Agenda packet — Placentia City Council, July 11, 2023 (part 2 of 4)

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Proposal For:

Joel Cardenas
Proposal No:

Company:

City of Placentia Public Works
Phone:

Email Address:

[email protected]
Fax:

Project:

Placentia Fire Station 1 & 2
Date:
4/11/2023
Project Address:

City of Placentia, CA
Note; Assumed to be re ularbusiness b rs.
e hours.
& limits of work.
of curbs.

FAX (310)32ti-!n71;
Scope of Work: Coatine Repair approximately 1.600 SQF:

Fire Station 1: 3,200 SQF
• Demo/Remove
• Furnish
• Furnish
• Furnish
• Furnish
• Remove
• 30 Year
Price: $108,424.00
all existing Built Up Roofing per Tremco Drawings
& Install new crickets at drain points & on high side
& Install 'A" cover board mechanically attached.
& Install Tremply Kee 60Mi1 mechanically attached.
& Install Clad metal at scuppers.
& Re -use coping.

Manufacturer warranty
I!NP27S1IAMii:LUNAsr,,GAKumn,CA 902I8u'Iii.(:110) 3284;91;!1 WEBSITE:

ROOFING PROPOSAL

Page 2 ends

Fire Station 2: Flat Roof 3.900 S0F
• Demo/Remove all existing Built Up Roofing per Tremco Drawings & limits of work. • Furnish & install new crickets at drain points & on high side of curbs. • Furnish & Install %z" cover board mechanically attached. • Furnish & Install Tremply Kee 60Mi1 mechanically attached. • Furnish & Install Clad metal at scuppers.
• 30 Year Manufacturer Warranty
Fire Station 2: Tile Roof 4,200 SOF
• Demo/Remove existing tile down to substrate.
• Furnish & Install Self Adhered Underlayment over substrate. • Furnish & Install MCA Maruhachi S — Tile.
• Furnish & Install MCA Trim pieces per manufacturers guidelines. • Furnish & Install Kee Membrane at Valley locations.
• 30 Year Manufacturer Warranty.

Price: $239,824.00
19027 S ITAMn:roN Avr, GARD NA., CA 90248 u TIL (310) 328-6969 FAX: (310) 328-9176 WE;asiz'e: WWW.BF 1 CCONTRACIlNG.COM

ROOFING PROPOSAL

Page 3 of 5 ends

EXCLUSIONS:

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Tear Off/Demo of existing Tile at Fire Station 1
Substrate repairs.

Full drain replacement
Carpentry
Nailer Removal/Replacement
Replacement of coping at Fire Station 1
Removal of ACM/Abatement.

Gutter Repair / Replacement
Repairs at any other location aside of limits of work
Disconnect/Re-connect of mechanical or antennas.

Roof Accessories, Prefab Curbs, Skylights, Vents.

Non working full time onsite Supervisor/Foreman.

HVAC, Mechanical or Related Duct Work, Electrical and Plumbing.

Protection of completed work from damage by other trades or construction traffic Permits, Inspection, Testing and Consultant costs and fees.

Payment and Performance Bond. ADD 1% if required.

All other work not specifically stated under Scope of Work above The General Terms and Conditions attached hereto are expressly incorporated into this Proposal and will form the contract between the parties.

This Proposal is valid for 20 days from the date of the Proposal.

Material lead times for this product may change at any given time.

We appreciate the opportunity to submit you a bid. Should you have any questions, please don't hesitate to contact me at (310) 328-6969 ext. 239. I can also be reached on my cell phone at (310) 613-2104.

Respectfully Submitted,
Afrwealtowt. 71$4414",
Jonathan Munoz
BEST Contracting Services, Inc.

License #456263
DIR# 1000000563
19027 S 1 AM[i,TON AVE, GARDENA, CA 90248 o TET (310) 32S-6969 FA.x: (310) 32g-9.176 WEnsrrE: wwwBESTCON RACTING.COM

ROOFING PROPOSAL

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Proposal No.:

GENERAL TERMS & CONDITIONS
Acceptance of this proposal by General Contractor ("Contactor") shall constitute acceptance of all terms and conditions recited herein and shall supersede any conflicting term in any other past or future Contractor or Project document.

Contractor's agreement herewith shall be evidenced by Contractor listing BEST Contacting Services, Inc. ("BEST") in its bid documents or by permitting BEST to commence work for the Project:

1. BEST shall be paid monthly progress payments on or before the 15' i of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed- BEST shall have the right to stop work if any payment is not timely made and BEST may keep the job idle until all payments due are received; in no such event shall BEST be liable for damages arising from delay in completion.

2. All sums not paid when due shall bear interest at the rate of 1 '/z % per month.

3. No back -charges by, or claim of, the Contractor for services performed by others shall be valid against BEST unless agreed to in writing by BEST before the work is performed.

4. Contractor is to prepare all work areas so as to be acceptable for BEST's work. BEST will not be called upon to start work until sufficient areas are ready to insure a continuous work sequence, which is what the Proposal price is based upon. There will be a charge of: $3,500 for each break in the continuous sequence of work due to Owner or Contractor's action(s) or direction. The Contractor shall furnish all temporary site facilities, including suitable storage space, temporary electrical, toilets and water, and security at no cost to BEST.

5. BEST shall be given reasonable time in which to make delivery of materials and/or labor to commence and complete its work. BEST shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to: delays caused by the Owner, Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. BEST shall be entitled to an equitable adjustment in the subcontract amount for additional costs due to unanticipated Project delays or accelerations caused by others whose acts are not BEST's responsibility, as well as to time extensions for unavoidable delays. No liquidated damages may be assessed against BEST for more than the amount actually paid by the Contractor for unexcused delays to the extent actually solely caused and agreed to by BEST_ Under no circumstances shall BEST be liable for consequential or indirect damages of any type, or damages for delay in completion of the Project.

6. BEST's work is guaranteed for a period of one year from the date of substantial completion or beneficial use, whichever is earlier. The exclusive remedy shall be that BEST, shall replace or repair any part of its work, which is found to be defective. BEST shall not be responsible for damage or defect caused by third parties, follow-on contractors, abuse, modifications, improper or insufficient maintenance, improper operation or normal wear, tear and usage.

7. Work called for herein is to be performed during BEST's regular working hours, All work performed outside of such hours shall be the basis for a change order, charged at BEST's prevailing overtime rates. The mark-up for profit and overhead for all change orders shall be at least twenty-five percent_

8. BEST will indemnify and hold harmless the Contractor from damages only to the extent such damages are caused by the solc negligent act or omission of BEST.

9. In the event of a price increase of material, supplies, equipment, or energy greater than five percent occurring between the date of this Proposal and the first day of performance of the specific work affected by the price increase, through no fault of BEST, the amount owed to BEST shall be equitably adjusted by change order(s) to reflect those price increase(s). BEST shall be entitled to such escalation costs regardless of Contractor being able to pass those costs through to the Owner.

10. BEST shall not be held responsible if the design or structure of thc roof deck being roofed does not conform to the requirements of the UBC or other code requirements, with resulting standing or ponding water.

I1. Should BEST be required to raise pipes, conduit, air conditioning units, duct work or other roof mounted equipment (collectively "roof top items") to roof under them, BEST will endeavor to handle these items with care, however, BEST will not accept any liability for damage to any these roof top items which arc handled during normal roofing activity.

I 2, Contractor shall be responsible to compensate BEST for any increase made in the state or local sales tax rate that was not in effect at the time of bid and not reflected in the bid documents.

13. Due to the recent volatility in material prices, the price(s) stated in this proposal is/are valid only for contracts accepted and executed within 30 days oldie date of this proposal
19027 S Hama:Forst AVE, GARi7ENA, CA 90248 u'lEt.: (310) 328-6969 FAX: (310) 328-917G Wuisrr www.BESTcONTRACUNG.com

ROOFING PROPOSAL

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14. NOTE that some of the matcriaLs and products specified to be used and installed in the construction of this project are, or may later become, unavailable, significantly delayed in shipment and/or subject to price increases due to circumstances beyond our control, including the current national and industry -wide materials shortage crisis, as well as the COVID-19 pandemic. With respect to material delivery, we can make no guarantees as to whether material lead times and delivery will accommodate the Project Schedule. Note that the actual lead time and delivery dates can only bc provided by and confirmed by the material manufacturer. If a specified product is unavailable or shipment is or will be delayed, we will provide notice to you and shall be afforded a time extension on the project schedule, and substitute products, if available, may be considered_

15. If there is an increase in the actual cost of the labor or rnateriaLs charged to us in excess of 5% subsequent to making this Agreement, the price set forth in this Agreement shall bc increased without the need for a written change order or amendment to the contract to reflect the price incrr.+sr and additional direct cost to us. We will submit written documentation of the increased charges to you upon request. As an additional remedy, if the actual cost of any line item increases more than 10% subsequent to the making of this Agreement, we, at our sole discretion, may terminate the contract for convenience, without consequence.

