Possessed: 1

7. 2023 Acquisition Plans / Source of Funding: Replenish munitions used during critical incidents and training. The funding source would be from the general fund.
(x) SKYDIO X2E UNMANNED AERIAL SYSTEMS (UAS)

1. Purpose of Equipment: The UAS is deployed when it's view would assist officers or incident commanders with major traffic collision investigations and crime scenes, search for missing persons and rescue

PLACENTIA PPD POLICY 710 /
events, natural disaster management, search for wanted suspects, SWAT operations, fire services and life preservation missions.

2. How the Equipment was used in 2022: This equipment was used outdoors on perimeters to assist in locating wanted suspects.

3. Concerns and Complaints Received: None

4. Internal Audit Results and Response: Completed

5. Total Annual Cost: $6,403.18
a. Acquisition: None
b. Personnel: None
c. Training: None
d. Transportation: None
e. Maintenance: None
f. Storage: None
g. Upgrade: None
h. Other ongoing costs: $6,403.18 Axon Air / 3D Scan

6. Quantity Currently Possessed: 1

7. 2023 Acquisition Plans / Source of Funding: Two indoor drones are being sought for the next fiscal year. The funding source would be from the general fund.

RESOLUTION NO. 2023-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, RENEWING ITS MILITARY

EQUIPMENT USE POLICY
A. Recitals
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), adding Chapter 12.8, "Funding, Acquisition and Use of Military Equipment", to Division 7 of Title 1 of the Government Code (sections 7070 - 7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires, inter alia, the Police Department submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council; and
WHEREAS, the City Council shall review its Ordinance approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the Ordinance at a regular meeting; and
WHEREAS, the City Council shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in its Ordinance; and WHEREAS, the City Council has reviewed the annual military report submitted by the Police Department and determined the military equipment has complied with the standards for approval set forth in its Ordinance; and
WHEREAS, the City Council voted to renew Ordinance No. O-2022-03 by resolution of the City Council set forth below.

B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

Resolution R-2023-50

1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct and incorporated herein by reference.

2. City of Placentia Ordinance No. O-2022-03 is hereby renewed.

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

APPROVED and ADOPTED this 20th day of June 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

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 20th 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-2023-50

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE JUNE 20, 2023
SUBJECT: MEASURE M ELIGIBILITY APPLICATION PACKAGE FOR FISCAL YEAR 2023-24 FISCAL
IMPACT: REVENUE: $1,192,053 IN ESTIMATED MEASURE M FUNDS (180000-4092) SUMMARY:

On November 7, 2006, Orange County voters approved Renewed Measure M. Renewed Measure M ("M2") is a 30 -year, multi -billion dollar program extension of the original Measure M half -cent countywide sales tax with a new slate of transportation projects and programs. It is anticipated that the City of Placentia will receive approximately $1,192,053 in local fair share M2 funds for Fiscal Year ("FY") 2023-24. This action will approve and adopt required documents for submittal of a Measure M eligibility package to the Orange County Transportation Authority (OCTA).

RECOMMENDATION:

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

1. Authorize Staff to submit the 7 -year Capital Improvement Program (CIP) project list utilizing Measure M funding; and

2. Approve Resolution No. R-2023-45, a Resolution of the City Council of the City of Placentia, California, concerning the status and update of the Circulation Element and Mitigation Fee Program for the Measure M (M2) Program; and

3. Approve Resolution No. R-2023-46, a Resolution of the City Council of the City of Placentia, California, concerning the update of the Local Signal Synchronization Plan for the Measure M (M2) Program; and

4. Authorize Staff to submit the Measure M Eligibility application package to OCTA to ensure continued eligibility for Measure M funding and receipt of Local Fair Share M2 funds.

STRATEGIC PLAN STATEMENT:

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

1.k.

June 20, 2023

City Council Agenda
June 20, 2023

DISCUSSION:

Eligibility:

All the requirements set forth in OCTA Ordinance No. 2 must be met in order for the City to maintain eligibility for its local fair share of funds. This year, the City's application must include the following items:

The eligibility application package the City has prepared for submittal includes all documentation required by OCTA.

1. Submittal of Measure M Eligibility Checklist for Fiscal Year 2023-24;

2. Approval of a seven (7) year CIP which includes all projects funded partially or wholly by Measure M dollars;

3. Approval of Maintenance of Effort ("MOE") Reporting Form and supporting budget documents;

4. Congestion Management Program;

5. Certification Circulation Element/Master Plan of Arterial Highways ("MPAH") Consistency;

6. Mitigation Fee Program.

Process for Determining Measure M Eligibility:

The following process has been established for determining Measure M eligibility:

1. Agencies submit Measure M packages to OCTA;

2. OCTA Staff reviews packages;

3. Citizen's Oversight Committee determines eligibility by reviewing certain components of the eligibility package;

4. OCTA approves eligibility for agencies to receive Measure M Funds.

If the package is found non -eligible by OCTA Staff, the City will have 30 days to respond and appeal the Staff findings. The matter then goes to the Technical Advisory Committee for review and recommendation with the final decision resting with OCTA. The following briefly describes each component of the eligibility package:

Measure M Eligibility Checklist:

The Measure M Program requires the City's annual eligibility application to include a checklist that is used by OCTA Staff and the OCTA Taxpayers Oversight Committee to determine compliance with program requirements. The checklist demonstrates that the City is in compliance with the program.

Seven (7) Year Capital Improvement Program ("CIP"):

The City's annual eligibility application also includes the submittal of capital projects utilizing Measure M2 funds scheduled for construction during the seven (7) year period (Attachment 1).

The project list includes budget and schedule details for reconstruction and paving projects, intersection improvements, the Metrolink Station and parking structure project, ADA ramps, and traffic signal projects funded fully, or in part, by Measure M2 Funds.

City Council Agenda
June 20, 2023

Maintenance of Effort (MOE):

The Measure M program requires the City to support the ongoing "maintenance of effort" requirement by ensuring that City funds continue to be allocated towards street maintenance and repairs as well as other transportation -related projects. Measure M2 funds are designed to supplement, not replace, existing local funding sources for transportation projects. The City's required MOE is based upon a historic benchmark of General Fund expenditures towards road maintenance and transportation projects in the City.

Mitigation Fee Program
Each two (2) years, the City must submit a City Council adopted resolution to OCTA certifying that the City has an existing mitigation fee program that assesses traffic impacts of new developments and requires a fair share payment of necessary transportation attributable to the new development. The attached resolution reaffirms the City has an existing program, which is the Citywide Traffic Mitigation Impact Fee, a traffic impact developer fee program.

Congestion Management Program ("CMP") Compliance
The goals of the Orange County's Congestion Management Plan ("CMP") are to support regional mobility and air quality by reducing traffic congestion and provide mechanics for coordinating land use and development decisions. Each jurisdiction complies with conditions and requirements to be considered eligible for funding. Some of the requirements include reviewing level of Service for roadways, Land Use analysis and their impacts to transportation systems, and Modeling and Data Consistency guidelines. Every two years, the City complies with the requirements of the Orange County CMP through a checklist submission. The checklist confirms that the City of Placentia conforms to the criteria established by OCTA so that the City can qualify for the allocation of revenues generated from Measure M2.

Local Signal Synchronization Plan (LSSP'
The City's LSSP is a three-year plan identifying traffic signal synchronization routes and traffic signals to be improved, including all elements of the Regional Signal Synchronization Network located within the City. It includes goals that are consistent with those outlined as part of OCTA's Regional Traffic Signal Synchronization Master Plan, including signal synchronization across jurisdictions. An updated plan is required for submittal to OCTA as part of the City's eligibility documentation. The City's prior LSSP was last updated in 2020, and an updated 2023 version has been prepared. The 2023 LSSP includes a three-year outlook for FY 2023-24 through 2025-

26. Approval of attached resolution (Attachment 3) includes adoption of the 2023 LSSP update.

FISCAL IMPACT:

It is anticipated that the City will receive approximately $1,192,053 in local fair share M2 funds for Fiscal Year 2023-24, and these funds are included in the proposed 2023-24 Capital Improvement Program Budget.

City Council Agenda
June 20, 2023

Prepared by: Reviewed and approved:
f ,Sa �b�i�n Sbin
Elsa Y. Robinson Jennifer Lampman
Senior Management Analyst Director of Finance
Reviewed and approved: Reviewed and approved:
(A,us f si
Luis Estevez
Deputy City Administrator
Dan ien R. Arrula
City Administrator
Attachments:

1. City of Placentia FY 2023-24 CIP Project List with Measure M Funding

2. Resolution No. 2023-45 — Status and Update of the Circulation Element and Mitigation Fee Program for the Measure M (M2) Certification Program

3. Resolution No. 2023-46 — Update of the Local Signal Synchronization Plan for the Measure M (M2) Certification Program

6/14/23, 5:39 PM
ocfundtrackerocta.net/CIP/report_project_listing
Orange County Transportation Authority
FY 2023/24 - FY 2029/30 Capital Improvement Program
TIP ID CP-11218
IMPLEMENTING AGENCY Placentia, City of
Local Project Number: 15-OCTA-TSP-3783
Additional Project IDs:

Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Coordinate signals within project limits
Limits
Citywide
Project Notes
The project is complete. The City is waiting for the final close-out of the project by the lead agency, the City of Fullerton, and OCTA. The funds budgeted in FY 22/23 are being carryover to FY 23/24.

Last Revised: 23-00 - In Progress
Project Title
Chapman Ave Traffic Signal Synchronization Project
Project Description
Multi -jurisdictional corridor synchronization project.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP
Totals: $0 $0 $0

O&M TOTAL TOTAL ESCALATED
$o $o $o
Total Programmed: $0
TIP ID CP-11636
IMPLEMENTING AGENCY Placentia, City of
Local Project Number: 1201
Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
City of Placentia - Orangethorpe Avenue, Rose Drive and Kraemer Boulevard
Project Notes
This project is in the final stages of completion. The funds budgeted in FY 22/23 are being carryover to FY 23/24.

Last Revised: 23-00 - In Progress
Project Title
FY 2021-22 Roadway Rehabilitation Project
Project Description
The proposed FY 2021-22 Roadway Rehabilitation Project will repave approximately 2.3 million square feet of roadway including arterial streets.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0
$0 $0 $0
Total Programmed: $0
TIP ID CP-11661
IMPLEMENTING AGENCY Placentia, City of
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Limits
Citywide
Project Notes
Last Revised: 23-00 - In Progress
Project Title
FY 2022-23 Annual Pavement Rehabilitation & Maintenance Program Project Description
Resurfacing of various roadways in FY 22/23

FISCAL YEAR FUND TYPE
2024 Measure M2 Local Fairshare
2024 General Fund
2024 Gas Tax
2024 Local Streets and Roads apportionments

ENG ROW CON/IMP
$0 $0 $600,000
$0 $0 $3,000,000
$0 $0 $800,000
$0 $0 $1,000,000

O&M TOTAL TOTAL ESCALATED
$0 $600,000 $618,000
$0 $3,000,000 $3,090,000
$0 $800,000 $824,000
$0 $1,000,000 $1,030,000
Totals: $0 $0 $5,400,000 $0 $5,400,000 $5,562,000
Total Programmed: $5,400,000
TIP ID CP-11662
IMPLEMENTING AGENCY Placentia, City of
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Limits
Citywide
Project Notes
Last Revised: 23-00 - In Progress
Project Title
FY 2023-24 Annual Pavement Rehabilitation & Maintenance Program Project Description
Resurfacing of various roadways in FY 23/24

FISCAL YEAR FUND TYPE
2025 Local Streets and Roads apportionments
2025 Measure M2 Local Fairshare
2025 General Fund

ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
$0 $0 $900,000 $0 $900,000 $954,810
$0 $0 $500,000 $0 $500,000 $530,450
$0 $0 $2,000,000 $0 $2,000,000 $2,121,800
Totals: $0 $0 $3,400,000 $0 $3,400,000 $3,607,060
Total Programmed: $3,400,000
https://ocfundtracker.octa.net/CIP/report_project_listing 1/4

6/14/23, 5:39 PM
ocfundtrackerocta.net/CIP/report_project_listing
TIP ID CP-11663 IMPLEMENTING AGENCY Placentia, City of
Local Project Number: Project Title
Additional Project IDs: , FY 2024-25 Annual Pavement Rehabilitation & Maintenance Program Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Limits
Citywide
Project Notes
Project Description
Resurfacing of various roadways in FY 24/25

FISCAL YEAR FUND TYPE

ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
2025 Measure M2 Local Fairshare $0 $0 $500,000 $0 $500,000 $530,450 2025 Local Streets and Roads apportionments $0 $0 $900,000 $0 $900,000 $954,810 2025 General Fund $0 $0 $2,000,000 $0 $2,000,000 $2,121,800 Totals: $0 $0 $3,400,000 $0 $3,400,000 $3,607,060
https://ocfundtracker.octa.net/CIP/report_project_listing 2/4

6/14/23, 5:39 PM
Last Revised: 23-00 - In Progress
ocfundtrackerocta.net/CIP/report_project_listing
Total Programmed: $3,400,000
TIP ID CP-11664
IMPLEMENTING AGENCY Placentia, City of
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Limits
Citywide
Project Notes
Last Revised: 23-00 - In Progress
Project Title
FY 2025-26 Annual Pavement Rehabilitation & Maintenance Program Project Description
Resurfacing of various roadways in FY 25/26

FISCAL YEAR FUND TYPE
2026 Local Streets and Roads apportionments
2026 Measure M2 Local Fairshare
2026 General Fund

ENG ROW CON/IMP
$0 $0 $900,000
$0 $0 $500,000
$0 $0 $2,000,000

O&M TOTAL TOTAL ESCALATED
$0 $900,000 $983,454
$0 $500,000 $546,364
$0 $2,000,000 $2,185,454
Totals: $0 $0 $3,400,000 $0 $3,400,000 $3,715,272
Total Programmed: $3,400,000
TIP ID CP-11665
IMPLEMENTING AGENCY Placentia, City of
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
Citywide
Project Notes
Last Revised: 23-00 - In Progress
Project Title
FY 2026-27 Annual Pavement Rehabilitation & Maintenance Program Project Description
Resurfacing of various roadways in FY 26/27

FISCAL YEAR FUND TYPE
2027 Measure M2 Local Fairshare
2027 General Fund
2027 Local Streets and Roads apportionments

ENG ROW CON/IMP
$0 $0 $500,000
$0 $0 $2,000,000
$0 $0 $900,000

O&M TOTAL TOTAL ESCALATED
$0 $500,000 $562,754
$0 $2,000,000 $2,251,018
$0 $900,000 $1,012,958
Totals: $0 $0 $3,400,000 $0 $3,400,000 $3,826,730
Total Programmed: $3,400,000
TIP ID CP-11666
IMPLEMENTING AGENCY Placentia, City of
Local Project Number.