END OF DOCUMENT
19027 S i:IAsimrroN AvE, GARDENA, CA 9024.3 u TEL (310) 328-6969 FAX: (310) 328-9176 Wrxsrrr;: www.IIISTCt >N'I1 AC, I ING.COM

4/11/23
Rite -Way Roof Corporation
Commercial Roof Services- CA License # 661941 C-39
15425 ARROW RT. FONTANA, CA. 92335 91730 * 909-931-7271 *FAX 909-931-7665 Proposal and Contract
City of Placentia
Fire Station # 1
Attn.: Joel Cardenas
Property: 110 S. Bradford Ave.

Placentia CA, 92870
New Tremco KEE 60mil Single PIy Roofing System
> Plywood Sq ft Price- $6.00 Sq. ft.

New Tremco KEE Single PIy roof system $139,667.00
Wage rates based on Prevailing Wage Rates during normal working hours between Gam and 5pm. No weekend or after-hours work has been figured. Based on good access to building and staging next to building.

Contractor will supply all necessary labor, materials, and equipment to install a new Tremco, Tremply KEE mechanically fastened Single PIy roof system per Manufacturer's Specifications on building noted in roof diagram below as follows:

Scope:
• On upper and lower roofs (called out in roof diagram below), remove existing coping cap and set aside for future re- installation.
• Remove existing roof system and fleshings down to wood deck. Approx. 3,400 sq. ft. `Testing/Abatement of any kind not included in this proposal.*
• My dry rot throughout roof deemed necessary to be replaced will be an additional cost (see line items above). • Install new tapered insulation crickets loosely laid to achieve proper drainage to existing drains and scuppers, as needed.
• Install a 1/2" Dens Deck roof board mechanically fastened over wood decking per manufacturer's specifications.

Install White 60 mil Tremply KEE barebacked membrane mechanically attaching over new 1/2" Dens Deck per manufacturer's specifications.
• Fully -adhere one (1) layer of layer of White 60 -mil Tremply KEE barebacked single -ply membrane to parapet walls and curb fleshings with low VOC bonding adhesive.
• Flash exhaust fans, curbs, drains and pipe penetrations per manufacturers specifications. Seal and caulk all terminations.
• Install one (1) new Leader Head and Down Spout to assist drainage from upper roof to the lower roof. • Re -install set aside coping cap, sealing per manufacturers specification. • Install new Tremco walk pad in a continuous walkway path from roof access paths to and around serviceable mechanical units per manufacturers specification.
• Clean up and haul off all roof debris.
• New roof to have a two (2) year warranty against leaking due to workmanship from Rite -Way Roof Corp. • Supply Thirty (30) year Manufacturer's warranty.

4/1 1 /23
above, Waterproofing, Deck wall or traffic coatings. Any mechanical work. Painting, Electrical work including dis- connect /re -connect, Plumbing work, Duct repair or sealing, Drain supply or installation, Interior damages, Interior protection, Temp fencing, Temporary roofing of any kind, Water testing, Scaffolding, Over time wages, Permits, Bonding. Please note if bonding is required our bonding rate for a project this size is 2.5% ❖ LIC#: 661941
❖ CLASSIFICATIONS: C-39
❖ SMALL BESINESS CERTIFICATION #38907.
❖ TREMCO CERTIFIED APPLICATOR
Roof Iliseram
r safety
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Demo e .st.ng b : up roots down • • ,.
!substrate. Install new Tremco 60m11 KEE
(mechanically attached roof systems per
'manufacturers specifications_
Notes:

1. All Safety Standards per CAL/OSHA will be adhered to. Any additional safety requirements beyond CAL/OSHA standards may result in an additional surcharge.

2. Prices are good for 30 days from the bid date unless otherwise noted.

3. All work to be completed ina workmanlike manner according to standard practices.

4. Overtime requirements due to inclement weather, other trade delays and/or delays not related to Rite -Way Roof are not included in this price.

5. Our price to perform this work includes all applicable insurance, taxes, labor, material and equipment.

6. Due to insurance and safety concerns, no work will be performed during inclement or adverse weather conditions i.e., rain or severe wind.

7. Owner acknowledges that, while contractor may make observations about the general condition of the roof(s) being serviced, nothing in this agreement creates any obligation on the part of contractor to warn, advise or make recommendations to owner concerning conditions observed other than the immediate area(s) repaired by contractor.

Payment Terms: To be Negotiated.
2 of 4 Owners Initials

4111 /23
Rite -Way Roof Corporation Owner or Representative:

By: By:

Adam Hernandez, Estimator Title
Express Warranty. Rite Way Roof Corporation ("RWC") expressly warrants that the work performed pursuant to this Proposal and Contract ("the Work") will be free from any defect for a period of two (2) years from substantial completion of the Work, subject to the following definitions and limitations:

The parties agree that, far the purpose of this proposal and contract and the work performed by RWC, the term "defect" is defined and limited to an item of workmanship which:
i. Falls below thc reasonable standard of can in RWC's trade, when considered in light of the conditions present at the property in question, or

2. A material deviation from the approved specifications for the Work, and which

1. Cause's damage to another component of the improvements which comprise the property in question, or

2. Significantly diminishes the expected usable life of the Work.

Warranty Limitations and Exclusions. RWC's liability to the property owner pursuant to this warranty shall be limited to RWC's labor and material costs to remedy any claimed defect it determines to in fact exist
This warranty is limited only to those materials supplied and installed by RWC, and specifically excludes:

1. Fxisting materials salvaged by RWC and utilized in the course of the Work;

2. Any defect or other condition in othcr components of the property which interface with, or are located adjacent to, the Work. The property owner shall be solely responsible for conducting any inspections he or she deems necessary to inspect other portions of the property. Owner expressly acknowledges and agrees that RWC is under no duty to advise Owner of any conditions existing or discovered outside the scope of RWC's Work;

3. Any damage to personal property, contents or other portions of the property caused by water intrusion during RWC's performance of the Work, regardless of cause.

Commencement of the Warranty Period The warranty period shall commence upon substantial completion of RWC's Work. In the case of multiple buildings or strut -tines, the warranty provided by RWC shall commence upon substantial completion of RWC's Work on each such structure.

Warranty Claims. in order to invoke the warranty provided by RWC, the property owner must provide written notice of any defect which it believes to exist within thc Work. RWC shall have twenty (20) days from thc date of the written notice to make those repairs it determines are reasonably nerrccary to remedy the claimed defect Voiding of Warranty. This warranty shall be void in the event of any of the following.

1. Inadequate maintenance of thc roof systems which comprise the Work by the Owner;

2. Any modification or repair of the Work by any third party; or

3. Failure to provide Contractor with written notice of any claimed defect and sufficient time to remedy the claimed defect as provided for in this Proposal and Contract Investigapion of Warranty Claims. The property owner understands and acknowledges that a roof may leak for a number of reasons not related to any defect in the Work including, but not limited to: fire, earthquake, extreme wind, hail or distortion, warping, settlement or other defects in the fonn at"on (roof deck) upon which the roof is applied and rests, excessive foot traffic, tree droppings, tree branch contact and acts of vandalism. Further, a roof may leak as a result of defects in components outside the scope of the Work including, but not limited to, leaks through the skylights, air conditioning units, warts, or other sheet metal installations. • in the event the property owner makes a claim pursuant to RWC's express warranty which is determined to not in fact be a defect, the property owner understands and agrees that they will be responsible for all costs and fees charges by RWC to perform its investigation. These fees and costs will include an hourly charge for the investigation, as well as the cost of any materials used by RWC in thc course of thc investigation. The property owner agrees that these charges will be paid upon presentation of RWC's invoice.

Water Leaks During Work. Sudden rains may occur without warning. RWC has no control over the weather, and cannot ensure that weather conditions will be suitable for the duration of the Work. The property owner understands and agrees that RWC will have no liability of responsibility for damage to any person property, contents, or other components of the property caused by water or rain damage which occurs during the Wore No Duty Beyond Work. In the course of preparing this Proposal and Agreement, and in performing the Work, RWC may make observations or recommendations about other aspects or components of the property. The property owner understands and agrees that in making any observations, statements or recommendations, RWC is not acting as a consultant The property owner agrees that he or she is not in any way relying upon any statements, observations or recommendations made by RWC pertaining to any item outside the scope of the Work_ RWC shall have no liability to the property owner or any other party which extends beyond the scope of the Work in any manner, fashion or respect
Extras to the Work. During progress of construction, the property owner may order extra work beyond the scope of Work identified in this Proposal and Contract The amount for such extra work shall be determined in advance if possible. Otherwise, the property owner will be charged for RWC's actual cost of labor, materiaLs, and all other direct allocable costs plus 22% for RWC's overhead and fee_ All sums for extras shall be due and payable in advance; of the work performed unless agreed in writing that it is payable at any other time.

Delays in Completion of the Work. RWC shall not be responsible for delays incurred as a result of acts of neglect or omission of thc property owner or his or her employees or agents, acts of God, stormy or inclement weather, stokes, lockouts, boycotts, or other labor union activities, extra work ardcnxd by the property owner, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to provide payments when due, or delays caused by inspections, or changes ordered by the inspectors of governmental bodies concerned, or other cause.; beyond the control of RWC.

Unless otherwise agreed in writing by the parties, the property owner understands and agrees that property owner is not relying upon any representations made by RWC with regard to the total time duration for completion of the Work. The property owner has been advised and understands that a fixed -duration agreement, subject to the exceptions set forth above, may be negotiated with RWC for an additional fee.

Access to the Property. The property owner agrees to grant free access to work areas for workmen and vehicles and shall allow areas for storage of materials and debris.

1. The property owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours.

2. The property owner understands and agrees that RWC and its workmen shall not be expected to keep gates closed for animals or children.

3. The pruperty owner agrees that RWC shall have no liability or responsibility for and damage to driveways, walks, lawns, shrubs or other vegetation, parsed by movement of trucks, men, equipment, materials, debris, etc.

4. The property owner understands and agrees that adequate access will be provided to all portions of the property in order far RWC to complete thc Work. The property owner understands and agrees that RWC will charge a minimum of $400 above and beyond the price set forth in this Proposal and Agreement for each trip to the property at which access to the property is not available_ 3 of 4 Owners Initials

4/11/23
Right to Stop Work. RWC may stop its work if payments are not made by the property owner when due. In the event RWC's work should be stopped by order of any court or other authority or by the property owner for a period of sixty (60) days or more, RWC may, at its option, demand and receive payment for all work executed and materials supplied (inclusive of profit and overhead) as of the date of the work stoppage.

Replacement of Antennas. The property owner understands and agrees that RWC shall not be responsible for removal or reinstallation of antennas or satellite dishes.

The property owner understands that RWC may charge an additional fee in addition to the price set forth in this Proposal and Agreement to remove or replace antennas or satellite dishes, should it elect to perform such removal or replacement Interest on Unpaid Balance. All invoices provided by RWC are due and payable upon presentation to the property owner. RWC shall be entitled to collect interest at the rate of one and one-half (1-1/2%) per month on any unpaid balance. Any partial payments made by the property owner will be first applied to accrued interest. Any remaining monies will then be applied to reduce the outstanding principal balance.

Arbitration_ RWC and the property owner agree that any dispute arising out of or in any way pertaining to any claim of defects in the Work or breach of the warranty provided by RWC shall be submitted to the American Arbitration Association for binding arbitration_ The property owner understands and acknowledges that, by entering into this Proposal and Agreement, he or she is waiving the right to file suit and receive a jury trial, as well as to appeal the binding decision of the arbitrator.

Fur the purpose of the arbitration proceedings, any demand for arbitration shall be filed with the office of the American Arbitration Association located closest to the property.

This provision does not apply to any action instituted by RWC for collection of monies due or as a result of the property owner's breach of this Proposal and Agreement
Attorney Fees. In the event any claim, demand, arbitration proceeding or lawsuit should be made or instituted in connection with or in any way pertaining to this Proposal and Agreement or the work, RWC shall be entitled to reimbursement for its reasonable attorney fees and costs incurred by it. Recoverable costs shall include court costs, filing fees, arbitration .fees, expert fees and expert costs.

Integrated Agreement/Amendment. Both RWC and the property owner agree that the terms set forth in this Proposal and Agreement constitute the full and complete agreement of the parties, and is intended to constitute a fully integrated contract agreement under California Taw. The property owner acknowledges and agrees that RWC has made no promises, representations of fact or warranties except as set forth in this Proposal and Agreement The terms of this Proposal and Agreement may only be modified by another written agreement.

Agreement Binding When Signed. This Proposal and Agreement is only binding upon its execution by the property owner and an officer or principal of RWC.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING THE

RESPONSIBILITIES OF A CONTRACTOR MAY BE REFERRED TO REGISTRAR OF THE BOARD 4 of 4 Owners Initials

4/11/23
Rite -Way Roof Corporation
Commercial Roof Services- CA license # 661941 C-39
15425 ARROW RT. FONTANA, CA. 92335 91730 * 909-931-7271 s FAx 909-931-7665 Proposal and Contract
City of Placentia
Fire Station #2
Attn.: Joel Cardenas
Property: 1530 Valencia Ave.

Placentia CA, 92870
New Tremco KEE 60mi1 Single PIy Roofing System & US Tile Roof System > Plywood Sq ft Price- $6.00 Sq. ft.

New Tremco KEE Single PIy Roof System & U.S. Tile Roof System $268,632.00 Wage rates based on Prevailing Wage Rates during normal working hours between 6am and 5pm. No weekend or after-hours work has been figured. Based on good access to building and staging next to building.

KEE Scope:
• On upper and lower roofs (called out in roof diagram below), remove existing roof system and fleshings down to wood deck. Approx. 5,100 sq. ft. * Testing/Abatement of any kind not included in this proposal. * • Any dry rot throughout roof deemed necessary to be replaced will be an additional cost (see line items above). • Install new tapered insulation crickets loosely laid to achieve proper drainage to existing drains and/or scuppers, as needed.
• Install a 1/2" Dens Deck roof board mechanically fastened over wood decking per manufacturer's specifications. • Install White 60 -mil Tremply KEE barebacked membrane mechanically attaching over new 1/2" Dens Deck per manufacturer's specifications.
• Fully -adhere one (1) layer of layer of White 60 -mil Tremply KEE barebacked single -ply membrane to parapet wall and curb fleshings with low VOC bonding adhesive.
• Flash exhaust fans, curbs, drains and pipe penetrations per manufacturers specifications. Seal and caulk all terminations.
• Re -install set aside coping cap, sealing per manufacturers specification. • install new Tremco walk pad in a continuous walkway path from roof access paths to and around serviceable mechanical units per manufacturers specification.
• Clean up and haul off all roof debris.
• New roof to have a two (2) year warranty against leaking due to workmanship from Rite -Way Roof Corp. • Supply Thirty (30) year Manufacturer's warranty.

Tile Roof Scope:
• Remove existing tile roof system and fleshings down to wood deck. Approx. 3,800 sq. ft. * Testing/Abatement of any kind not included in this proposal. *
Fully Adhere (1) one layer of Tremco SA roof underlayment per manufactures specifications. • Install U.S. 1 -Piece "S" Mission roofing tile per manufacturers specifications. Color to be Natural Red, additional colors/blends available at additional cost. Each the to have a corrosive resistant fastener attached to wood deck. • Install edge metal, trim tile, and metal bird stop per specifications. 1 of 4 Owners initials

:1-I=
4/11/23
• Clamp and seal all pipes and vents per manufacturer's specifications. • Clean up and haul away all roofing debris associated with new roof installation. • Tremco SA Underlayment to have a 10 -year manufacturer's warranty. • Roof Tile to have U.S. Tile standard Manufacturer's warranty on material. • Rite -Way Roof Corp. to furnish a two (2) year warranty against leaking due to workmanship.

Exclusions: Abatement and or testing of any kind, Insulation replacement of any kind other than what is specifically called out above, Deck replacement other than line items called out above, any siding wood or otherwise, Any sheet metal other than what is stated in scope above, Gutters, Equipment pad covers, Skylights, Wood nailers, Wood blocking, Raising of any equipment curb or platform, Roof hatch, Roof accessories, Vapor barrier, Any wood work not called out above, Waterproofing, Deck wall or traffic coatings, Any mechanical work, Painting, Electrical work including dis- connect /re -connect, Plumbing work, Duct repair or sealing, Drain supply or installation, Interior damages, Interior protection, Temp fencing, Temporary roofing of any kind, Water testing, Scaffolding, Over time wages, Permits, Bonding. Please note if bonding is required our bonding rate for a project this size is 2.5% ❖ LIC#: 661941
❖ CLASSIFICATIONS: C-39
❖ SMALL BUISINESS CERTIFICATION #38907.
❖ TREMCO CERTIFIED APPLICATOR
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Notes:

1. All Safety Standards per CAL/OSHA will be adhered to. Any additional safety requirements beyond CAIJOSI.HA standards may result in an additional surcharge.

2. Prices are good for 30 days from the bid date unless otherwise noted. 2 of 4
Owners Initials

4/11/23

3. All work to be completed in a workmanlike manner according to standard practices.

4. Overtime requirements due to inclement weather, other trade delays and/or delays not related to Rite -Way Roof are not included in this price.

5. Our price to perform this work includes all applicable insurance, taxes, labor, material and equipment.

6. Due to insurance and safety concerns, no work will be performed during inclement or adverse weather conditions i.e., rain or severe wind.

Payment Terms: To be Negotiated.

Rite -Way Roof Corporation
By:

Adam Hernandez, Estimator
Title
Owner or Representative:

By:

Express Warranty. Rite Way Roof Corporation ("RWC") expressly warrants that the work performed pursuant to this Proposal and Contract ("the Work") will be free from any defect for a period of two (2) years from substantial completion of the Work, subject to the following definitions and limitations:

The parties agree that, for the purpose of this proposal and contract and the work performed by RWC, the term "defect" is defined and limited to an item of workmanship which:

I. Falls below the reasonable standard of care in RWC's trade, when considered in light of the conditions present at the property in question, or

2. A material deviation from the approved specifications for the Work; and which

1. Cause's damage to another component of the improvements which comprise the property in question, or

2. Significantly diminishes the expected usable life of the Work.

Warrants. Limitations and Exclusions. RWC's liability to the property owner pursuant to this warranty shall be limited to RWC's labor and material costs to remedy any claimed defect it determines to in fact exist.