Additi
onal Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
Citywide
Project Notes
Last Revised: 23-00 - In Progress
Project Title
FY 2027-28 Annual Pavement Rehabilitation & Maintenance Program Project Description
Resurfacing of various roadways in FY 27/28

FISCAL YEAR FUND TYPE
2028 General Fund
2028 Local Streets and Roads apportionments
2028 Measure M2 Local Fairshare

ENG ROW CON/IMP
$0 $0 $2,000,000
$0 $0 $900,000
$0 $0 $500,000

O&M TOTAL TOTAL ESCALATED
$0 $2,000,000 $2,318,548
$0 $900,000 $1,043,347
$0 $500,000 $579,637
Totals: $0 $0 $3,400,000 $0 $3,400,000 $3,941,532
Total Programmed: $3,400,000
TIP ID CP-10988
IMPLEMENTING AGENCY Placentia, City of
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Type of Work Description: Safety - Seismic retrofit of bridge Limits
Golden Avenue bridge structure over the Carbon Canyon
Channel.

Project Notes
Other: HBRRP Federal Bridge Funding This project is a
carryover from FY 21/22. FY 21-22: "Other Funding - The City received $2.2 million in federal earmark funding for this project.

The funds budgeted in FY 22/23 are being carryover to FY 23/24.

Last Revised: 23-00 - In Progress
Project Title
Golden Avenue Bridge Design and Rehabilitation
Project Description
The project involves design engineering and permitting for the demolition and replacement of the Golden Avenue bridge over the Carbon Canyon Channel. The project will replace a bridge that is 80 ft. wide with a span of some 75 ft.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0
$0 $0 $0
Total Programmed: $0
Local Project Number: 15-LHAB-TSP-3773 Project Title
Additional Project IDs: Imperial Highway Signal Synchronization Project Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Coordinate signals Multi -agency synchronization project led by City of La Habra within project limits
Limits
Citywide
Project Notes
This project is complete. The City is awaiting the final close-out of the project by the lead agency, the City of La Habra, and OCTA. The funds budgeted in FY 22/23 are being carryover to FY 23/24.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0
$0 $0 $0
Last Revised: 23-00 - In Progress
Total Programmed: $0
https://ocfundtracker.octa.net/CIP/report_project_listing 3/4

6/14/23, 5:39 PM
ocfundtracker.octa.net/CIP/report_project_listing
Local Project Number: 18-FULL-TSP-3896
Additional Project IDs: 2002
Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Coordinate signals within project limits
Limits
Orangethorpe Avenue from LA/Orange County line to Esperanza Road in Yorba Linda
Project Notes
This project is led by the City of Fullerton and is a carryover from FY 20/21. The funds budgeted in FY 22/23 are being carryover to FY 23/24.

Last Revised: 23-00 - In Progress
Project Title
Orangethorpe Traffic Signal Synchronization Project
Project Description
Synchronization of traffic signals along the Orangethorpe Corridor in Fullerton, Buena Park, Anaheim, Caltrans, Placentia, and Yorba Linda

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $o
$o $o
$0
Total Programmed: $0
TIP ID CP-11660 i
Local Project Number: 2203 Project Title
Additional Project IDs: 20-ORNG-TSP-3976 I Rose/Tustin Regional Traffic Signal Synchronization Project Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Coordinate signals Multi -agency synchronization project led by City of Orange within project limits
IMPLEMENTING AGENCY Placentia, City of
Limits FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED The Project includes 54 signals over 11.4 miles along the Tustin 2024 Traffic Impact Fees $0 $0 $50,000 $0 $50,000 $51,500 Avenue (known as Tustin Street in the City of Orange) — Rose Drive corridor. Project limits are from First Street in the City of Tustin
Project Notes
The City of Orange will be the lead and implementing agency for the Project. Partner Agencies include the cities of Tustin, Santa Ana, Anaheim, Placentia and Yorba Linda. The Project includes 54 signals over 11.4 miles along the Tustin Avenue (known as Tustin Street in the City of Orange) — Rose Drive corridor.

Project limits are from First Street in the City of Tustin to Wabash Avenue in the City of Yorba Linda. The funds budgeted in FY 22/23 are being carryover to FY 23/24. Additional funds for construction were included in the FY 23/24 CIP Budget.

Last Revised: 23-00 - In Progress
Totals: $0
$0
$50,000
$0 $50,000 $51,500
Total Programmed: $50,000
https://ocfundtracker.octa.net/CIP/report_project_listing 4/4

RESOLUTION NO. R-2023-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA CONCERNING THE

STATUS AND UPDATE OF THE CIRCULATION

ELEMENT, AND MITIGATION FEE PROGRAM FOR THE
MEASURE M (M2) PROGRAM
A. Recitals
WHEREAS, the City of Placentia desires to maintain and improve the streets within its jurisdiction, including those arterials contained in the Master Plan of Arterial Highways (MPAH); and
WHEREAS, the City of Placentia has endorsed a definition of and process for, determining consistency of the City's Traffic Circulation Plan with the MPAH; and WHEREAS, the City has adopted a General Plan Circulation Element which does not preclude implementation of the MPAH within its jurisdiction; and WHEREAS, the City is required to adopt a resolution biennially informing the Orange County Transportation Authority (OCTA) that the City's Circulation Element is in conformance with the MPAH and whether any changes to any arterial highways of said Circulation Element have been adopted by the City during Fiscal Years (FY) 2021-22 and FY 2022-23; and
WHEREAS, the City is required to send biennially to the OCTA all recommended changes to the City Circulation Element and the MPAH for the purposes of re -qualifying for participation in the Comprehensive Transportation Funding Programs; and
WHEREAS, the City is required to adopt a resolution biennially certifying that the City has an existing Mitigation Fee Program that assesses traffic impacts of new development and requires new development to pay a fair share of necessary transportation improvements attributable to the new development; and B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY INFORM OCTA THAT:
a) The arterial highway portion of the Circulation Element of the City is in conformance with the MPAH.

Resolution R-2023-45

b) The City attests that no unilateral reduction in through lanes has been made on any MPAH arterials during FY 2021-22 and FY 2022-23. c) The City affirms that it will bring forward requests to amend the MPAH, when necessary, in order to ensure that the MPAH and the General Plan Circulation Element remain consistent.
d) The City reaffirms that the existing Mitigation Fee Program is in effect.

APPROVED and ADOPTED this 20th day of June 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

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 20th 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-2023-45

RESOLUTION NO. R-2023-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA CONCERNING THE

UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION
PLAN FOR THE MEASURE M (M2) PROGRAM.

A. Recitals
WHEREAS, the Orange County Transportation Authority has developed the Regional Traffic Signal Synchronization Master Plan to identify traffic signal synchronization street routes and traffic signals within and across jurisdictional boundaries, and defines the means of implementing the Regional Traffic Signal Synchronization Program; and
WHEREAS, the Regional Traffic Signal Synchronization Program requires that local jurisdictions adopt a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local jurisdictions' efforts to synchronizing traffic signals across local jurisdictions' boundaries; and
WHEREAS, the Local Signal Synchronization Plan must be updated by June 30, 2023 to continue to be eligible to receive Net Revenues as part of Measure M2; B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY INFORM OCTA THAT:
a) The City adopts and maintains a Local Signal Synchronization Plan which includes goals that are consistent with those outlined as part of the Regional Signal Synchronization Master Plan, including signal synchronization across jurisdictions.
b) The Local Signal Synchronization Plan identifies traffic signal synchronization street routes, including all elements of the Regional Signal Synchronization Network located within the City.
c) The Local Signal Synchronization Plan includes the traffic signal inventory for all traffic signal synchronization street routes.
d) The Local Signal Synchronization Plan includes a three-year plan showing capital, operations, and maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals. e) The Local Signal Synchronization Plan includes an update on the status and performance of traffic signal synchronization activities.

Resolution R-2023-46

f) The Local Signal Synchronization Plan includes a discussion on the review and revision, as may be necessary, on the timing of traffic signals on the traffic signal synchronization street routes.

APPROVED and ADOPTED this 20th day of June 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

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 20th 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-2023-46

The People are the City
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:

KEVIN KIRWIN

RHONDA SHADER
CHAD P. WANKE
401 East Chapman Avenue - Placentia, California 92870
June 5, 2023
Orange County Transportation Authority
ATTN: Alicia Yang
Regional Modeling and Traffic Operations
Planning Division
P.O. Box 14184
Orange, CA 92863-1584
City Clerk:

ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Subject: Local Signal Synchronization Plan Submittal as Part of the Measure M2 Eligibility Process
Dear Ms Yang:

The City of Placentia is pleased to submit its Local Signal Synchronization Plan as part of the Measure M2 eligibility process. The submittal includes the following components:

1. A completed "Local Signal Synchronization Plan Consistency Review Checklist" form establishing consistency between the Local Signal Synchronization Plan and the Regional Traffic Signal Synchronization Master Plan.

2. An updated Local Signal Synchronization Plan for Fiscal Years 2023/24 to 2025/26 including and all required elements as identified in the "Guidelines for the Preparation of Local Signal Synchronization Plans".

The City looks forward to continuing the implementation of the beneficial programs and construction projects required and made possible by Measure M2.

If you have any questions, please call me at 714-993-8121 Sincerely.
ky len
Kyra Tao
Transportation Manager
Enclosures
A. Local Signal Synchronization Plan Consistency Review Checklist B. Local Signal Synchronization Plan
cc: Luis Estevez, Deputy City Administrator

LOCAL SIGNAL SYNCHRONIZATION PLAN CONSISTENCY REVIEW CHECKLIST The Local Agency Name: City of Placentia Plan Date: June 30, 2023 Local agencies must submit a copy of the Local Signal Synchronization Plan, a completed consistency review checklist, and any supporting documentation. Complete the table below.

Local Agency Statement
Page #s in LSSP
Provided or N/A

1. Signal synchronization goals of the agency are consistent with those outlined as part of the Regional Traffic Signal Synchronization Master Plan.

Pages:
1-2
Provided

2. Traffic signal synchronization street routes are identified, including all corridors along the regional signal
synchronization network located within the local agency. pages:
3-4
Provided

3. Traffic signal inventory for all traffic signal synchronization street routes.

Pages:
5-7
Provided

4. Three-year plan separately showing costs, available
funding, and phasing for capital, operations, and
maintenance of signal synchronization along the traffic signal synchronization street routes and traffic signals which may include unconstrained and build -out scenarios.
pages:
8-11
Provided

5. Signal synchronization review, revision, and assessment of synchronization activities along the traffic signal
synchronization street routes and traffic signals.
pages:
12-15
Provided
I certify that the above statements are true to the best of my knowledge. (1 "—
Signature
r -v/
Kyra Tao, Transportation Manager, City of Placentia
June 30, 2023
Date
Printed Name, Title

CITY OF PLACENTIA

LOCAL SIGNAL

SYNCHRONIZATION PLAN
UPDATED JUNE 30, 2023

SECTION ONE

TRAFFIC SIGNAL SYNCHRONIZATION GOALS, POLICIES AND

OBJECTIVES

MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION GOALS, POLICIES

AND OBJECTIVES
The purpose and goal of the City of Placentia's LSSP is to provide a plan to reduce vehicle and pedestrian traffic congestion and delays. Traffic signal synchronization plays a key role to keep busy intersections moving freely and to prevent lower volume minor streets from disrupting major arterials traffic flow. The City's near -term goals are to complete infrastructure improvements for a properly functioning synchronization system. Long-term goals include completion of safety and synchronization improvements along remaining corridor segments.

The City's infrastructure has lived well past its intended Iifespan and the City will be budgeting additional funds to address existing traffic signal system maintenance deficiencies. In addition, traffic synchronization projects provide the City opportunities to upgrade outdated traffic signal equipment and ensure an efficient and well -run Traffic Management Center (TMC) at City HaII. Using the TMC, City staff can monitor synchronized corridors from City HaII and remotely modify timing as needed to address traffic needs.