This warranty is limited only to those materials supplied and installed by RWC, and specifically excludes:
]. Existing materials salvaged by RWC and utilized in the course of the Wort

2. Any defect or other condition in other components of the property which interface with, or are located adjacent to, the Work. The property owner shall be solely responsible for conducting any inspections he or she deems necessary to inspect other portions of the property_ Owner expressly acknowledges and agrees that RWC is under no duty to advise Owner of any conditions existing or discovered outside the scope of RWC's Work;

3. Any damage to personal property, contents or other portions of the pmperty caused by water intrusion during RWC's performance of the Work, regardless of cause.

Commencement of the Warr ii y Period. The warranty period shall commence upon substantial completion of RWC's Work. In the case of multiple buildings or structures, the wamnty provided by RWC shall commence upon substantial completion of RWC's Work on each such structure.

Warranty Claims. In order to invoke the warranty provided by RWC, the property owner must provide written notice of any defect which it believes to exist within the Work. RWC shall have twenty (20) days from the date of the written notice to make those repairs it determines are reasonably necessary to remedy the claimed defect Voiding of Warranty. This warranty shall be void in the event of any of the following:

1. Inadequate maintenance of the roof systems which comprise the Work by the Owner;

2. Any modification or repair of the Work by any third party; or

In the event the property owner makes a claim pursuant to RWC's express warranty which is determined to not in fact be a defect, the property owner understands and agrees that they will be responsible for all costs and fees charges by RWC to perform its investigation. These fees and costs will include an hourly charge for the investigation, as well as the cost of any materials used by RWC in the course of the investigation_ The property owner agrees that these charges will be paid upon presentation of RWC's invoice_
Water Leaks During; Work, Sudden rains may occur without warning. RWC has no controlover the weather, and cannot ensue: that weather conditions will be suitable for the duration of the Work. The property owner understands and agrees that RWC will have no liability of responsibility for damage to any person property, contents, or other components oldie property caused by water or rain damage which occurs during the Work.

No Duty Beyond Work. In the course of preparing this Proposal and Agreement, and in performing the Work, RWC may make observations or recommendations about other aspects or components of the property. The property owner understands and agrees that, inmaking any observations, statements or recommendations, RWC is not acting as a consultant The property owner agrees that he or she is not in any way relying upon any statements, observations or recommendations made by RWC pertaining to any item outside the scope of the Work. RWC shall have no liability to the pmperty owner or any other party which extends beyond the scope of the Work in any manner, fashion or respect
Extras to the Wolk. During progress of construction, the property owner may order extra work beyond the scope of Work identified in this Proposal and Contract The amount for such extra work shall be determined in advance if possible. Otherwise, the property owner will be charged for RWC's actual cost of labor, materials, and all of 4 Owners Initials

4/11/23
other direct allocable costs plus 22% for RWC's overhead and fee. All sums for extras shall be due and payable in advance of the work performed unless agreed in writing that it is payable at any other time.

Delays in Completion of the Work. RWC shall not be responsible for delays incurred as a result of acts of neglect or omission of the property owner or his or her employees or agents, acts of God, stormy or inclement weather, strikes, lockouts, boycotts, or other labor union activities, extra work ordered by the property owner, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to provide payments when due, or delays caused by inspections, or changes ordered by the inspectors of governmental bodies concerned., or other causes beyond the control of RWC.

Access to the Property. The property owner agrees to grant free access to work areas for workmen and vehicles and shall allow areas for storage of materials and debris.

1. The property owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours.

2. The property owner understands and agrees that RWC and its workmen shall not be expected to keep gates closed for animals or chikIren.

3. The property owner agrees that RWC shall have no liability or responsibility for and damage to driveways, walks, lawns, shrubs or other vegetation, caused by movement of trucks, men, equipment, materials, debris, etc.

4. The property owner understands and agrees that adequate access will be provided to all portions of the property in order for RWC to complete the Work. The property owner understands and agrees that RWC will charge a minimum of $400 above and beyond the price set forth in this Proposal and Agreement for each trip to the property at which access to the property is not available_ Right to Stop Work. RWC may stop its work if payments are not made by the property owner when due. In the event RWC's work should be stopped by order of any court or other authority or by the property owner for a period of sixty (60) days or more, RWC may, at its option, demand and receive payment for all work executed and materials supplied (inclusive of profit and overhead) as of the date of the work stoppage.

Replacement of Antennas. The property owner understands and agrees that RWC shall not be responsible for removal or reinstallation of antennas or satellite dishes.

The property owner understands that RWC may charge an additional fee in addition to the price set forth in this Proposal and Agreement to remove or replace antennas or satellite dishes, should it elect to perform such removal or replacement interestan Unpaid Balance. All invoices provided by RWC are due and payable upon presentation to the property owner. RWC shall be entitled to collect interest at the rate of one and one-half (1-1/2%) per month on any unpaid balance. Any partial payments made by the property owner will be first applied to accrued interest Any remaining monies will then be applied to reduce the outstanding principal balance.

Arbitration. RWC and the property owner agree that any dispute arising out of or in any way pertaining to any claim of defects in the Work or breach of the warranty provided by RWC shall be submitted to the American Arbitration Association for binding arbitration. The property owner understands and acknowledges that, by entering into this Proposal and Agreement, he or she is waiving the right to file suit and receive a jury trial, as well as to appeal the binding decision of the arbitrator.

For the purpose of the arbitration proceedings, any demand for arbitration shall be filed with the office of the American Arbitration Association located closest to the ProPerty
This provision does not apply to any action instituted by RWC for collection of monies due or as a result of the property owner's breach of this Proposal and Agreement
Attorney Fees. In the event any claim, demand, arbitration proceeding or lawsuit should be made or instituted in connection with or in any way pertaining to this Proposal and Agreement or the work, RWC shall be entitled to reimbursement for its reasonable attorney fees and costs incurred by it Recoverable costs shall include court costs, filing fees, arbitration fees, expert fees and expert costs.

Integrated Agreement/Amendment. Both RWC and the property owner agree that the terms set forth in this Proposal and Agreement constitute the full and complete agreement of the parties, and is intended to constitute a fully integrated contract agreement under California law. The property owner acknowledges and agrees that RWC has made no promises, representations of fact or warranties except as set forth in this Proposal and Agreement The terms of this Proposal and Agreement may only be modified by another written agreement.

Agreement Binding When Signed. This Proposal and Agreement is only binding upon its execution by the property owner and an officer or principal of RWC.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULA 1'ED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING THE

RESPONSIBILITIES OF A CONTRACTOR MAY BE REFERRED TO REGISTRAR OF THE BOARD 4 of 4 Owners Initials

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

CITY COUNCIL

CITY ADMINISTRATOR

CHIEF OF POLICE
JULY 11, 2023
SUBJECT: PURCHASE OF FARO 360 DEGREE SCANNER
FISCAL
IMPACT: EXPENSE: $60,222.19 (103041-6840)
SUMMARY:

The City of Placentia does not have its own means of accurately diagramming a major accident scene. During the last fatal accident in January, Placentia had to rely on an outside agency to come in and diagram our scene. The purchase of the FARO 360 Degree Scanner would allow Placentia to have its own equipment and is an integral part of diagramming a major accident scene to support successful criminal prosecution.

RECOMMENDATION:

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

1. Approve the purchase of FARO Scanner Focus Premium and related components in the amount of $60,222.19; and

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

STRATEGIC PLAN STATEMENT
This item conforms to Strategic Plan Goal 2, Ensure that Public Safety Remains a High Priority.

DISCUSSION:

The Placentia Police Department responds to serious injury and fatality collisions. The current best practices documentation expected by prosecutors for these types of collisions requires 3D Scanning Equipment and Software.

Traditionally, Placentia has had to rely on the La Habra Police Department to come into Placentia's jurisdiction to investigate and diagram these crime scenes. As the La Habra Police Department has recently upgraded to the FARO System, Placentia would like to begin operating its own FARO System, given the favorable unit pricing that can be utilized per the Purchasing Policy's Cooperating Purchasing Method. In purchasing the same unit and software, the two agencies can assist one another.

1.e.

July 11, 2023

City Council Agenda
July 11, 2023

Page 2 of 2 ends

3D Scanners and Software process data and produce detailed and scaled maps of collision and crime scenes that offer a 360 -degree perspective. These images can be further scaled into diagrams. One officer utilizing a 3D Laser Scanner is capable of recording a scene or roadway in approximately 60% of the time required by four Police personnel using other methods to document the same scene.

Placentia was able to purchase the required software late last year using available grant funds, in the Fiscal Year 2022-23 Budget. The Base Retail price of the FARO Scanner is $70,203; however, Staff was able to use other agencies' pricing to reduce the cost to $60,222.19.

FISCAL IMPACT:

The cost of the FARO Technologies, Inc. Quote is $60,222.19, which includes applicable taxes.

This amount has been budgeted in the Police Department's Fiscal Year 2023-24 Budget. As such, sufficient funds exist for the recommended actions.

Submitted by:
.1.)\2 k.

Teri Knutson
Management Analyst
Reviewed and approved:

Jennifer Lampman
Finance Director
Attachment:

Quote from FARO Technologies, Inc.

Reviewed and approved:
lave co P
Brad Butts
Chief of Police
Reviewed and approved:

Damien R. Arrula
City Administrator

FARO
Account Manager: Chris Taylor
Email: [email protected]
Sales Support: Cindy Clarke
Contact Person: Frank Garza
Bill To: Ship To:

Placentia Police Department
401 E Chapman Ave
Placentia,CA,92870-6199
US
Placentia Police Department
401 E Chapman Ave
P l a ce n t i a, CA, 92870-6199
US
Notes:

FARO Technologies Inc
250 Technology Park, Lake Mary FL
32746-71 15
Phone No: 407-333-9911
Quotation No: 02300355
Quotation Date: 03/28/2023
Expiration Date: 06/30/2023
Lead Time: 2-6 weeks
Tracker Lead 10-12 weeks
Time:

Ship: Standard/Ground
Payment Terms: 30 Days net
Delivery Terms: Ex Works
ITEM NO.

DESCRIPTION

QTY UNIT PRICE TOTAL AMOUNT
LS9-HU
ACCSS8032
TR-F23-CO R
Confidential
FARO Focus Premium USA
Laser Scanner Focus Premium ships
with: 1x Focus Premium scanner
head, lx Status Indicator, lx Quick
Release, 1 x Power Block Battery, 1 x
Battery Power Dock , 1 x Power
Supply, 1x 64GB High -Speed SD Card
and reader, lx rugged transport
case, 1x calibration certificate, 1x
quick start guide, manufacturer
warranty
3D_AC_LS_Standard Carbon Fiber
Tripod
Carbon fiber tripod, super
lightweight, highly stable, low -
vibration, customized for Focus
scanners for perfect performance
and increased durability.
1 $41,860.00
$37,674.00
$1,200.00 $1,080.00
$0.00

CONTINUED
Quotation No: 02300355
Two consecutive day, consisting of
four-hour virtual classroom training.

The FARO Zone 3D Core training is
specifically designed to assist new
users.

TR-SCN-POS Laser Scanner Tr. - FARO Fac. - Inc
SSA51007-3Y
0D Zone
Expert
SOFTL0001
SOFTL0002
SSA0900-3Y
SOFTL0002
Available only at point of FARO
system sale. Includes training for 2
Trainees.

SSA51007-FARO Zone 3D Expert
Single User Soft Lock
Single User Hard Lock
SSA0900-Scene
SCENE. New License. Includes
SCENE standard maintenance. License
containers sold separately.

TR-SCN-POS-FOR-O
Single User Hard Lock
OnSite Forensics Cust-Site Upg. 5
Day
Available only at point of FARO
system sale. Customer Site Upgrade
- five day course that discusses
forensic applications with FARO
Scanner with FARO Software, setup,
and basic measurements. Customer
Site Trainings are designed for up to
4 people to ensure proper transfer
of knowledge and understanding.

Price per class. Training days must
be taken together on consecutive
days, and cannot be split into
$0.00 $0.00
$4,900.00 $4,410.00
$0.00 $0.00
$210.00 $210.00
$5,500.00 $4,950.00
$210.00 $210.00
$9,130.00 $8,217.00
Confidential

CONTINUED
Quotation No: 02300355
individual days.

RECURRING COSTS
ANNUAL
PRICE
ITEM NO. DESCRIPTION
YRS

SUBTOTAL
Total Unit Price
Total Recurring Costs
Total Discount
Sub -Total
Shipping & Handling
Total Excluding Tax
Total Taxes
$ 63,010.00
$ 0.00
-($ 6,259.00)
$56,751.00
$39.97
$56,790.97

6.04% $3,431.22
Total Due (USD) $ 60,222.19
Confidential
3 FARO,

CONTINUED
Quotation No: 02300355
**Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice.

Quote , including FARO Standard Delivery Terms and Conditions, accepted Signature: Print: Title: Date:

Accounts Payable Name: Email:

Do you require a PO number to be referenced on the invoice (_) No ( ) Yes - PO #:

Confidential
4 FAR

CONTINUED
Quotation No: 02300355
COVID-19
FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock -downs, quarantines).

PURCHASE AGREEMENT AND CONDITIONS OF SALE: As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms.

The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser):
https://www.faro.com/terms/
You can also obtain the terms from your FARO sales representative or please email [email protected] for a copy.

The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation Calibration and Certification Standards for FARO Devices ,
Confidential S /�■` :

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

CITY COUNCIL

CITY ADMINISTRATOR

CHIEF OF POLICE
JULY 11, 2023
SUBJECT: TURBO DATA AGREEMENT FOR CITATION PROCESSING
1 1 ' 0
FISCAL
IMPACT: EXPENSE: NOT -TO -EXCEED $35,000 ANNUALLY (103047-6290) SUMMARY:

In July 2017, the City entered into a Professional Services Agreement with Turbo Data Systems to utilize their services as an independent contractor to provide citation processing services. As the 2017 Agreement has expired, the proposed new Professional Services Agreement would continue their services for another five-year period.

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

1. Approve the Professional Services Agreement with Turbo Data Systems for an amount not to exceed $35,000 annually; and

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

STRATEGIC PLAN STATEMENT:

This item conforms to Strategic Plan Goal 2, Ensure that Public Safety Remains a High Priority.

DISCUSSION:

In the late 1990s, California State law decriminalized parking citations and, shortly thereafter, the Superior Court transferred the responsibility for parking citation processing and collection to local agencies. Turbo Data Systems has provided the service of processing and collecting parking citations for over 30 years. The Police Department continues to need the services provided, which include Basic Processing, Notice Processing Services, Out -of -State Citation Processing, Administrative Adjudication Letters, Paperless Appeals, and an Online Web Payment System.

Customers may handle their parking citation needs by mail, telephone, or the company's website. . r
"1.T.

July 11, 2023

City Council Agenda
July 11, 2023

Page 2 of 2 ends

FISCAL IMPACT:

The cost of the citation processing and collection contract with Turbo Data Systems is proposed in an amount not -to -exceed $35,000 annually and is based upon actual usage from the rates in Exhibit A, Scope of Services. This amount was budgeted in the Police Department's Fiscal Year 2023-2024 Budget in Account No. 103047-6290.

Submitted by:

Teri Knutson
Management Analyst
Reviewed and approved:

Jennifer Lampman
Finance Director
Reviewed and approved:
// 7o/2 COP
Brad Buhl
Chief of Police
Reviewed and approved:

DamiemR—Arrula
City Administrator
Attachments:

1. Exhibit A — Scope and Pricing

2. Professional Services Agreement with Turbo Data Systems

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS
EXHIBIT "A"

SCOPE OF SERVICES
TDS shall perform the following services in processing all parking citations:

A. Basic Processing—TDS will enter manual citations and citation dispositions into Customer's database within 2 business days. The basic service includes database maintenance, daily system backups, toll - free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web -based Inquiry System for the public with customized content, Customer Service Representatives (8:00 am — 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS-provided online system.

B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket writers. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.

C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Customer or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded.

D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth (30th) day of the following month.

E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date.

F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.

Scope Page i

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS
G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Customer to be the DMV Date.

H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance.

I. DMV Interface for Monthly Payment File — Receive payment file from DMV as available (currently monthly) and update DMV transactions into Customers database, providing reporting for reconciliation purposes.

J. Delivery Service — Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail.

K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Customer:
• Provide P. O. Box where payments are mailed
• Courier pickup from P. O. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non -judicial public inquiries by phone and mail • Return questionable mail to Customer for decision
• Make bank deposits to Customer bank account using check scanning • Verify amounts deposited, by citation number
• Provide toll -free number for citizen inquiries
• Provide reports for bank statement reconciliation
• Provide monthly Paid Citation Distribution Report for Customer to make surcharge payments to the County
• Scan checks and deposit parking funds (remote deposits) into Customer's bank account.

Check scanning hardware and software is provided by Customer for its specific banking requirements.
• Customers not set up for bank check scanning will incur additional courier fees.

L. Out of State Citations - TDS shall process citations for non -California license plates by entering the citation information into the system database and reporting them along with all other citations on the Scope Page 2

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS
database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Customer based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees.

M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Customers are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer's account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Customer processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded.

O. Paperless Appeals (eAppealsPRO & Scanning) — TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed -in appeal Scope Page 3

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS
documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years.

P. Online Inquiry Access for Customers' Staff - Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer's database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS' facility and view daily file transfers sent from the handheld ticket writer software and received at TDS' facility. TDS' technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Customers' Internet connection.

Q. Additional Notices—TDS will mail Other Correspondence as required for processing.

R. ICS Collection Service — Special Collections - Outstanding citations (DMV No -Holds or DMV Transfer of Ownership Releases or Non -California plates) and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer's regular citation processing bank account. The TDS Customer Service Center will handle all ICS related calls through a special toll -free number dedicated to ICS accounts.

Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.

S. Franchise Tax Board Offset Program —TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms (with TDS' assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process.

T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non -indigent individuals. Plan requests will be submitted to the Customer for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan Scope Page 4

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS
application and other details. Payment Plans allow the agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized agency specific information for indigent payment plans on pticket.com.

U. Bank Account Management (Optional)
TDS will open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a, monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation.

V. Handheld Ticketwriters — ticketPRO Magic
TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect.

W. Support and Maintenance for Ticketwriters - TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field.

X. TP Magic Communications Package (Cellular) - TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades are provided as newer versions become available.