The City of Placentia collaborates closely with its neighbors in Fullerton, Brea, Yorba Linda, and Anaheim to make sure shared arterials are adequately maintained and traffic flows efficiently. The City of Placentia coordinates beyond directly adjacent jurisdictions to partner with cities along major corridors. For example, ongoing Orange County Transportation Authority (OCTA) Project P funded synchronization projects along Chapman Avenue/Malvern Avenue, Orangethorpe Avenue, Tustin/Rose Avenue, and Imperial Highway (State Route 90) include multiple agencies for each project. Additionally, the Yorba Linda Boulevard synchronization project will begin soon.

The City reviews signal timing based on resident or business feedback and during design of Capital Improvement Projects to incorporate planned improvements where possible. The City's Transportation Manager considers the timing changes and implements them as necessary.

The City of Placentia acknowledges the Measure M2 Regional Traffic Signal Synchronization Program goals and will continue to support a multi -agency, corridor based approach that optimizes traffic signals based on existing traffic patterns. The City supports local agency responsibility for signal timing and working with neighboring agencies to improve corridor operations.
2 SECTION TWO

TRAFFIC SIGNAL SYNCHRONIZATION STREET ROUTES (EXISTING

AND PLANNED)

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SYNCHRONIZATION

NE'T'WORK MAP
JANE 2
Public Works Deportment
Network Type/Status
I. oral City Synrhroni>ation Corridor,
(Coordrratcd Roadways)
Local Ctty Synrhtonization Cetridor.
(tuturn ; nordinah'd Rnadways)
t)CTA R.alonal Synehronrzntton Corridors
(Cum dir atetl Roadway.)
OCTA (it gional Synehrenization Coe rider:.
(future Dvordiootod Roadways)

SECTION THREE

TRAFFIC SIGNAL INVENTORY
5 Traffic Signal Inventory — City of Placentia
Cycle Length
Equipment
Corridor
Intersection
Cross -street
Maintained
Responsibility
AM
MD
PM
Type
Detection
Bike
Detection
CCTV
Power
Backup
Status
Chapman Ave.

Melody
Placentia
110
110
110
ASC/2
Loops
No
CC?HJ
BBS
Online
Murray
Placentia
11C
110
110
ASC/2
Loops
No
N/A
BBS
Online
Melrose
Placentia
110
110
110
ASC/2
Loops
No
N/A.

BBS
Online
Bra-idford
Placentia
110
110
110
ASC/2
Video
No
COHLI
BBS
Online
Angelina
Placentia
NA
NA
NA
ASC/2
Loops
No
N/A
BBS
Online
Central
Placentia
100
100
103
ASC-88000
Loops
No
N/A
BBS
Online
Orangethorpe Ave.

Placentia
Placentia
120
120
120
ASC/3
Video
No
COHU
N/A
Online
Melrose
Placentia
120
120
120
ASC/3
Loops
No
COHU
BBS
Online
Crowther/Miller
Placentia
120
120
120
207C/NEMA
Video
No
N/A
N/A
Online
Chapman
Placentia
12C
120
120
ASC/3
Video
No
COHU
BBS
Online
Traub
Placentia
12C
120
120
ASC/3
Video
No
N/A
N/A
Online
Del Cerro
Placentia
120
120
120
ASC/3
Video
No
N/A
BBS
Online
Jefferson
Placentia
120
120
120
ASC/3
Video
No
COHU
BBS
Online
Van Buren
Placentia
12C
120
120
ASC/2
Video
No
N/A
BBS
Online
Richfield
Placentia
12C
120
120
ASC/3
Video
No
COHU
BBS
Online
Highla/d
Placentia
120
120
120
ASC/3
Loops
No
N/A
N/A
Online
Placentia Ave.

Lewis
Placentia
55 F
50 55
ASC/3
r
Loops
No
N/A
N/A
Online -
St. Johns
Placentia
55 50
55 ASC/3
Loops
No
N/A
N/A
Online
Palm
Placentia
55 50
55 ASC/3
Loops
No
N/A
N/A
Online
Fender
Placentia
N/A
N/A
N/A
ASC/3
Loops
No
N/A
BBS
Online
Crowther
Placentia
N/A
N/A
N/A
ASC/3
Loops
No
N/A
N/A
Online
Kimberly
Placentia
10C
90 N/A
ASC/3
Loops
No
N/A
N/A
Online
La Jolla,/'Burton
Placentia
N/A
N/A
N/A
Cobalt
Loops
No
N/A
N/A
Online
Kraemer Blvd.

Golden
Placentia
N/A
N/A
N/A
Cobalt
Video
No
COHU
BBS
Online
Patrician
Placentia
110
110
110
ASC/3
Video
No
N/A
BBS
Online
IVorse/Sheffiel•d
Placentia
100
100
100
ASC/3
Video
No
N/A
BBS
Online
Madison
Placentia
100
100
100
ASC/3
Video
No
N/A
BBS
Online
Alta Vista
Placentia
100
100
100
ASC/3
Loops
No
COHU
BBS
Online
Chapman
Placentia
N/A
N/A
N/A
ASC/3
Video
No
COHU
BBS
Online
Hawaii
Placentia
120
120
120
ASC/3
Video
No
N/A
BBS
Online
Crowther
Placentia
120
120
120
ASC/3
Video
No
N/A
N/A
Online
Orangethorpe
Anaheim
12C
120
120
ASC/2
Video
No
COHLI
N/A
Online
6 Traffic Signal Inventory — City of Placentia, continued Cycle Length
Equipment
Corridor
Intersection
Cross -street
Maintained
Responsibility
AM
MD
PM
Type
Detection
Bike
Detection
((TV
Power
Backup
Status
Rose Dr.

Linda Vista
Placentia
100
100
100
ASC/3
Video
No
N/A
BBS
Online
Palm
Placentia
100
100
100
ASC/3
Video
Na
N/A
BBS
Online
Buena Vista
Placentia
100
100
100
ASC/3
Video
No
N/A
BBS
Online
Alta Vista
Placentia
N/A
N/A
N/A
ASC/3
Video
No
N/A
BBS
Online
Castner
Placentia
100
100
100
ASC/3
Video
No
N/A
BBS
Online
Del Cerro
Placentia
N/A
N/A
N/A
ASC/3 v
Video
No
N/A
BBS
Online
Yorba Linda Blvd.

Bradford
Placentia
100
90 100
ASC/3
Video
No
N/A
N/A
Online
Kraemer
Placentia
100
90 100
ASC/3
Video
No
COHU
BBS
Online
Palm
P,acentie
100
90 100
ASC/3
Video
No
N/A
BBS
Online
Valencia
Placentia
100
90 100
ASC/3
Loops
No
N/A
N/A
Online
McCormack
Placentia
100
90 100
ASC/3
Loops
No
N/A
N/A
Online
Linda Vista
Placentia
100
90 100
Cobalt
Loops
No
N/A
N/A
Online
Rose
Placentia
100
90 100
ASC/3
Video
No
COHU
BBS
Online
Jefferson/Prospect
Placentia
100
90 100
ASC/3
Loos
No
N/A
N/A
Online
Bastanchury Rd.

Placentia
Placentia
N/A
N/A
N/A
ASC/3
Loops
No
N/A
BBS
Online
Tuffree
Placentia
11C
50 110
ASC/3
Loops
No
N/A
N/A
Online
Kraemer
Placentia
110
100
110
ASC/3
Video
No
COHU
BBS
Online
Brookhaven
Placentia
110
100
110
ASC/3
Loops
No
N/A
BBS
Online
Valencia
Placentia
110
100
110
ASC/3
Video
No
N/A
BBS
Online
McCormack
Placentia
110
50 110
ASC/3
Video
No
N/A
N/A
Online
Alta Vista Street
Central/Sun
Placentia
N/A
N/A
N/A
ASC/80100
Loops
No
BBS
Offline
Dunnavant
Placentia
N/A
N/A
N/A
ASC/2
Video
No
N/A
Offli-e
Jefferson
Placentia
N/A
N/A
N/A
ASC/8000
Loops
No
N/A
Offline
Van Buren
Placentia
N/A
N/.A
N/A
ASC/&300
Loots
N•o
N/A
Offline
Bradford Avenue
Madison
Placentia
N/A
N/A
N/A
ASC/3
Video
No
N/A
Offline
Melrose Street
Crowther
Placentia
N/A
N/A
N/A
ASC/2
Loops
No
N/A
Offline
La Jolla
Placentia
N/.A
N/A
N/A
Cobalt
Video
No
BBS
Offline
Richfield Road
Orchard
Placentia
N/A
N/A
N/A
ASC/3
Video
No
N/A
Offline
Miraloma
Placentia
N/A
N/A
N/A
ASC/3
Video
No
N/A
Offline
Valencia Avenue
Golden
Piacentia
N/A
NIA
N/A
ASC/3
Video
No
BBS
Offline
Shady
Placentia
N/A
N/A
N/A
ASC/8000
Loops
N•o
N/A
Offline
7 SECTION FOUR

TRAFFIC SIGNAL SYNCHRONIZATION SYSTEM AND

THREE-YEAR PLAN
8 3 -YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION
Funding Needs for Synchronized Operation (Constrained)
Reporting Jurisdiction Expenditures: City of Placentia
Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars (Note that sample expenditure categories are included - modify as necessary.)

MAINTENANCE

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Traffic Signal Infrastructure Maintenance
$150,000
$150,000
$150,000
$450,000
Communication Infrastructure Maintenance
$10,000
$10,000
$10,000
$30,000
Subtotal Maintenance
$160,000
$160,000
$160,000
$480,000

CONSTRUCTION

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Malvern/Chapman TSSP
$45,368
$45,368
Imperial Hwy TSSP
$25,000
$25,000
Rose/Tustin TSSP
$103,000
$103,000
Orangethorpe TSSP
$34,172
$34,172
Subtotal Construction
$207,540
$207,540

OPERATIONS

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Timing Development & Fine-tuning
$10,000
$10,000
$10,000
$30,000
Monitoring / Review
$5,000
$5,000
$5,000
$15,000
Subtotal Operations
$15,000
$15,000
$15,000
$45,000
$382,540
$175,000
$175,000
$732,540
9 3 -YEAR OUTLOOK

TRAFFIC SIGNAL SYNCHRONIZATION
Funding Needs for Synchronized Operation (Unconstrained) Reporting Jurisdiction Expenditures: City of Placentia
Type of Traffic Signal Synchronization Expenditures in Year of Expenditure Dollars (Note that sample expenditure categories are included - modify as necessary.)

MAINTENANCE

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Traffic Signal Infrastructure Maintenance
$170,000
$170,000
$170,000
$510,000
Communication Infrastructure Maintenance
$10,000
$10,000
$10,000
$30,000
Subtotal Maintenance
$180,000
$180,000
$180,000
$540,000

CONSTRUCTION

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Rose/Tustin TSSP
$103,000
$50,000
$153,000
Yorba Linda/Weird Canyon TSSP (see next
page)
$150,000
$150,000
Orangethorpe TSSP
$34,172
$34,172
Kraemer Boulevard (see next page)
$100,000
$400,000
$385,000
$885,000
TMC upgrades (see next age
$30,000
$30,000
$30,000
$90,000
Subtotal Construction
$337,540
$480,000
$565,000
$1,382,540

OPERATIONS

PROJECT
FY 23/24
FY 24/25
FY 25/26
TOTAL
Timing Development & Fine-tuning
$20,000
$20,000
$20,000
$60,000
Monitoring / Review
$10,000
$10,000
$10,000
$30,000
Subtotal Operations
$30,000
$30,000
$30,000
$90,000
$547,540
$690,000
$775,000
$2,012,540
10 LSSP IMPLEMENTATION - CANDIDATE SIGNAL

SYNCHORNIZATION PROJECTS WITH ESTIMATED COSTS
Reporting Jurisdiction Expenditures: City of Placentia

CORRIDOR

IMPROVEMENT SUMMARY

ESTIMATED
COST
Yorba Linda
Boulevard
Upgrade timing and replace controllers,
cabinets, detection, install CCTV
cameras, fiber optic lines connected to
City's traffic Management Center
$150,000
Kraemer Boulevard
Upgrade timing and replace controllers,
cabinets, detection, and install CCTV
cameras
$885,000
Traffic Management
Center Upgrades
Centracs Annual Maintenance &
Upgrades
$90,000
Total Estimated Cost
$1,125,000
11 SECTION FIVE

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT

REVIEW AND REVISE, AS MAY BE NECESSARY, THE

TIMING OF TRAFFIC SIGNALS
Significant timing plan updates and projects completed FY 2020/2021 through 2022/2023
(Note: Do not include periodic refinements performed
as part of routine monthly reviews)
12 MEASURE M2 REGIONAL TRAFFIC SIGNAL

SYNCHRONIZATION PERFORMANCE
The City of Placentia's Traffic Signal Synchronization Program has enabled the City to upgrade aging signal infrastructure that otherwise is difficult to fund locally. Participation in regional efforts has been a great benefit to the City of Placentia as synchronization projects have improved traffic circulation and reduced congestion while allowing the City to replace and upgrade outdated and malfunctioning traffic signal system equipment.

Using the TMC, City staff can monitor synchronized corridors from City HaII and remotely modify timing as needed to address traffic needs. The efficiency of timely modifications improves traffic flow and service to the community. The traffic signal synchronization program and recently completed synchronization projects have improved traffic flow throughout the City. Upon completion of the OC Bridges grade separation projects, traffic patterns and flows have stabilized for ongoing evaluation and refinement by the City.

The City's approach to updating timing plans is to review traffic patterns on an annual basis. In combination with citizen comments and/or complaints, the City's Traffic Engineer also reviews timing charts and traffic patterns. The City's Traffic Engineer consults with the City's traffic signal maintenance contractor and decides if traffic timing should be adjusted. Additionally, the City's Traffic Engineer reviews potential for timing changes as part of and following completion of City Capital Improvement Projects.

Since 2011, OCTA has prepared a biannual Corridor Operational Performance Report (COPR) to conduct an evaluation of the corridor operational performance for 770 miles or arterials in the Orange County Synchronization Network. The most recently available COPR is dated 2021, and OCTA has provided a map showing the results of the performance evaluation that is specific to the City of Placentia.
13 • • • • i ` • •
OCTA
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Corridor Synchronization
Performance Index
Ter V - Less than 50
Ter IV-50to60
Tier III 60.01 to 70
Tier II 70.01 to PO
Ter I More than 80
Eligible Corridor
Currently Funded Corridor
3c' -'_e CCTA; Data current as of September _022.
?lease c o: w:h OCTA prior tc CTFP Call fo- Praic s
' El y b* for Fu^ -2 upon xropletion per CTFP (3 :ehne
25 o.r

TRAFFIC SIGNAL SYNCHRONIZATION ASSESSMENT, REVIEW, AND REVISION

LOCAL AGENCY

CORRIDOR
TIMING

REVIEWED
(Past 3 Years)

DID TIMING

REQUIRE
AN UPDATE?
TIMING UPDATE RESULTS (if available)
Speed Travel
Before After
Stops per mile
Before After
Greens per red
Before After
CSPI Score*
Before After
Chapman Avenue
Yes
Yes
Studies not yet available
Orangethorpe Avenue
Yes
Yes
Studies not yet available
Tustin/Rose Avenue
Yes
Yes
Studies not yet available
Yorba Linda Boulevard
Yes
Yes
Studies not yet available, project is about to begin
14 SIGNAL TIMING REVISIONS

PROJECT CORRIDOR

CROSS STREET
CYCLE LENGTH (Before/After)
Kraemer Boulevard
Periodic Reviews conducted. No significant chances needed.

Rose Drive
Periodic Reviews conducted. No sicnificant changes needed.

Bastanchury Road
Periodic Reviews conducted. No significant chances needed.

Yorba Linda Boulevard
Periodic Reviews conducted. No sicnificant chances needed.

Chapman Avenue
Periodic Reviews conducted. No significant changes needed.

Orangethorpe Avenue
Periodic Reviews conducted. No significant changes needed.

Placentia Avenue
Periodic Reviews conducted. No significant changes needed. 15 TO:

Successor Agency
to the Redevelopment Agency of the City of Placentia

AGENDA REPORT

CITY COUNCIL AS SUCCESSOR AGENCY
VIA: CITY ADMINISTRATOR/EXECUTIVE DIRECTOR
FROM: SUCCESSOR AGENCY STAFF
DATE: JUNE 20, 2023
SUBJECT: SUCCESSOR AGENCY STAFFING SUPPORT SERVICES FOR FY 2023-24 FOR

ASSISTANCE WITH SUBMITTING LAST AND FINAL ROPS
FISCAL
IMPACT: EXPENSE: $15,000
BUDGETED: $15,000 Successor Agency Professional Services (547525-6499)
SUMMARY:

Since October 2013, Kosmont Companies (Kosmont) has provided staffing support services to the City for Redevelopment Agency (RDA) dissolution pursuant to Assembly Bill 1484 (AB 1484).

Since that time, Kosmont has assisted the City in fulfilling several requirements associated with AB 1484, including clean-up and submittal of our Recognized Obligation Payment Schedule (ROPS), Successor Agency (SA) administration, Property Management Plan (PMP) completion, Housing Successor Agency (HSA) property disposition list and obtaining a Finding of Completion (FOC) from the State Department of Finance (DOF). The City is requesting staffing support services for determining the procedure or process to submit a Last and Final ROPS to the DOF.

Staff is recommending the City enter into a new agreement with Kosmont to provide SA support services to perform several additional tasks required under AB 1484, including submitting a Last and Final ROPS.

RECOMMENDATION
It is recommended that the City Council, acting in its sole capacity as the Successor Agency to the former Redevelopment Agency of the City of Placentia, take the following actions:

1. Approve the Professional Services Agreement with Kosmont & Associates, Inc. dba Kosmont Companies for an amount not -to -exceed $15,000 for a term ending June 30, 2024; and

2. Authorize the City Administrator to approve a one (1) year contract term extension based on Consultant's performance and at the discretion of the City; and

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

1.I.

June 20, 2023

City Council/Successor Agency Agenda
June 20, 2023

DISCUSSION:

Since October 2013, Kosmont has provided staffing support services to the SA for RDA dissolution pursuant to AB 1484. Since that time, Kosmont has assisted the City in fulfilling several requirements associated with AB 1484, including submittal of our annual ROPS, completion of the PMP, HSA property disposition list, obtaining an FOC from DOF, and reinstating a multi- million -dollar loan from the former RA to the City. In addition, Kosmont has assisted with the State Controller's Office and DOF regarding the SA's Asset Transfer Review and assisted with the distribution of low and moderate -income housing funds in accordance with ABx1 26, AB 1484, and SB 107.

While these accomplishments are noteworthy, additional requirements of AB 1484 remain, including assistance with reviewing prior ROPS schedules and Redevelopment Property Tax Trust Fund (RPTTF) distribution schedules in an effort to prepare recommendations on the inclusion of the Last and Final ROPS obligations, specifically as it relates to former City and SA administrative budget loans and receiving State funds for administrative costs.

At Staff's request, Kosmont has submitted a proposal to provide SA support services needed to fulfill the requirements of AB 1484 and submitting the Last and Final ROPS. Staff is recommending the City enter into a new agreement with Kosmont to provide SA support services to perform the following tasks:
• Task 1: Preparation and Distribution of Annual ROPS 2024-25 • Task 2: Assistance with Preparation of Prior Period Adjustments Form • Task 3: Preparation and Distribution of Last and Final ROPS • Task 4: Assistance with State Controller's Office and Department of Finance • Task 5: Attend Successor Agency and County Oversight Board Meetings as needed • Task 6: Discuss viability of submitting last and final ROPS to the DOF FISCAL IMPACT:

Funds for administrative support services have been budgeted in the SA's budget and are included on the ROPS as an enforceable obligation. The proposed agreement for administrative support services will not exceed $15,000. It is important to note that over the past few years, Kosmont's services has aided the City in securing several million dollars in enforceable obligations that DOF is now recognizing and paying to the City. These support services have ensured that the City continues to receive funds for its enforceable obligations and that the City's properties are adequately positioned for future economic development. For these reasons, Staff is recommending that the City continue to contract with Kosmont for SA administrative support to assist with preparing the Last and Final ROPS. No General Fund dollars will be used for this agreement.

City Council/Successor Agency Agenda
June 20, 2023

Prepared by:

Jeannette Ortega
Assistant to the City Administrator/
Economic Development Manager
Reviewed and approved:

Damien R. Arrula
City Administrator/Executive Director
Reviewed and approved:

Jennifer Lampman
Director of Finance
Attachments:

1. Professional Services Agreement with Kosmont Companies

2. Kosmont Companies Proposal for Successor Agency Services

CITY OF PLACENTIA PROFESSIONAL

SERVICES AGREEMENT WITH

KOSMONT COMPANIES
THIS AGREEMENT is made and entered into this 20th day of June 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and KOSMONT & ASSOCIATES, INC., a California corporation doing business as Kosmont Companies ("Consultant").

WITNESSETH:

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's 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 1

(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 Assicnment. 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.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement 2 ATTACHMENT 1

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 Exhibit "A." Consultant's total compensation shall not exceed Fifteen Thousand Dollars ($15,000.00).

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 timeframe approved by City. The timeframe may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 3 ATTACHMENT 1

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on June 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for one additional one-year term based on the City's discretion and Consultant's performance.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing 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 work and work in progress, to complete and incomplete drawings, and to other documents 4 ATTACHMENT 1

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 11 88, 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.
(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, per occurrence 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. 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 Workers' Compensation or to undertake self-insurance before commencing any of the work.
5 ATTACHMENT 1

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-i nsured 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."
(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, 6 ATTACHMENT 1

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 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 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. 7 ATTACHMENT 1

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:

Kosmont Companies
1601 N. Sepulveda Blvd. #382
Manhattan Beach, CA 90266
Tel: (424) 456-3088
Attn: Larry Kosmont
IF TO CITY:

City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: (714) 993-8171
Attn: Damien R. Arrula

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. Governinc 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, and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized 8 ATTACHMENT 1

subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

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

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

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

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

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, 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 9 ATTACHMENT 1

consent of City. 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, 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. Notwithstanding the above, in no event shall Consultant be required to file Form 700/Statement of Economic Interest with the City and/or the Fair Political Practices Commission as Consultant shall not be making any governmental decisions on behalf of City.

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

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

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the 10 ATTACHMENT 1

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.

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

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

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

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

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

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right 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.
11 ATTACHMENT 1

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

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula,
City Administrator
ATTEST:

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

CONSULTANT
Date:

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

Date:

Christian Bettenhausen,
City Attorney
APPROVED AS TO INSURANCE:

Date:

Rosanna Ramirez,
Risk Management

APPROVED AS
TO CONTENT:

Date:

Project Manager
12 ATTACHMENT 1

EXHIBIT A

CONSULTANT'S PROPOSAL
ATTACHMENT 1
13 EXHIBIT B

CERTIFICATES OF INSURANCE
ATTACHMENT 1
14 A�ORO`'' CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
03/07/2023
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
K T L Business Insurance Services, Inc.
322 8th Street Suite # 101
Del Mar CA 92014
Agency Lic#: CA # OD86601

CONTACT
NAME K T L Business Insurance Services, Inc.

PH E AX
A/CNN . Ext): (858) 350-0555 FAX
No): (858) 350-0556
E-MAIL [email protected]

ADDRESS

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: UNDERWRITERS AT LLOYDS
15792

INSURED
KOSMONT TRANSACTIONS SERVICES, INC.

DBA KOSMONT MUNICIPAL TREASURY CONSULTING
1601 NORTH SEPULVEDA BLVD # 382
MANHATTAN BEACH CA 90266
INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSRD
SUER
WVD

POLICY NUMBER

POLICY EFF

DATE (MM/DD/YY)

POLICY EXP

DATE (MM/DD/YY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

DAMAGE TO RENTED
PREMISES (Ea occurence)
$

CLAIMS MADE OCCUR
MED EXP (Any one person)
$

PERSONAL & ADV INJURY
$
GEN
L AGGREGATE LIMIT APPLIES PER:

PRO-

GENERAL AGGREGATE
$

PRODUCTS-COMP/OP AGG
$
$

AUTOMOBILE
-
-

LIABILITY

ANY AUTO
OWNED
-
_

SCHEDULED
AUTOS

NON -OWNED

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

PROPERTY DAMAGE
(Per accident)
S
-

UMBRELLA LIABI

EXCESS LIAB

OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$

DED RETENTION S
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETORIPARTNER/EXECUTIVE Y/N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) El
It yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
PER

STATUTE
oTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYEE
$
E.L. DISEASE -POLICY LIMIT
$
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PROFESSIONAL LIABILITY
0000-00286379D
05/24/22
05/24/23

AGGREGATE

EACH CLAIM
$2,000,000
$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PROOF OF COVERAGES ONLY

CERTIFICATE HOLDER

CANCELLATION

THE CITY OF PLACENTIA A MUNICIPAL CORPORATION

AND CHARTER CITY
401 EAST CHAPMAN
PLACENTIA, CA 92870
Attention:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

Kevin LevineLic # 0834847
ACORD 25 (2016/03) Certificate # 95022
© 1988-2015 ACORD CORPORATION. All right reserved.

The ACORD name and logo are registered marks of ACORD

kosmon .
companies
since 1986
June 2, 2023
Damien Arrula
City Administrator
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Re: Proposal for Successor Agency Advisory Services
Dear Mr. Arrula:

Kosmont & Associates, Inc. doing business as Kosmont Companies ("Consultant" or "Kosmont") is pleased to present this proposal for successor agency advisory services to the City of Placentia and Successor Agency ("SA") to the former City of Placentia Redevelopment Agency ("Client").

This proposal serves as an Agreement when executed and returned by Client to Kosmont.

I. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.

Task 1: Preparation and Distribution of Annual ROPS
Kosmont will assist in the preparation and distribution of the annual Recognized Obligation Payment Schedule ("ROPS") 24-25 due on February 1, 2024 as required of the SA to be approved by the Oversight Board and distributed to the County Auditor Controller's Office, the DOF and the State Controller's Office, as required, which will also include preparation of staff reports and resolutions for SA and Oversight Board meetings.

Consultant will also work with SA legal counsel and staff to jointly review and assure that the SA meets its legal and procedural obligations under Dissolution law.

Kosmont will also be available to respond to questions raised by SA or Oversight Board members and meetings shall be limited to attendance at (1) Successor Agency Board and (1) Oversight Board meeting (if needed).