Support via email for support requests and for reporting software/hardware issues.

Scope Page 5

AGREEMENT FOR PROCESSING

OF PARKING CITATIONS

CONSIDERATION
Basic Processing Services $1.48 per citation
$150 minimum in basic processing services required
Notice Processing Services included
Notices, other correspondence
Out of State Processing
Administrative Adjudication Letters
Paperless Appeals (eAppeals PRO)
Credit Card Payment Processing
Special Collections ICS (optional)
50% of amount collected
$2.38 per letter mailed
included with Administrative Adjudication
$3.95 Fee Paid by Violator
35% of amount collected (optional)
FTB Interagency Processing (optional) $2.50 per letter + 15% of amount collected Bank Account Management (optional) $100 per month plus bank fees/charges Refund Checks/NSF's $5.00 each
Payment Plan Processing $10 per payment plan
Payment Plan Letters $1.13 per letter mailed
Courier Services for Banking
$200 per month (not applicable if scanning
checks to your account or a bank
management customer)
Fee Increases:

Postal Rate Increase Offset — Fees will increase immediately to offset the amount of any postal increase.

Annual CPI Increase — Fees will increase according to the CPI for each 12 -month period.

Ticketwriters — Purchased 6/2021— Communications and Support Recurring Monthly Fees
Unit Price 3 Units
Software Maintenance, Software Support, Software Upgrades, 4G Data Plan & Lost/Stolen/Damaged Replacement coverage
$60/mo.
$130/mo.

Scope Page 6

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
TURBO DATA SYSTEMS, INC.

THIS AGREEMENT is made and entered into this 11th day of July, 2023, day "Effective Date", by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and TURBO DATA SYSTEMS, a California corporation("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide CITATION PROCESSING 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 Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 TURBO DATA SYSTEMS

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 annual compensation shall not exceed Thirty -Five Thousand Dollars ($35,000.00).

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.

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 thirty (30) 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.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 TURBO DATA SYSTEMS

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 60 months, ending on June 30, 2028 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to termina60te 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 TURBO DATA SYSTEMS

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 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 specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' 5 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 as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
6 (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

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 designates Roberta Rosen, 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: IF TO CITY:

Roberta Rosen, President
Turbo Data Systems, Inc.
1551 N. Tustin Avenue, Suite 950
Santa Ana, CA 92705
Tel: 714-368-4808
Brad Butts, Chief of Police
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8111

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 URBO DATA SYSTEMS

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 without any advance showing of negligence, recklessness, or willful misconduct 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, recklessness, or willful 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 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.
9 TURBO DATA SYSTEMS

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

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

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or 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 10 Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

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

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

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

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

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

CITY OF PLACENTIA,
A municipal corporation
Mayor Ward L. Smith Date
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
12 TURBO DATA SYSTEMS

CONSULTANT

TURBO DATA SYSTEMS
Signature: Date
Roberta Rosen, President
Taxpayer ID Number
APPROVED AS TO FORM:

Date:

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

Date:

Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:

Date:

Project Manager
DEPARTMENTAL APPROVAL:

Date:

Name, Title
13 TURBO u., `, SYSTEMS

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 TURBO DATA SYSTEMS

TURBDAT-01
LWANG2
,4comb CERTIFICATE OF LIABILITY INSURANCE
�------

DATE (MM/DD/YYYY)
6/20/2023
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 License # 0C36861
Irvine-Alliant Insurance Services, Inc.
18100 Von Karman Ave 10th Fl
Irvine, CA 92612
CONTACT NAME: Christina M Mountz

PHONE FAX
(A/C, No, Ext): (909) 886-9861 (A/C, No): (909) 886-2013 E-MAILD SS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : West American Insurance Company
44393

INSURED
Turbo Data Systems, Inc.
1551 N Tustin Ave #950
Santa Ana, CA 92705
INSURER B :Ohio Security Insurance Company
24082
INSURER C : American Fire and Casualty Company
24066
INSURER D : State Compensation Insurance Fund of California 35076
INSURER E : Landmark American Insurance Company
33138
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 POLIC ES 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/DDIYYYYI

POLICY EXP
!MM/DDIYYYYI
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
X
BKW56604610
7/1/2022
7/1/2023

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR
PREMES
PREMI ISET((EaRENTEDoccurrence)
$ 500,000

MED EXP (Any one person)
$ 15,000

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

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES

JECT PRO
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

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

AUTOMOBILE
X

LIABILITY

SCHEDULED
AUTOS

NON -OWNED UUO
X
BAS56604610

7/1/2022
7/1/2023

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

PROPERTY
a E accident) DAMAGE
$
$
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
ESA56604610
7/1/2022
7/1/2023

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
DED
X
RETENTION $ O
$
D

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
X
9103640-22
7/1/2022
7/1/2023
"
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
$
E
Professional Liab
LHR846909
9/10/2022
9/10/2023
Each Claim/Aggregate
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability: Claims Made & Reported Form
Re: Professional Services Agreement
City of Placentia and its elected and appointed boards, officers, officials, agents, employees and volunteers are named as Additional Insureds as respects to General Liability and Auto Liability arising out of activities performed by the Named Insured pursuant to its contract with the City, in which coverage afforded by these policies to the Additional Insureds is primary and non-contributory as required by written contract per attached carrier endorsements. Waiver of SEE ATTACHED ACORD 101

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 E Chapman
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

AGENCY CUSTOMER ID: TURBDAT-01
LOC #: 1
LWANG2
AFRO

ADDITIONAL REMARKS SCHEDULE

Page 1 of 1 ends

AGENCY License # 0C36861
Insurance Services, Inc.

NAMED INSURED
TurbIrvine-Alliant
1551 N TuTus stin AveyAe# Inc.
1551 #950
Santa Ana, CA 92705

POLICY NUMBER
SEE PAGE 1

CARRIER
SEE PAGE 1

NAIC CODE
SEE P 1
EFFECTIVE DATE: SEE PAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles:

Subrogation in favor of City of Placentia and its elected and appointed boards, officers, officials, agents, employees and volunteers is included for Workers Compensation per attached endorsement. Severability of Interest is included for General Liability and Auto Liability. 30 Days Notice of Cancellation except 10 Days for Non -Payment is provided for General Liability, Automobile Liability and Workers Compensation.

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

The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX

SUBJECT

NON -OWNED AIRCRAFT

NON -OWNED WATERCRAFT

PROPERTY DAMAGE LIABILITY - ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)

MEDICAL PAYMENTS EXTENSION

EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"

WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN

INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES

NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES

FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES

KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT

LIBERALIZATION CLAUSE

BODILY INJURY REDEFINED

EXTENDED PROPERTY DAMAGE

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
PAGE
2 2
2 2
3 3
3 5
6 6
7 7
7 7
7 8
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and

4. It is not being used to carry persons or property for a charge.

However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B. NON -OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing:

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.

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b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:

9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
CG 88 10 04 13
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b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".

Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(3)
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.

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 insur- ance 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.

With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when:
(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.

With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.

With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.

The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".

We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions.

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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy.

3. 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:
a. Required by the contract or agreement; or
b. 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 Declaratio ns.

H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows:
a. The following is added to Paragraph a. Primary Insurance:

If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover.

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b. The following is added to Paragraph b. Excess Insurance:

When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.

I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.

2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply.

Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13
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advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances.

The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations:

Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.

M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph

1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".

N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease.

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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment.

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COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGE INDEX

SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE -BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:

1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
(3)
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Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g.

Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".

However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.

The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance.

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

5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added:

SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".

This coverage is excess over any other collectible insurance.

SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":

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a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.

9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.

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d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.

The insurance provided under this extension is excess over any other collectible insurance. g.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:

If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3)
Physical damage coverages are provided for the covered "auto".

If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
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15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

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

17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.

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The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.

To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses.

21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.

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This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT
The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:

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

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

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

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

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CA 00 01 03 06

BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine
rights, duties and what is and is not covered.

Throughout this policy the words "you" and
"your" refer to the Named Insured shown in the
Declarations. The words "we", "us" and "our"
refer to the Company providing this insurance.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.

SECTION I - COVERED AUTOS
ITEM TWO of the Declarations shows the "autos"
that are covered "autos" for each of your cov-
erages. The following numerical symbols de-
scribe the "autos" that may be covered "autos".

The symbols entered next to a coverage on the
Declarations designate the only "autos" that are
covered "autos".

A. Description Of Covered Auto Designation
Symbols
Symbol
Description Of Covered Auto Designation Symbols
1 Any "Auto"
2 Owned
"Autos"
Only
Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own.) This includes those "autos" you accuire ownership of after the policy becins. 3 Owned
Private
Passenger
"Autos" Only
Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only
5 Owned
"Autos"
Subject
To No -Fault
Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally caraced.
6 Owned
"Autos"
Subject
To A
Compulsory
Uninsured
Motorists Law
Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically
Described
"Autos"
Only those "autos" described in Item Three of Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos"
Only
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.

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Symbol
Description Of Covered Auto Designation Symbols
9 Non -Owned
"Autos"
Only
Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs.
19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged.