Mailing Address: 1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
Kosmont Companies
(424) 297-1070
www.kosmont.com
Physical Address: 2301 Rosecrans Ave, Ste. 4140
El Segundo, CA 90245

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Task 2: Assistance with Preparation of Prior Period Adjustments Form Placentia Successor Agency
SA Advisory Services
June 2, 2023
Kosmont will assist the Client with the preparation of the Prior Period Adjustments (PPA) form and submission to the County Auditor Controller for its review, which is due on October 1, 2023. Kosmont will also be available to respond to questions raised by SA or County Auditor Controller with respect to the form.

Task 3: Preparation and Distribution of Last and Final ROPS Pursuant to HSC section 34191.6 (a), beginning January 1, 2016, agencies that have received a Finding of Completion may submit a Last and Final ROPS if all the following conditions are met:
• The remaining debt is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules including, but not limited to, debt service, loan agreements, and contracts.
• All remaining obligations have been previously listed on the ROPS and approved for payment by Finance pursuant to HSC section 34177 (m) or (o). • The agency is not a party to outstanding/unresolved litigation, except as specified in HSC section 34191.6 (a) (3).

Kosmont will assist in the preparation and distribution of the Last and Final ROPS, which will need to be approved by the Oversight Board and distributed to the County Auditor Controller's Office, the DOF and the State Controller's Office.

Kosmont will also assist with the preparation and review of staff reports and resolutions for SA and Oversight Board meetings (if needed). Kosmont can also be available to respond to questions raised by SA or Oversight Board members and meetings shall be limited to attendance at one (1) Successor Agency Board and one (1) Oversight Board meeting (if needed).

III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement.

IV. COMPENSATION
Compensation for Tasks 1 through 3 is estimated at $15,000 for professional services (hourly) fees at Consultant's billing rates as shown on Attachment A. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.

Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.

Consultant's attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Kosmont Companies
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Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 3 and will be billed at the professional services (hourly) fees as shown on Attachment A.

Services will be invoiced monthly at Consultant's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out- of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out -of -area travel, if any, requires advance funding of flights and hotel accommodations.

Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.

For the convenience of Kosmont's clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:

1. Fill in the "Make a Payment' form when you go to the link (httos://kosmont.paidyet.com), or

2. Call Kosmont Companies' accounting desk (Ms. Reny Sultan; (424) 297-1072) to make a credit card payment
Consultant is prepared to commence work upon receipt of executed Agreement.

DISCLOSURE: Compensation for possible future transaction -based services or brokerage services.

The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.

When assignments involve real estate/property brokerage services, such transaction -based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty ("KR") is licensed by the State of California Department of Real Estate (License# 02058445).

Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value ("BOV") services on a fixed fee basis.

When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board.

Kosmont Companies
(424) 297-1070
www.kosmont.com
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SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.

V. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.

B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.

The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non -appealable and may be entered in any court having jurisdiction.

C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.

D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.

E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.

F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.

G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all Kosmont Companies
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prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.

I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.

J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.

K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.

L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.

M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.

N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.

O. Disclaimer. Consultant's financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety Kosmont Companies
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of factors that could materially affect the data and conclusions. Client's reliance on Consultant's analysis must consider the foregoing.

Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client's understanding and by execution of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.

Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.

P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.

Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide -spread power failures and wide -spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.

R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.

S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.
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(424) 297-1070
www.kosmont.com
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VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.

Read, understood, and agreed to this
Day of 2023
Placentia Successor Agency Kosmont & Associates, Inc.
doing business as "Kosmont Companies"
By: By:
(Signature) (Signature)
Name: Name: Ken K. Hira
(Print Name)
Its: Its: President
(Title)
Kosmont Companies
(424) 297-1070
www.kosmont.com
7I Page

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ATTACHMENT A
Kosmont Companies
2023 Public Agency Fee Schedule
Professional Services
Chairman & CEO
President
Sr. Vice President/Sr. Advisor/Sr. Managing Director
Vice President/Project Advisor
Senior Project Analyst
Project Analyst/Project Research
Assistant Project Analyst/Assistant Project Manager
Project Promotion/Graphics/GIS Mapping Services
Clerical Support
Placentia Successor Agency
SA Advisory Services
June 2, 2023
$445.00/hour
$385.00/hour
$350.00/hour
$225.00/hour
$195.00/hour
$165.00/hour
$125.00/hour
$ 95.00/hour
$ 70.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client's advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant's attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness -Related Appearances Court -related (non -preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4 -hour minimum.

Rates shall remain in effect until December 31, 2023.

Kosmont Companies
(424) 297-1070
www.kosmont.com
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Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JUNE 20, 2023
SUBJECT: AWARD OF CONTRACT WITH WEST COAST ARBORISTS, INC. FOR TREE

MAINTENANCE SERVICES
FISCAL
IMPACT: EXPENSE: $258,830 ANNUAL CONTRACT NOT -TO -EXCEED AMOUNT BUDGETED: $258,830 FISCAL YEAR 2023-24 OPERATING BUDGET (103655-6116 and 173555-6116)
SUMMARY:

A professional services agreement is presented to the City Council for its consideration to enter into a new agreement with West Coast Arborists, Inc. (WCA), to provide Citywide tree trimming services. WCA currently provides these services to the City and the existing agreement will expire in June 2023. Staff solicited competitive bids for a new contract and WCA submitted the lowest bid. WCA has been providing these services to the City under the existing agreement since 2018.

The term of the proposed agreement is for three (3) years with the option to extend the agreement for one (1) additional two (2) year term extension based on contractor performance and at the discretion of the City.

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

1. Approve a Professional Services Agreement with West Coast Arborists, Inc., for tree trimming services in an amount not -to -exceed $258,830 per year, or $776,490 for the initial three (3) year contract term; and

2. Authorize the City Administrator to approve agreement amendments up to ten percent (10%) of the cumulative agreement amount; and

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

1.m.

June 20, 2023

City Council Agenda
June 20, 2023

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

STRATEGIC PLANNING STATEMENT
There is no specific Strategic Planning Goal or Objective related to this agenda item.

DISCUSSION:

In 2018, the City entered into an agreement with West Coast Arborists, Inc., (WCA) for tree trimming services. The term of the agreement was for three (3) years with one (1) potential two (2) year term extension based on contractor performance and at the discretion of the City. The current contract will expire in June 2023. The City utilizes the services of WCA to provide regular tree pruning services for street parkway trees and park trees, as well as on -call services for tree removals, vine trimming twice a year, tree planting, emergency call -outs and arborist services. In addition, WCA manages the City's GIS tree inventory and provides regular updates to the inventory with maintenance history, tree plantings and removals.

On May 4, 2023, the City received four (4) bids from various tree trimming contractors and a summary of those bid amounts are noted in the table below:

Contractor
Bid Amount
West Coast Arborist, Inc.
$258,830
Mariposa Tree Management Inc
$294,810
Great Scott Tree Service Inc
$304,525
SGD Enterprises
$566,650
Staff reviewed the bids received for mathematical and other errors and it was determined that the apparent low bid was submitted by West Coast Arborist, Inc (WCA). Staff conducted a reference check on WCA who received favorable reviews from other clients and they have performed well for the City of Placentia as well. Based on the bid amount received and the reference check, Staff recommends the City Council award a Maintenance Services Agreement to West Coast Arborists Inc., for a not -to -exceed amount of $776,490 for the initial three-year term.

FISCAL IMPACT:

The agreement with West Coast Arborists Inc., is for three (3) years for a cumulative not -to -exceed contract amount of $776,490 with the option to extend for one (1) additional two-year term based upon contractor performance and at the discretion of the City. Funding for these services is included in the proposed Fiscal Year 2023-24 Operating Budget

City Council Agenda
June 20, 2023

Prepared by:
iba CwhiAzts
Joel Cardenas
Public Works Superintendent
Reviewed and approved by:

Jennifer Lampman
Director of Finance
Reviewed and approved by:
(Ais 'sfc
Luis Estevez
Deputy City Administrator
Reviewed and approved by:
7 /0,00ta_ve
Damien R. Arrula
City Administrator
Attachment:

Professional Services Agreement with West Coast Arborists, Inc.

CITY OF PLACENTIA

MAINTENANCE SERVICES AGREEMENT
WITH
WEST COAST ARBORIST, INC.

THIS AGREEMENT is made and entered into this 30TH day of June, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and West Coast Arborist, Inc.., a California corporation ("Consultant").

WITNESSETH:

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

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

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

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and 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 Assicnment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance reqirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 West Coast Arborist, In
Rev. 06/2023

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Two -Hundred Fifty -Eight Thousand, Eight -Hundred and Thirty Dollars ($258,830) per year, or a cumulative amount of Seven -Hundred Seventy -Six Thousand, Four -Hundred and Ninety- Dollars ($776,490) over the initial three-year contract term.

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

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

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

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

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

3.0. TIME OF PERFORMANCE

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

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

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on June 30, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for an additional two-year term based on the City's discretion and contractor performance.

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

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

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

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

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

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

5.0. INSURANCE

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

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

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

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

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

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

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

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

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

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

5.5. Non-limitinq. 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. 6M. GENERAL PROVISIONS

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

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

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

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

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

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

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

IF TO CONSULTANT:

West Coast Arborist Inc.
220 E.Via Burton Street,
Irwindale, CA, 91702
Tel: 714-991-1900
Attn: Patrick Mahoney, President
IF TO CITY:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results 10 West Coast Arborist, Inc.

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

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

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

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

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

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

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

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

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a 11 West Coast Arborist, In'
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continuing waiver.

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

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

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

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

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
12 West Coast Arborist, In,
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CONSULTANT
Date:

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

Date:

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Joel Cardenas, Project Manager
DEPARTMENTAL APPROVAL:

Date:

Luis Estevez, Deputy City Administrator
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EXHIBIT A

CONSULTANT'S PROPOSAL
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•

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORMATION
A. COMPANY INFORMATION
Company Full Legal Name:

West Coast Arborists, Inc.

Business Address:
2200 E. Via Burton, Anaheim, CA 92806
Southem Califomia Address: (if different)
Website Address:
wcainc.com
Length of time firm has been in business:
50 years
Type of business:
(LLC, Partnership, or Corporation)
Corporation
If incorporated,
State of
Incorporation:

Califomia
Taxpayer I.D. No.
95-3250682
DIR Registration Number
1000000956
CSLB Number(s)
366764
Contractor's License Classification(s)
C21, C27, C31, C61 /D49
Project Manager Contact Information
Name
Mario Gonzalez
Phone
714-404-2997
Email
[email protected]
Contract Administrator Information
(insurance and other administrative questions)
Name
Victor Gonzalez
Phone
714-991-1900
Email
[email protected]
BIDDERS STATEMENT:

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

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

Signature
B. REFERENCES
Patrick Mahoney, President
Title
Attachment A

ATTACHMENT A

BIDDER'S STATEMENT AND

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

REFERENCE #1
Agency Name:

City of Fullerton
Contact Name:

David Bishop
Contact Email Address:
[email protected]
Dates of Services Performed/Contract Term:
1998 - Current
Contract Amount
$2,500,000
Contact Phone Number
(714) 620-5869
Brief Description of Scope of Work (i.e., supplies, equipment, services provided):

Annual tree maintenance services such as trimming, removals, planting, Arborist and emergency services throughout the City and Parks as needed.

REFERENCE #2
Agency Name:

City of Brea
Contact Name:

Bill Bowlus
Contact Email Address:
[email protected]
Contact Phone Number.
(714) 990-7694
Dates of Services Perfonned/Contract Term:
1994 - Current
Contract Amount
$340,000
Brief Description of Scope of Work (Le., supples, equipment, services provided):

Annual tree maintenance services such as trimming, removals, planting, Arborist and emergency services throughout the City and Parks as needed.

REFERENCE #3
Agency Name:

City of Anaheim
Contact Name:

Dan Debassio
Contact Email Address:
[email protected]
Dates of Services Perfonned/Contract Term:
2007 - Current
Contract Amount
$3,200,000
Contact Phone Number
(714) 765-6860
Bnef Description of Scope of Work (i.e., supplies, equipment, services provided):

Annual tree maintenance services such as trimming, removals, planting, Arborist and emergency services throughout the Parks, Public Works, and Utility Divisions of the City as needed.

•

ATTACHMENT C

SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.

If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.

In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or's suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid.

Additional sheets may be attached if needed.

Subcontractor Name:

NO SUBCONTRACTORS TO BE USED.

Address:

Portion of Work/Trade:

Bid Amount:

Contractor's License No.

Dir Registration No.:

Subcontractor Name:

Address:

Portion of Work/Trade:

Bid Amount:

Contractor's License No.:

Dir Registration No.:

III. BIDDER'S PROPOSAL FORM

TREE MAINTENNACE SERVICES
ITEM
NO.

ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE
ITEM
COST

1. Grid prune residential parkway
and park trees, all sizes
EA
1,500
$ 64.00
$ 96,000.00

2. Grid prune arterial roadway
trees, all sizes
EA
275
$ 108.00
$ 29,700.00

3. Annual palm tree trimming, all
sizes, all locations
EA
845
$ 64.00
$ 54,080.00

4. Tree and stump removal: 1" —
12" trunk
EA
5 $ 390.00
$ 1,950.00

5. Tree and stump removal: 13" —
25" trunk
EA
5 $ 790.00
$ 3,950.00

6. Tree and stump removal: 26" —
36" trunk
EA
5 $ 1,000.00
$ 5,000.00

7. Tree and stump removal: 37"—
48" trunk
EA
5 $ 1,320.00
$ 6,600.00

8. Tree and stump removal: 49" +
trunk
EA
5 $ 1,320.00
$ 6,600.00

9. Bi-annual Vine block wall
trimming
LF
20,800
$ 2.50
$ 52,000.00

10. Palm Tree Skinning
LF
100
$ 10.00
$ 1,000.00

11. Tree plantin4 — 24" box tree
EA
5 $ 390.00
$ 1,950.00
Grand Total Bid Amount:
$ 258,830.00
Labor Rates
Description
Normal Business Rate
1 Emergency After -Hour Rate
Supervisor
$ 110.00
$ 150.00
Foreman
$ 110.00
; $ 150.00
!
Laborer
$ 110.00
$ 150.00
1 Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
-BID ITEMS TO BE IMPUTED ON-LINE IN PLANET BIDS***
l3{Page

Mayor

WARD L SMITH
Mayor Pm Tem
JEREMY B. YAMAGUCHi
Councibnembers:

KEVIN KIRWIN

RHONDA SHADER
CHAD P. WANKE
City Clerk
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Ad ninisbator

DAMIEN R ARRULA
401 East Chapman Avenue - Placentia, Cakfarnia 92870
April 24, 2023
Subject Addendum No. 1 for Notice Inviting Bid for the Tree Maintenance Services Dear Prospective Bidders:

This letter comprises Addendum No. 1 for the Notice Inviting Bid for the Tree Maintenance Services issued by the City of Placentia on April 19, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

F. CONTRACTOR REQU-skEi'.,ENTS:

In accordance with provisions of Section 3300 of the California Public Contract Code, the AGENCY has determined that the Contractor shall possess a valid California Contractor's License C-27 and a D-49. Failure to possess such license may render the bid non -responsive and bar the award of the contract to that non -responsive Bidder. The successful Contractor and his/her subcontractors will be required to possess business licenses from the AGENCY.

Portions of the bid specifications not specifically mentioned in this Addendum remain in force. Bidder must acknowledge receipt of this Addendum with proposal documents submitted at the due date and time specified above. Failure to do so may subject bidder to disqualification.

Vflcerely,
Project Manager
END OF ADDENDU NO. 1
This addendum must be acknowledged via Planet Bids and should be included with the bid response.

If you have additional questions regarding Addendum No. 1, please contact Joel Cardenas, at (714) 993-8134.

The People are the City
Mary

WARD L SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councitmembe s=

KEVIN KIRWIN

RHONDA SHADER
CHAD P. WANKE
1 1 1 w t:,
City Clerk
ROBERT S. MCKINNELL
401 East Chapman Avenue— Placentia, Caffornia 92870
May 1, 2023
Subject: Addendum No. 2 for Notice Inviting Bids for Tr,: Maintenace Services (Bid No. PW-CY-08)
Dear Prospective Bidders:

This letter comprises Addendum No. 2 for the Notice Inviting Bids for Tree Maintenance Services issued by the City of Placentia on April 19, 2023. Please take note of the items listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:

1. Section I: The contract documents specifications for Section I of the Notice Inviting Bids for Tree Maintenance Services (Bid No. PW-CY-08) has been amended to indude the following changes:

T. FAIR Es'.!PLOYLIENT PRACTICES: As set forth in Labor Code section § 1735, no discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Govemment Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, and Chapter 1.

2. Attachment B — Sample Contract Agreement: Attachment B of the Notice Inviting Bids for Tree Maintenance Services (Bid No. PW-CY-08) has been modified to indude the correct sample agreement required for this bid.

Portions of the bid specifications not specifically mentioned in this Addendum remain in force. Bidder must acknowledge receipt of this Addendum with proposal documents submitted at the due date and time specified above. Failure to do so may subject bidder to disqualification.

Sincerely,
Jo e1Cardenas
Public Works Superintendent

END OF ADDENDUM NO.2
This addendum must be acknowledged via Planet Bid and should be included with the bid response.

If you have additional questions regarding Addendum No. 2, please contact Joel Cardenas, Public Works Superintendent, at plas 'ntil nrp.

■TAT T O■ C A L I P O R N H h

CONTRACTORS
C=1= STATE LICENSE BOARD
DEPARTMENT OF CONSUMER S?Fw t1S

ACTIVE LICENSE
License Number
Business Name
366764
Entity CORP

WEST COAST ARBORISTS INC
Classification(s) C61 /D49 C27 A C21 B C31
Expiration Date 12/31/24
www.cslb.ca.gov

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Department of Industrial Rela ions
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West Coast Arborists, Inc.

WCAINC.COM • (800) 521-3714
LIC #366764 • DIR # 1000000956

West Coast Arborsrs, Inc.

Table of Contents
LETTER OF OFFER 3
4 4
6 10
14 15
22 24
27 COMPANY QUALIFICATIONS
Company Introduction

SCOPE OF SERVICES

COMPANY PERSONNEL

REFERENCES

IMPLEMENTATION, QUALITY CONTROL AND SAFETY

EQUIPMENT

TECHNOLOGY AND INFORMATION

COMMUNITY AND ENVIRONMENT
2 Setting the Gold Standard

Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com May 3, 2023
City of Placentia
Attn: Joel Cardenas, Superintendent
401 East Chapman Avenue
Placentia, CA 92870
RE: NIB No. PW-CY-08 Tree Maintenance Services
Due: Thursday, March 30, 2023 at 10:OOAM
To whom it may concern;
Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for tree mainenance services for the City of Placentia. WCA is a family -owned and operated company employing over 1,100 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. We have reviewed, understand, and agree to the terms and conditions described in this RFP.

We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. Our proposal is valid for a period of 90 calendar days. We hereby acknowledge receiving Addendum No. 1 and No. 2.

WCA's corporate values include listening to customers and employees to help improve services offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and exchanging frequent feedback from customers and employees, we are able to provide °gold standard' tree care services.

WCA's top management team has created a culture where employees become accountable for actions and results. Our Tree Care Industry Association (TCIA) company -wide accreditation is evidence of the commitment WCA has to our safety and training programs, customer satisfaction and our capacity to maintain industry standards.

WCA has a 50 -year track record of working for more than 330 California and Arizona municipalities as well as other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service), Class C27 (Landscaping) and Class C31 (Traffic Control). We currently employ over 90 Certified Arborists and over 150 Certified Tree workers, as recognized by the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. All work will be performed in-house; no subcontractors will be used.

Our employees will operate from our Anaheim Office located at 2200 E. Via Burton, Anaheim, CA 92806. For questions related to this proposal and who has the authority to negotiate/present please contact Victor Gonzalez, V.P. Business Development, at (714) 991-1900 or at [email protected]. Mario Gonzalez, Area Manager, will be assigned to this project should WCA be awarded a contract. He can be reached at (714) 404- 2997 or mariogonzaiezOwcain :.com.

Sincerely,
Patrick Mahone:::'President
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fox 714.956.3745

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers' Union:

LIUNA!
SAM Entity ID: CFJMVMJ9NSD1

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Mario Gonzalez, Area Manager
2200 E. Via Burton
Anaheim, CA 92806
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
i -800-LIMB-DOWL'
Setting the Gold Standard
95+ ISA

COMPANY QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family -owned and operated union company employing over 1,100 full-time employees providing tree maintenance and management services. We are proudly serving over 330
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.

OUR VISION
As a corporate citizen, WCA's responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality, and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer's valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
50 Years Experience
Certified Arborists (Similar Size & Scope)
* 0
Accredited by TCIA Local Office
(Anaheim & Placentia) Equipment (Owned)
1,100+ Qualified
Employees
1600+ Pieces of
4 West Cost Artransts, Inc.

Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers' satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor's License C61/049,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A-+- rated company
• 1,100+ employees
• 330+ contracts with public agencies
• 95+ Certified Arbarists
• 155+ Certified Tree Workers
• Drug -free workplace
• 14,000 sq. ft. company -owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20.000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $140 million annually
• Fleet of approximately 1,600 pieces of equipment

CONTRACTORS
C1Ca STATE LICENSE BOARD

ACTIVE LICENSE
366764
Entity CORP
alss,: rya WEST COAST ARBORISTS iNC
N-21aast C61/D49 C27 A C21 B C ,1
wwwcsib.c.gov L_
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities I
-Orange County (ACCOC)
Maintenance Superintendents Association (NASA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
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5 Setting the Gold Standard .1 .1t

west coast Arborisls, Mc.

SCO. OF SERVICES
Grid Tree Pruning
Grid tree pruning is based on pruning in pre -designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large -sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.

Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City's Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.

Pruning to reduce the tree's crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City's primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree's life will save money in the future, and create a safer, more beautiful, healthy, easy -to -maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre -conditioning the water retention basin built around the tree • Staking or re -staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
6 Setting the Gold Standard

VsC
West Coast Arbofasts, Inc.

Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.

Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.

Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City's specifications. We are prepared financially and logistically to acquire and purchase selected tree species for free planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well -trained planting team will perform the soil preparation and installation of the free.

Tree Watering (Optional)
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs.

Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866 -LIMB -DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree -related condition safe until the following workday. 7 Setting the Gold Standard

West Coast Arborats, Inc.

Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case -by -case basis.

WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.

Plant Health Care
Tim Crothers, Plant Health Care Manager
• ISA Board Certified Master Arborist WE -7655 BUM
DPR Qualified Pest Control Applicator #145321
• QAL Category B & D
Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on -site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest
8 Setting the Gold Standard

West Coast Arborists, b c
Shot Hole Borer
They Polyphagous Shot Hole Borer (PSHB) is a new pest in Southern California. This boring beetle drills into trees and brings with it a pathogenic fungus (Fusarium euwallacea), as well as other fungal species. When heavily infested, the resulting Fusarium causes the decline and death of trees. Over 120 different tree species are affected in Southem California and over 30 reproductive hosts are of high concern. As tree care professionals, we have a responsibility to understand and report when we see a tree we are working on infested with PSHB.

Ability To Acquire, Purchase & Stage Trees
Cities expect the highest quality of new trees, proven varieties and an organization with the knowledge and skills to provide them with the latest and most reliable information available related to tree planting. By meeting these expectations, we're able to contribute to the success of reforestation projects within communities. In order to complete successful tree planting programs, cities can rely on us to locate, acquire and purchase different tree species.

As pad of our Corporate Capability, we are financially able to purchase large quantities of trees for planting projects. Being familiar with over 50 nurseries in California, allows us to obtain the best tree available from a broad and plentiful stock. The process by which we obtain trees is quite simple: First, we utilize our database of nurseries, and contact several of them requesting specific trees with their prices.

Upon locating the availability of
trees, we then perform a tree pre -
inspection at the nursery. When time
is of the essence, nurseries will
provide us with photos either by mail
or by e-mail for our review. Once the
trees are purchased, and
depending on the size of the
project, we have them delivered to
our facility in Placentia, Brea, or if
possible, at a staging area within the City of Agency. It is through this process that we have planted an average of 15,000 trees for all of our customers each year during the past three years.

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9 Setting the Gold Standard

West Coast Arborists, Inc.

COMPANY PERSONNEL
Introduction
West Coast Arborist's (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering and forestry.

Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.

Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for "Tree Maintenance (Laborer)." Certification
WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company's commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.

Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria -based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified.
10 Setting the Gold Standard

West Coast Arborists, Inc
Meet the Team: Project Team
Organizational Structure
Regional
Manager
Area
Manager
Area Customer
Supervisor Service Rep
NICK ALAGO Regional Manager/V.P.

Mr. Alago has been with WCA since 1999. He has nearly 35 years' experience in the arboriculture field. He started with WCA as a Foreman and was continuously promoted, reaching the status of Area Manager. For over 10 years, he excelled as an Area Manager for the Inland Empire and was promoted in 2020 to Regional Manager. As a Regional Manager for the Los Angeles and Inland Empire areas, he oversees the operations and provides support 10 the Area Managers. His extensive knowledge of the urban forest is a columniation of experience and continued education as well as certification that is offered in the industry.
• ISA Certified Arborist Utility Specialist #WE-4396AU
• TCIA Certified Treecare Safety Professional #250
• ISA Tree Risk Assessment Qualified
• TLC Wildlife Area
MARIO GONZALEZ Area Manager
Mario has over 10 years° experience in the tree care industry and started with WCA in 2020 as a Supervisor. He has achieved necessary certifications and completes continued education units to maintain his credentials. As an Area Manager, he will be the Agency's main point of contact as he is responsible for providing customer service, estimating work, while managing filed operations and crews throughout the North Orange County region.
• ISA Certified Arborist #WE -13119A
• ISA Tree Risk Assessment Qualified
• TCIA Certified Tree Care Safety Professional #3840 & EHAP Certified TLC Wildlife Aware

JUAN MARQUEZ
Project Supervisor
Mr. Marquez began working with WCA in 1995. Over the last 25 years he has gained valuable experience and education while working his way up to his current position. He currently supervises employees throughout North Orange County. Responsibilities of the Project Supervisor includes assisting the Area Manager in scheduling, overseeing the crew's daily activities, employee training prograrns and ensuring proper safely procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site. • ISA Certified Tree Worker Climber #WE -10987T
• TCIA Certified Treecare Safety Professional #143
• ATSSA Traffic Control Techician #228625
11 Setting the Gold Standard

west Coast Athonsts, Inc
Meet the Team: Support Staff
Alk
VANESSA GONZALEZ Customer Service Rep.

Vanessa joined WCA in 2022 as a Customer Service Clerk. Affer spending time in this role, she was promoted to Customer Service Rep for our North OC region. As the CSR (Customer Service Representative), Valerie is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and our clients as well as the general public. Vanessa is responsible for responding to customer service inquires and facilitating contracting functions, such cis: mapping, underground service alert, data entry, field book preparation, list preparation, etc.

ANDREW PINEDA GIS Analyst
Andrew Pineda has been with WCA since 2018. As WCA's GIS Analyst, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data.
• ISA Certified Arborist #WE -12738A
• FAA UAS Part 107 Remote Pilot
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
TIM CROTHERS Plant Health Care Manager
WCA's PHC program is managed in-house; no subcontracting is used. Our staff is trained and licensed by the CA Dept. of Pesticide Regulation. Mr. Crothers has been with WCA since 2012 and oversees our in-house Qualified Applicators (QAL) and Pest Control Advisors (PCA). Our program goes beyond standard chemical applications as Tim has helped WCA develop an efficient Integrated Pest Management program as well. Inspection, diagnosis and treatments are available as needed.
• ISA Board Certified Master Arborist #WE-7655BUM
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
12 Setting the Gold Standard

West Coast Arborists, Inc.
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LiUNA!
WCA has forged a successful partnership with the Laborer's International Union of North America.

HIGHER

STANDARDS

EXEMPLARY

TRAINING
is
is

SUPERIOR

EMPLOYEES
(IRill II I)
Itlt l surki
(tRIIIIII)

ARBORISI
rr/rall
ISA
TCI A Certified ISA Municipal
Treecare Safety Specialists
Professionals
asc2 RCf'_

CALIFORNIA DEPARTMENT

OF PESTICIDE REGULATION
WCA has 95 staff members certified
through the Wildlife Aware and
Wildlife Training Institute.
000
Advisor Lppficators Certified
MASH It
ARIUikI' I

ISA CERTIFIED
ISA Board CertMed Mader Arborisls
Michael Palat #WE -654 BUM
Kelley Gllleran #WE -7061 B
Tim Crothers #WE -7655 BUM
Joseph Bartolo #WE -2034 BU
Eugene Bordson #WE-10777BT
0 0 • •
Nursery in Information Fleet
Placentia & Technology Mechanics
Dedicated Specialists
Manager
3 ASCA Consulting Arborists
Tim Crothers RCA #721
Kelley Gieran RCA #668
Leo Tuchman RCA #771
Uni ue Capabilities
Plant Health Care
Operators
WCA has developed an exc. ;Dlary Plant Health
Care Program that goes beyond standard chemical
applications. We maintain in-house State Certified
Pesticide Advisors and Applicators.

Wildlife Protection
WCA's VP of Field Operations is a key contributor in
identifying and developing the first ever Best
Management Practices guidelines for Tree Care for
Birds and Other Wildlife.
13 Setting the Gold Standard

West Coast Arborists, Inc.

West Coast Arborists understands the challenge that rnany cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community.

These contracts cover a range of services from providing emergency response to maintaining the Agency's entire urban forest.

CITY OF FULLERTON Since 1998

CITY OF BREA
BREA
As part of the tree care service. WCA updates the City's own tree inventory. As part of this program, we collect and provide to the City an automated record of the work completed and submit it to the City for updates. Together we are able to prune trees more efficiently, while the City is able to maintain accurate work records and monitor predictable tree trimming schedules and guarantee the residents and businesses top quality tree care.

Contact: David Bishop, Landscape Supervisor
303 W. Commonwealth Avenue, Fullerton, CA 92633 -- (714) 620-5869 - dnvici b hnrnlritVor
ANNUAL BUDGET: $2,300,000
SINCE 1994
We currently perform tree pruning, tree removals and tree planting as part of the City's free maintenance program. This project is an annual contract. Together, we are able to maintain trees more efficiently while guaranteeing the residents and businesses top quality free care for the City's urban forest.

Contact: Bill Bowlus, Inspector
545 N. Berry Street, Brea, CA 92821 - (714) 990-7694 -
.,'eo.c:a.us
ANNUAL BUDGET: $340,000
CITY OF ANAHEIM Since 2007
The City of Anaheim maintains their large tree population of 102,014 by utilizing the Call Management feature on ArborAccess, our inventory and management system. Since they began utilizing this feature there has been 12,329 call records were input alone.

WCA provides complete urban forest management for both the Public Works and Utility divisions of the City.

Contact: Dan Debassio, PW Superintendent
1426 East Vermont, Anaheim, CA 92805 - (714) 765-6860 - [email protected] ANNUAL BUDGET: $3,200,000
CITY OF HUNTINGTON BEACH SINCE 1995
We provide complete urban forestry management for more than 60,000 trees, including tree pruning, removals, planting, and emergency services. In an effort to maintain a sustainable urban forest, we also provide inventory updates to the City's own inventory database. WCA crews have carefully maintained the trees in landmark locations including the HB Pier and Main Street.

Contact Greg Peters, Tree Supervisor
17371 Gothard St., Huntington Beach, CA 926-47 - (714) 536-5480 [email protected]
ANNUAL BUDGET: $1,500,000
14 Setting the Gold Standard

West Coast Arborists, Inc.

IMPLEMENTATION, QUALITY CONTROL AND SAFETY
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Mario Gonzalez
ISA Certification #: WE -13119A
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency's specifications.

The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications Maintain open communication
15 Setting the Gold Standard
%dab&

West Coast Arborists, Inc.

Scheduling of Work
The Area Manager is responsible for scheduling work which shall conform to the Agency's schedule of performance. We
recommend equal distribution of work throughout the coure of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience.

Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business License as necessary and any "no -fee" permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency.

Right -of -Way
All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations.

Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority.
16 Setting the Gold Standard

REMOVAL FLOWCHART
West Coast Arborists, Inc.

Workflow Timelines

GRID PRUNING FLOWCHART
Work request received
from Customer
Foreman posts
public notices
Customer marks trees for
USA & notifies resident

PLANTING FLOWCHART
(Within 15 -day Completion)
Area Manager schedules
work, informs the Agency &
gives work order to Foreman
Work request received
from Customer
CSR creates a work order &
gives to Area Manager
Work request
received from Customer
CSR prepares work
order i orders free(a) from
Nursery Manager
(Within 30 -day Completion)
Area Manager schedules the
work & informs the Agency
Foreman completes
work order & Inventory;
then submits to office
Work order is given
to the Foreman
CSR closes work order,
Billing Department
prepares invoice
(Within 15 -day Completi n)
CSR creates work order &
contacts USA 48 hours in
advance of work
Foreman completes work
order & Inventory;
then submits to office
CSR gives work order to
Area Manager to schedule
work & Inform the Agency
Work order is given
to the Area Manager
CSR closes work order;
Billing Department
prepares Invoice
Work order Is given
to the Foreman
Crew performs work
& hangs tree care
door hanger

EMERGENCY FLOWCI
Emergency request received
from Customer
Crew sends nottitcation &
photos to Agency i Supervisor
that work is complete
Foreman completes
work order s Inventory;
then turns in
On-CoN Supervisor
dispatches Emergency Crew
B applicable, crew'
return to site next day to
complete work

PLANT HEALTH CARE FLOWCHART
PHC AdvisorlApptcator posts
pubic notices
(as needed)
Setting the Gold Standard
CSR creates a work coder &
gives to Area Manager
PHC Advisor/Applicator
performs work
CSR closes work order;
Billing Department
prepares invoice
BEng Deportment
processes &
ores
(Within 1-3 hour Response / 24 -hour Completion)
Supervisor creates
work order a. sends
to foreman
"Foreman `comp ete
work order E invent • -
then turns in
Area Manager schedules the
work & Informs the City
PHC Advisor/Applicator
completes work order &
inventory; then turns in
Crew performs necessary
work to ensure safety
WON -order;
Billing Department
prepares Invoice
Work order is given to the
PHC Advisor/Applicator
CSR closes work order, liming
Dept_ prepares Invoice
17 West Coast Arhorists, Inc.

Emergency Contacts
In case of emergency AFTER
normal business hours:
866.546.2369
Leave a message, if you do not
receive a call back within 10 minutes,
call the following contacts in order:

Armando Soto, Foreman
714.206.0602
Juan Marquez, Supervisor
926.255.7291
Mario Gonzalez, Area Manager
714.981.3564
AFTER confirmation from on -call
Manager, you can email multiple
locations to:

[email protected]
Normal Business Hours
714.991-1900
Setting the Gold Standard
Sample Planting Door Hanger
HELP
ME GROW!
once (I) per week
during cod
months
change or adjust
the stakes
x
adjust the water
basin or mulch
placed arouno
the ',co
800 521.3714
twice (2) per ,veeg
curing worm
months
rWi ft
of weeds and
other plants.

TREE CARE PROFESSIONALS
18 West Coast Arborists, inc.

Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments.

Every month, a summary of the feedback is then reviewed by the management team.

Customer Service Department
As we work with, or near, the public,
we are mindful that we will most likely
be the first person the public contacts.

We have a full-time Customer Service
Department with each Customer
Service Representative (CSR) trained
in addressing concerned residents
and bystanders.

Complaints & Damage
Resolution
Should there be any property
damage, we adhere fo specific
procedures fo resolve the problem.

The Foreman on the job site will notify
the resident and the inspector immediately.

T.

Cc
Smii•at
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AI,tI,.SLY, SSe MA
M,nc Wane P,d. Ga.W Pw r:
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AL, tluN rW Iw Isre..eal ✓ra•a a x. u.r. Iw,u Iw o4I+ II+ Iumuar real -tart saw rou ,ea.,.owco,.daa..,r. .tae,.«.,.,su„
• wt.ty, •b,at+.xsN wart l.......ou. Imo .v.1 e„I eve dmze par teamne.u.e-km. nr-zurs, w.rrw
0/OM= Olefia
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If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the properly in fhe same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private properly including plans for corrective measures to take place within 48 hours.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair.

We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations of all times. The work will be conducted in a manner which will cause the least disturbance.
19 Setting the Gold Standard

West Coast Arborists, Inc.

Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal -OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state -of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal -OSHA have recognized us repeatedly for out- standing safety training efforts.

We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA's Training Manager, Dane is responsible for staying up-to-date on all free -related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full -circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE -12014A • ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor Our line of work demands
that all work is performed
in a manner that provides
the maximum safety to the
general public as well as
our employees.

Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services). 20 Setting the Gold Standard

SAFER SAABS SAVE LIVES
West Coast Arborists, Inc_
Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training.

Our Training and Safety team members are tasked with
completing field evaluations of crews and members are on - site to coach and train employees on safe practices.

Employees receive performance evaluations at 90 days, 6 months, then annually (or as -needed) after their first year. All employees are provided copies of WCA's Injury & Illness Prevention Program.

Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

WCA is dedicated to
health and safety for
trees, employees,
and the community.
21 Setting the Gold Standard

West Coast Arborists, Inc.

EQUIPMENT
Our modern fleet undergoes daily inspection prior to
use to ensure efficiency and safety. All equipment is
routinely serviced, painted, and detailed- All
equipment used during the duration of this project
will meet state and federal safety requirements and
have all up-to-date certifications, as required.

CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our vehicles operate safely.

Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS
units on all vehicles and equipment. This investment has given us and our customers the following benefits:

Equipment list Summary
389
358
18 224
45 32
48 24
67 96
t
2 54
3 4
t
159
6 8
9 Modern fleet
consisting of
1600+
Pick Up Trucks
Aeries Lin Devices
95` -Aerial Devices
Dump Trucks
Flat Beds
l=ie td Service vice Trucks
Arrowboards
ATVs
Stump Grinders
Loaders
Rubber Track Loader
Root Pruners
Roll oft Trucks
Saw Mill
Loa Skidder
Back Hoes
Brush Chippers
Cranes
Toyota Prius
Toyota Yaris
Ford CMAX
4 Provide faster response times and more efficient routing allowing us to service more customers Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs
Decrease fuel use by monitoring fleet fuel economy and
saving on unnecessary fuel expenditures
Reduce emissions by helping drivers improve their habits such as speed and idle time, and reducing total miles
driven which will significantly reduce harmful
greenhouse gas emissions
Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so that we can service more customers, faster
Recover stolen vehicles reducing liability costs which
can be passed on to customers
RSMAr-ptv
CA 92831
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1701-1743 full r[:m &. k D,
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re
22 Setting the Gold Standard

West Coast Arborists, Inc.

IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,600 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over 50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City's needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint.

Through our ability to
dedicate specific
pieces of equipment for
this project, we believe
it will lead to a
successful program.
23 Setting the Gold Standard
ea Nye*,

West Coast Arborists, Inc.

TECHNOLOGY AND INFORMATION
AIPBOP
West Coast
Arborists has
completed
300+
GPS tree
inventories.

ArborAccess
Our tree managernent program sets us apart from
other companies. With nearly 2,000 active users,
ArborAccess and our mobile app will help you easily
manage your urban forest with ease and
convenience. Tree site attributes include location
(utilizing GPS coordinates), species 'type, and
parkway size. Features allow you to view and edit
work history records and create work orders directly
from the field, all from our secure cloud.

The information contained in ArborAccess is live
data that can also be linked directly to a GIS
program, such as ArcView, for geo-coding purposes
and can assist your Agency in meeting GASB34
requirements. ArborAccess provides an unlimited
resource of information regarding your urban forest.