Financial
Responsibility
Or Other Motor
Vehicle Insurance
Law Only
B. Owned Autos You Acquire After The Policy
Begins

1. If symbols 1, 2, 3, 4, 5, 6 or 19 are
entered next to a coverage in ITEM TWO
of the Declarations, then you have cov-
erage for "autos" that you acquire of the
type described for the remainder of the
policy period.

2. But, if symbol 7 is entered next to a
coverage in ITEM TWO of the Declara-
tions, an "auto" you acquire will be a
covered "auto" for that coverage only if:
a. We already cover all "autos" that
you own for that coverage or it re-
places an "auto" you previously
owned that had that coverage; and
b. You tell us within 30 days after you
acquire it that you want us to cover
it for that coverage.

C. Certain Trailers, Mobile Equipment And Tem-
porary Substitute Autos
If Liability Coverage is provided by this Cov-
erage Form, the following types of vehicles
are also covered "autos" for Liability Cov-
erage:

1. "Trailers" with a load capacity of 2,000
pounds or less designed primarily for
travel on public roads.

2. "Mobile equipment" while being carried
or towed by a covered "auto."

3. Any "auto" you do not own while used
with the permission of its owner as a
temporary substitute for a covered
"auto" you own that is out of service
because of its:
a.
b.
c.

Breakdown;
Repair;
Servicing;
d. "Loss"; or
e. Destruction

SECTION II - LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally
must pay as damages because of "bodily
injury" or "property damage" to which this
insurance applies, caused by an "accident"
and resulting from the ownership, mainten-
ance or use of a covered "auto."
We will also pay all sums an "insured" le-
gally must pay as a "covered pollution cost
or expense" to which this insurance applies,
caused by an "accident" and resulting from
the ownership, maintenance or use of cov-
ered "autos." However, we will only pay for
the "covered pollution cost or expense" if
there is either "bodily injury" or "property
damage" to which this insurance applies that
is caused by the same "accident."
We have the right and duty to defend any
"insured" against a "suit" asking for such
damages or a "covered pollution cost or ex-
pense". However, we have no duty to defend
any "insured" against a "suit" seeking dam-
ages for "bodily injury" or "property dam-
age" or a "covered pollution cost or
expense" to which this insurance does not
apply. We may investigate and settle any
claim or "suit" as we consider appropriate.

Our duty to defend or settle ends when the
Liability Coverage Limit of Insurance has
been exhausted by payment of judgments or
settlements.

1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto."
b. Anyone else while using with your
permission a covered "auto" you
own, hire or borrow except:

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(1) The owner or anyone else from
whom you hire or borrow a cov-
ered "auto". This exception does
not apply if the covered "auto"
is a "trailer" connected to a cov-
ered "auto" you own.
(2) Your "employee" if the covered
"auto" is owned by that "em-
ployee" or a member of his or
her household.

Someone using a covered
"auto" while he or she is work-
ing in a business of selling, ser-
vicing, repairing, parking or
storing "autos" unless that busi-
ness is yours.
(4) Anyone other than your "em-
ployees", partners (if you are a
partnership), members (if you
are a limited liability company),
or a lessee or borrower or any of
their "employees", while moving
property to or from a covered
"auto".

A partner (if you are a partner-
ship), or a member (if you are a
limited liability company), for a
covered "auto" owned by him or
her or a member of his or her
household.
(3)
(5)
c. Anyone liable for the conduct of an
"insured" described above but only
to the extent of that liability.

2. Coverage Extensions
a. Supplementary Payments.

We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail
bonds (including bonds for re-
lated traffic law violations) re-
quired because of an "accident"
we cover. We do not have to
furnish these bonds.
(3)
The cost of bonds to release at-
tachments in any "suit" against
the "insured" we defend, but
only for bond amounts within
our Limit of Insurance.
(4) All reasonable expenses incurred
by the "insured" at our request,
including actual loss of earnings
up to $250 a day because of
time off from work.
(5)
All costs taxed against the "in-
sured" in any "suit" against the
"insured" we defend.
(6) All interest on the full amount of
any judgment that accrues after
entry of the judgment in any
"suit" against the "insured" we
defend, but our duty to pay in-
terest ends when we have paid,
offered to pay or deposited in
court the part of the judgment
that is within our Limit of Insur-
ance.

These payments will not reduce the
Limit of Insurance.
b. Out of State Coverage Extensions.

While a covered "auto" is away from
the state where it is licensed we will:
(1) Increase the Limit of Insurance
for Liability Coverage to meet
the limits specified by a compul-
sory or financial responsibility
law of the jurisdiction where the
covered "auto" is being used.

This extension does not apply to
the limit or limits specified by
any law governing motor carriers
of passengers or property.
(2) Provide the minimum amounts
and types of other coverages,
such as no-fault, required of out-
of-state vehicles by the jurisdic-
tion where the covered "auto" is
being used.

We will not pay anyone more than
once for the same elements of loss
because of these extensions.

B. Exclusions
This insurance does not apply to any of the
following:

1. Expected Or Intended Injury
"Bodily injury" or "property damage" ex-
pected or intended from the standpoint
of the "insured".

2. Contractual
Liability assumed under any contract or
agreement.

But this exclusion does not apply to li-
ability for damages:
a. Assumed in a contract or agreement
that is an "insured contract" pro-
vided the "bodily injury" or "prop-
erty damage" occurs subsequent to
the execution of the contract or
agreement; or
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b. That the "insured" would have in the
absence of the contract or agree-
ment.

3. Workers' Compensation
Any obligation for which the "insured"
or the "insured's" insurer may be held
liable under any workers' compensation,
disability benefits or unemployment com-
pensation law or any similar law.

4. Employee Indemnification And Employ-
er's Liability
"Bodily injury" to:
a. An "employee" of the "insured"
arising out of and in the course of:
(1) Employement by the "insured";
or
(2) Performing the duties related to
the conduct of the "insured's"
business; or
b. The spouse, child, parent, brother or
sister of that "employee" as a con-
sequence of Paragraph a. above.

This exclusion applies:
(1) Whether the "insured" may be
liable as an employer or in any
other capacity; and
(2) To any obligation to share dam-
ages with or repay someone else
who must pay damages because
of the injury.

But this exclusion does not apply to
"bodily injury" to domestic "employees"
not entitled to workers' compensation
benefits or to liability assumed by the
"insured" under an "insured contract".

For the purposes of the Coverage Form,
a domestic "employee" is a person en-
gaged in household or domestic work
performed principally in connection with
a residence premises.

5. Fellow Employee
"Bodily injury" to any fellow "employee"
of the "insured" arising out of and in the
course of the fellow "employee's" em-
ployment or while performing duties re-
lated to the conduct of your business.

6. Care, Custody Or Control
"Property damage" to or "covered
pollution cost or expense" involving
property owned or transported by the
"insured" or in the "insured's" care, cus-
tody or control. But this exclusion does
not apply to liability assumed under a
sidetrack agreement.

7. Handling Of Property
"Bodily injury" or "property damage" re-
sulting from the handling of property:
a. Before it is moved from the place
where it is accepted by the "insured"
for movement into or onto the cov-
ered "auto"; or
b. After it is moved from the covered
"auto" to the place where it is finally
delivered by the "insured".

8. Movement Of Property By Mechanical
Device
"Bodily injury" or "property damage" re-
sulting from the movement of property
by a mechanical device (other than a
hand truck) unless the device is attached
to the covered "auto".

9. Operations
"Bodily injury" or "property damage"
arising out of the operation of:
a. Any equipment listed in Paragraphs

6.b. and 6.c. of the definition of "mo-
bile equipment"; or
b. Machinery or equipment that is on,
attached to, or part of, a land vehicle
that would qualify under the defini-
tion of "mobile equipment" if it were
not subject to a compulsory or finan-
cial responsibility law or other motor
vehicle insurance law where it is li-
censed or principally garaged.

10. Completed Operations
"Bodily injury" or "property damage"
arising out of your work after that work
has been completed or abandoned.

In this exclusion, your work means:
a. Work or operations performed by
you or on your behalf; and
b. Materials, parts or equipment fur-
nished in connection with such work
or operations.

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Your work includes warranties or repre-
sentations made at any time with respect
to the fitness, quality, durability or per-
formance of any of the items included in
Paragraphs a. or b. above.

Your work will be deemed completed at
the earliest of the following times:
(1) When all of the work called for in
your contract has been completed.
(2) When all of the work to be done at
the site has been completed if your
contract calls for work at more than
one site.
(3)
When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or sub-
contractor working on the same pro-
ject.

Work that may need service, main-
tenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as complet-
ed.

11. Pollution
"Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of "pollu-
tants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by,
handled, or handled for move-
ment into, onto or from, the cov-
ered "auto";
(2) Otherwise in the course of
transit by or on behalf of the
"insured"; or
Being stored, disposed of, treat
ed or processed in or upon the
covered "auto";
b. Before the "pollutants" or any prop-
erty in which the "pollutants" are
contained are moved from the place
where they are accepted by the "in-
sured" for movement into or onto
the covered "auto"; or
c. After the "pollutants" or any prop-
erty in which the "pollutants" are
contained are moved from the cov-
ered "auto" to the place where they
are finally delivered, disposed of or
abandoned by the "insured".
(3)
Paragraph a. above does not apply to
fuels, lubricants, fluids, exhaust gas-
es or other similar "pollutants" that
are needed for or result from the
normal electrical, hydraulic or me-
chanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep,
migrate, or are discharged, dis-
persed or released directly from
an "auto" part designed by its
manufacturer to hold, store, re-
ceive or dispose of such "pollu-
tants"; and
(2) The "bodily injury", "property
damage" or "covered pollution
cost or expense" does not arise
out of the operation of any
equipment listed in Paragraphs

6.b. and 6.c. of the definition of
"mobile equipment".