ArborAccess Features
Ease of use
Create work orders
View tree site details
View work history
View invoices
Mobile app
live data
GIS/GPS mapping
Software Training
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on -site at the customer's discretion. On -site training is proven to be effective as it provides a guided hands-on experience.

We offer periodic tree maintenance and management workshops each year.

These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round -table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.

Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU's) from the International Society of Arboriculture.

The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection.
list Tracking System
The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered.
24 Setting the Gold Standard

West Coast Artie, ists, Inc.

Billing
WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job.

Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess.

Sample Management Tools:

Detailed Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess'
built-in quality control features assist
in data accuracy. As maintenance
is performed, the work history is
updated and accompanied with
bi-weekly invoices. This process
eliminates the need for dual -
inputting and helps keep the tree
inventory current and accurate.

Maintenance Records
Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed. 25 Setting the Gold Standard

West Coast Araoyists, inc.

Sample: Species Frequency Report
The Species Frequency report can assist your
Agency in identifying the tree population within
the urban forest. This type of information is
valuable in the event of an insect infestation,
deadly disease, or even estimating future
maintenance costs. In addition, an analysis can
be performed to evaluate the history of the
performance of a particular species within your
Agency.

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14.330
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Detailed Reporting Options
Inventory
View Invoices
Work History
Work Type by District
District Frequency
Species Frequency (sample above)
Job Balances
Green Waste
DBH Frequency
Height Frequency
All Tees at an Address
Estimated Tree Value
WCA helps agencies
understand and
manage their canopy
by sharing inventories,
insight, and data.
26 Setting the Gold Standard

West Coast Arborists, Inc.

COMMUNITY AND ENVIRONMENT
Wildlife Protection
We have a full-time Biologist, Lisseffe Rios, on
staff whose responsibilities include writing
reports, pre -work bird assessments, and training
crews on current bird nesting laws as well as
BMPs for tree maintenance. The protection of
birds, especially during nesting season, is critical
to providing responsible tree maintenance and
her experience, training and skilled eye have
proven to be a great asset to our team. Our
safety and training department has committed
to working with wildlife preservation associations
and played a key role in the establishment of
the Tree Care for Birds and Other Wildlife BMP
that is used in the tree care industry.

Green Waste
WCA's commitment to be a socially responsible corporate partner to our customers and communities is exemplified in our Recycling Program. With the steadily increasing concern for the ecological health of our communities, WCA has embarked on a landfill diversion process where all material is taken to recycling facilities where it is used in the production of soil amendments. We are committed to taking all recyclable materials removed from the trees trimmed for the duration of this project to a recycling center for processing. Verification of amounts recycled will be obtained and reported by WCA via ArborAccess for the purpose of meeting the goals of the State for reducing landfill usage.

MULCH is made from coarse ground branches and leaves. li' should be spread on the ground at a rate of six to twelve inches for best effect. Fresh mulch will deplete nitrogen from the surface of the soil which will reduce unwanted weeds. Once the mulch has decayed, it returns nitrogen which helps build the quality of soil for plants. A large amount of tree debris is processed by WCA and used in large scale mulching projects for establishing native plants in open space areas.

COMPOST is made from fine ground branches, leaves or other organic material. When mixed with oxygen and water, the organic material will decay or "compost." A finished compost is excellent for fuming into the top layer of soil and will add nitrogen and increase the water holding capacity of soil. You can make compost at home in a pile in your yard or in a bin that you make or purchase. Large scale composting is done at regional recycling facilities.

FIREWOOD is traditionally the most common use of large branches and logs. Firewood is used to heat homes during winter months. WCA takes logs to our yard, and these are then chopped info usable firewood.
27 Setting the Gold Standard

West Coast Arborists, Inc.

Street Tree Revival
STREET TREE REVIVAL, our wood recycling program has
become an important component of our approach to
urban forest management. 25 years ago, we started our
urban wood recycling program in collaboration with the
California Department of Forestry and Fire Protection (CDF).

Since a number of trees require removal, it was important to create an environmentally sound and socially responsible alternative to importing lumber from other areas and to reduce the demand of trees from natural forests.

All trees have a life cycle, so we are making every effort to save the trees we can from ending up in landfills. When trees need to be removed from the Urban Forest, we preserve their natural beauty and also limit carbon emissions by salvaging trees lost during storms, disease, or normal senescence and recycling this wood into usable raw lumber. 28 Setting the Gold Standard

West Coast Arborists, Inc.

Arbor Day Advocates
WCA participates in over 100 Arbor Day and other community events annually by providing educational presentations, tree plantings and sponsorships. As a community partner, we understand the importance of teaching youth about the benefits of trees not only to better our environment but to ensure our urban forests are maintained for years to come.

Grant Services
Cities can improve the management of their urban
forest through a grant project. Our grant team is
experienced in partnering with various agencies to
obtain funding for activities that help their urban
forest thrive.

We've managed over $9,000,000 in grants to date.

These grants, completed and new, will result in
14,100 more frees planted.

Services include:
• Grant writing
• Application review
• Greenhouse gas calculations
• Partnership development
• Volunteer training
• Community events
• Project management
• Project reporting
• Development of education/outreach material
• Match tracking
• Media & outreach
• Canvassing logistics
• Volunteer training
• Urban Forestry community workshops
29 Setting the Gold Standard

West Coast Amorists, inc.

Community Involvement
WCA participates in Arbor Day and other community events annually by providing educational presentations, tree plantings and sponsorships. As a community partner, we understand the importance of teaching youth about the benefits of trees not only to better our environment but to ensure our urban forests are maintained for years to come. WCA has a designated "Grants Team" to work with agencies to obtain grants for tree planting and growing the urban forest. r %'artnering with the Arizona
• Sustainability Alliance to engage
K-12 educators in urban forestry.

Community Campaigns
WCA has partnered with Invest From the Ground Up and the Western Chapter International Society of Arboriculture to plant trees across California under their newest initiative - Cool Parks.

With a generous grant from CAL FIRE, the Cool Parks team is working alongside partner cities and nonprofits to bring 2500 trees to California's disadvantaged and low-income communities, organize a CA Tree Team workshop, and engage residents to team and care about the trees in their city.

Prior to the "Cool Parks" campaign, WCA participated in the CIRCLE (California Initiative to Reduce Carbon and Limit Emissions) campaign since its launch in October of 2016. Each round of tree planting events has provided thousands of trees to communities across California. The trees planted have the potential to sequester millions of pounds of OO2.

These events are valuable to California communities by generating thousands of volunteers, improving air quality, and educating the local community about proper tree planting techniques.

Together, we can grow the urban forest for a more sustainable future.

PARKS
from the CAI
grounc up UfC
133211111
Calming Trics Make Creet Ne,Ahl..rd jt
30 Setting the Gold Standard

'4� ``a® CERTIFICATE OF LIABILITY INSURANCE
DATE(MMfDD1YYYY)
061;102072
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
IIMPLIRTAA:T: If the con .dtL ate holder Is an ADDITONAL INSURED, the policy(les) must have ADDJIIONAL INSURED provisions or bo 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 endorsernent(s)_

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 wi l shi re Boulevard
Suite 2600 '
Los Angeles CA 90017-0460 USA

CONTACT
NAIVE:

MORE
( �; (866) 283-7122 FAx;NC (800) 363-0105
! ;Nt. No.l

E-ITAJL

ENSURER(S) AFFORDING COVERAGE
NAIC,

INSURED
west Coast Arborists, Inc.
2200E Via Burton
Anaheim CA 92806 USA
INSURER Az Navigators Specialty Insurance Company 36056 NSURER8, Starr Indemnity & Liability Company
38318
NSLxtSTc Starr Specialty Insurance Company
16109
INSURER D:

INSURER E
INSURER F:

COVERAGES

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` 1NSR
IIR

TYPE OFNSINANCE
ADO_
INSO
SUBR
WW1

POLICY KHMER

POLICY FTF POLICY FXP
.12WULYYYYI (WU
LIMITS
e
X
COI�UILGEKERALUA55JTr
1000100141221
07/01/2022
07/01/or 2023
EACH OCCURRENcE
$2,000,000
DAMAGE 70 RF.NTFD
$1,000,000

CLAIMS -MADE
X
OCCUR
PREMISES ra xampy°.

MED EXP (My ono person)
$5,000,

PERSONAL& ADV INJURY
$2,000,000
GEHL

AGGREGATE
mum(
OTHER
LLdrAPPIJES PER
x I LOC
JECT

GENERALAGGREGATE
$4,000,000

PRODUCTS -COIPIDPAGG
54,000,000(
9 AI/TOYOBRELIABILITY
X

ANY AUTO

OWNED SCHEDULED
__I

NON -OWNED

AUTOS ONLY
1000198198221
07/01/2022
07/01/2023

COMBINED SINGLE MOT
(B• a:'- r rl l
$2,000,000
ILOOILV INJURY ( Per pawn)
BODILY INJURY (Per a¢ideIt)
PROPERTY nALrArF

PROPERTY
(Per arcelentl
A
X
,ION3RE,ALIAR

EXCESS LIAB
x
'-
o cuH
CLAIM" `.•r'"
S E2 2 EXCZO$ 9NKIC
07/01/2022
07/01/2023
a cioccuRRENCE
$5,000,000

AGGREGATE
55,000,000
'

DED RETENTION
C
WORKERS COBLENSAT10N ANO

EMPLOYERS' LIABILITY
My PROPRIETOR/ PARTNER k7ECUrwE
OFFICE7tAEMBER EITCLRm®T
pr,d,earyk,IN)
YIN
M
NIA
1000004228
workers Comp CA
SIR applies per policy terms
07/01/2022
07/01/2023
x PER STATUTE OTH
& condi
tions

EL EACHACNIOENT
$1,000,000

ELDSEASE-PA EMPLOYEE
$1,000,000
n er
SPwVfONibeOF OFOPERATIONS below

EL DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS I VENCLES (ACORD 101, Add/Heal Remmea Sda,duk, „ary be ensiled IT,eora speak required)

CERTIFICATE NUMBER
570094282316
REVISION NUMBER:

CERTIFICATE HOLDER

CANCELLATION
Holder IdentlfTer :
670094262316
Certificate No :

West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
SHOULD ANY OF THE ABOVE DE -SCREED POLICIES BE CANCELLED SPORE 711E EXPIATION DATE THEREOF, NOTICE WILL BE DELIVERED N ACrA4HuNcE WITH THE POUCe PROVISIONS.

AUTHOR® REPRESENTATIVE
S .024 f, cJxdei4a e Yet, s' Jed WA
ACORD 25 (2016103)
01988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

©
A4CoRO CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
46,27/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER
Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA

CONTACT
NAME:

PHONE (866) 283-7122 FAX (800) 363-0105
(AIC. No. Ext): (NC. No.):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #

INSURED
West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
INSURER A: Starr Indemnity & Liability Company
38318
INSURER B: Starr specialty Insurance Company
16109
INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES

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
SUER
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
1000100141221
07/01/2022
07/01/2023

EACH OCCURRENCE
$2,000,000

CLAIMS -MADE X OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)
$5,000

PERSONAL & ADV INJURY
$2,000,000
GEN'L

AGGREGATE
POLICY
OTHER:

X
LIMIT APPLIES PER:

PRO LOC
JECT

GENERAL AGGREGATE
$4,000,000

PRODUCTS - COMP/OPAGG
$4,000,000
A

AUTOMOBILE
X
—

LIABILITY

ANY AUTO
OWNED
_
S

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
1000198198221
07/01/2022
07/01/2023

COMBINED SINGLE LIMIT
(Ea accident)
$2,000,000
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE

AGGREGATE

DED RETENTION
B

WORKERS COMPENSATION AND

EMPLOYERS'LIABILITY

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes. describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N/A
1000004228
workers Comp CA
SIR applies per policy terns
07/01/2022
& condi
07/01/2023
:ions
x

PER STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) The city of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of the City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers in accordance with the policy provisions of the Workers Compensation policy.

CERTIFICATE NUMBER: 570094094004
REVISION NUMBER:

CERTIFICATE HOLDER
City of Placentia
Attn: City Administrator
401 E. Chapman
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
,/
(y/n `�i-/� `
}�//
� O ��,�e_�+X

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

The ACORD name and logo are registered marks of ACORD
Holder Identifier : ABHDO$
am

6.0 igg

AGENCY CUSTOMER ID: 570000083713
LOC #:

ACO

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

NAMED INSURED
West Coast Arborists, Inc.

POLICY NUMBER
See Certificate Number: 570094094004

CARRIER
See Certificate Number: 570094094004

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
SUER
WVD

POLICY NUMBER
POLICY

EFFECTIVF,
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

WORKERS COMPENSATION
A
N/A
1000004229
Workers Comp AZ
SIR applies per policy terms
07/01/2022
& conditions
07/01/2023
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/01/2022
CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

The City of Placentia, its elected and appointed boards, officers officials, agents, employees and volunteers Attn: City Administrator
401 E Chapman
Placentia, CA 92870
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".

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

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

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 12 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 1

POLICY NUMBER: 1000100141221
Effective: 07/01/2022

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

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Locations Operations
Location(s) Of Covered
Where Required By Written Contract
Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

1. Your acts or omissions; or

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

However:

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

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

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

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

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

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

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

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

1. Required by the contract or agreement; or

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

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

CG 20 10 04 13 © Insurance Services Office, Inc., 2012