Paragraphs b. and c. above of this
sion do not apply to "accidents"
occur away from premises owned
rented to an "insured"
"pollutants" not in or
"auto" if:

12. War
exclu-
that
by or
with respect to
upon a covered
(1) The "pollutants" or any property
in which the "pollutants" are
contained are upset, overturned
or damaged as a result of the
maintenance or use of a covered
"auto"; and
(2) The discharge, dispersal, seep-
age, migration, release or escape
of the "pollutants" is caused di-
rectly by such upset, overturn or
damage.
"Bodily injury" or "property damage"
arising directly or indirectly out of:
a. War, including undeclared or civil
war;
b. Warlike action by a military force,
including action in hindering or de-
fending against an actual or expect-
ed attack, by any government,
sovereign or other authority using
military personnel or other agents;
or
c. Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering
or defending against any of these.

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13. Racing
Covered "autos" while used in any pro-
fessional or organized racing or demoli-
tion contest or stunting activity, or while
practicing for such contest or activity.

This insurance also does not apply while
that covered "auto" is being prepared for
such a contest or activity.

C. Limit Of Insurance
Regardless of the number of covered
"autos", "insureds", premiums paid, claims
made or vehicles involved in the "accident",
the most we will pay for the total of all
damages and "covered pollution cost or ex-
pense" combined, resulting from any one
"accident" is the Limit of Insurance for Liabil-
ity Coverage shown in the Declarations.

All "bodily injury," "property damage" and
"covered pollution cost or expense" resulting
from continuous or repeated exposure to
substantially the same conditions will be con-
sidered as resulting from one "accident".

No one will be entitled to receive duplicate
payments for the same elements of "loss"
under this Coverage Form and any Medical
Payments Coverage Endorsement, Uninsured
Motorists Coverage Endorsement or Underin-
sured Motorists Coverage Endorsement at-
tached to this Coverage Part.

SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverage

1. We will pay for "loss" to a covered
"auto" or its equipment under:
a. Comprehensive Coverage. From any
cause except:
(1) The covered "auto's" collision
with another object; or
(2) The covered "auto's" overturn.
b. Specified Causes of Loss Coverage.

Caused by:
(1)
(2)
(3)
(4)
(5)
(6)
Fire, lightning or explosion;
Theft;
Windstorm, hail or earthquake;
Flood;
Mischief or vandalism; or
The sinking, burning, collision or
derailment of any conveyance
transporting the covered "auto".
c. Collision Coverage. Caused by:
(1) The covered "auto's" collision
with another object; or
(2) The covered "auto's" overturn.

2. Towing.

We will pay up to the limit shown in the
Declarations for towing and labor costs
incurred each time a covered "auto" of
the private passenger type is disabled.

However, the labor must be performed at
the place of disablement.

3. Glass Breakage - Hitting a Bird or Ani-
mal - Falling Objects or Missiles.

If you carry Comprehensive Coverage for
the damaged covered "auto", we will
pay for the following under Comprehen-
sive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or
animal; and
c. "Loss" caused by falling objects or
missiles.

However, you have the option of having
glass breakage caused by a covered
"auto's" collision or overturn considered
a "loss" under Collision Coverage.

4. Coverage Extensions
a. Transporation Expenses
We will pay up to $20 per day to a
maximum of $600 for temporary
transportation expense incurred by
you because of the total theft of a
covered "auto" of the private pas-
senger type. We will pay only for
those covered "autos" for which you
carry either Comprehensive or Speci-
fied Causes of Loss Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theft
and ending, regardless of the poli-
cy's expiration, when the covered
"auto" is returned to use or we pay
for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we
will pay expenses for which an "in-
sured" becomes legally responsible
to pay for loss of use of a vehicle
rented or hired without a driver, un-
der a written rental contract or
agreement. We will pay for loss of
use expenses if caused by:
(1) Other than collision only if the
Declarations indicate that Com-
prehensive Coverage is provided
for any covered "auto";
CA 00 01 03 06
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(2) Specified Causes Of Loss only if
the Declarations indicate that
Specified Causes Of Loss Cov-
erage is provided for any cov-
ered "auto; or
Collision only if the Declarations
indicate that Collision Coverage
is provided for any covered
"auto".

However, the most we will pay for
any expenses for loss of use is $20
per day, to a maximum of $600.
(3)
B. Exclusions

1. We will not pay for "loss" caused by or
resulting from any of the following. Such
"loss" is excluded regardless of any oth-
er cause or event that contributes con-
currently or in any sequence to the
"loss".
a. Nuclear Hazard.
(1) The explosion of any weapon
employing atomic fission or fu-
sion; or
(2) Nuclear reaction or radiation, or
radioactive contamination, how-
ever caused.
b. War or Military Action.
(1) War, including undeclared or civ-
il war;
(2) Warlike action by a military
force, including action in hinder-
ing or defending against an ac-
tual or expected attack, by any
government, sovereign or other
authority using military person-
nel or other agents; or
Insurrection, rebellion, revolu-
tion, usurped power or action
taken by governmental authority
in hindering or defending against
any of these.

2. We will not pay for "loss" to any cov-
ered "auto" while used in any profes-
sional or organized racing or demolition
contest or stunting activity, or while
practicing for such contest or activity. We
will also not pay for "loss" to any cov-
ered "auto" while that covered "auto" is
being prepared for such a contest or ac-
tivity.
(3)

3. We will not pay for "loss" caused by or
resulting from any of the following un-
less caused by other "loss" that is cov-
ered by this insurance:
a. Wear and tear, freezing,
mechanical or electrical break-
down.
b. Blowouts, punctures or other
road damage to tires.

4. We will not pay for "loss" to any of the
following:
a. Tapes, records, discs or other similar
audio, visual or data electronic de-
vices designed for use with audio,
visual or data electronic equipment.
b. Any device designed or used to de-
tect speed measuring equipment
such as radar or laser detectors and
any jamming apparatus intended to
elude or disrupt speed measurement
equipment.
c. Any electronic equipment, without
regard to whether this equipment is
permanently installed, that receives
or transmits audio, visual or data
signals and that is not designed sole-
ly for the reproduction of sound.
d. Any accessories used with the elec-
tronic equipment described in
Paragraph c. above.

Exclusions 4.c. and 4.d. do not apply to:
a. Equipment designed solely for the
reproduction of sound and accesso-
ries used with such equipment, pro-
vided such equipment is
permanently installed in the covered
"auto" at the time of the "loss" or
such equipment is removable from a
housing unit which is permanently
installed in the covered "auto" at the
time of the "loss", and such equip-
ment is designed to be solely op-
erated by use of the power from the
"auto's" electrical system, in or upon
the covered "auto"; or
b. Any other electronic equipment that
is:
(1) Necessary for the normal opera-
tion of the covered "auto" or the
monitoring of the covered
"auto's" operating system; or
CA 00 01 03 06
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(2) An integral part of the same unit
housing any sound reproducing
equipment described in a. above
and permanently installed in the
opening of the dash or console
of the covered "auto" normally
used by the manufacturer for in-
stallation of a radio.

5. We will not pay for "loss" to a covered
"auto" due to "diminution in value".

C. Limit Of Insurance

1. The most we will pay for "loss" in any
one "accident" is the lesser of:
a. The actual cash value of the damag-
ed or stolen property as of the time
of the "loss"; or
b. The cost of repairing or replacing the
damaged or stolen property with oth-
er property of like kind and quality.

2. An adjustment for depreciation and phys-
ical condition will be made in
determining actual cash value in the
event of a total "loss".

3. If a repair or replacement results in bet-
ter than like kind or quality, we will not
pay for the amount of the betterment.

D. Deductible
For each covered "auto", our obligation to
pay for, repair, return or replace damaged or
stolen property will be reduced by the ap-
plicable deductible shown in the Declara-
tions. Any Comprehensive Coverage
deductible shown in the Declarations does
not apply to "loss" caused by fire or light-
ning.

SECTION IV - BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:

A. Loss Conditions

1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of
"loss", either may demand an appraisal
of the "loss". In this event, each party
will select a competent appraiser. The
two appraisers will select a competent
and impartial umpire. The appraisers will
state separately the actual cash value
and amount of "loss". If they fail to
agree, they will submit their differences
to the umpire. A decision agreed to by
any two will be binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the ap-
praisal and umpire equally.

If we submit to an appraisal, we will still
retain our right to deny the claim.

2. Duties In The Event Of Accident, Claim,
Suit Or Loss
We have no duty to provide coverage
under this policy unless there has been
full compliance with the following duties:
a. In the event of "accident", claim,
"suit" or "loss", you must give us or
our authorized representative prompt
notice of the "accident" or "loss".

Include:
(1) How, when and where the "ac-
cident" or "loss" occurred;
(2) The "insured's" name and ad-
dress; and
To the extent possible, the
names and addresses of any in-
jured persons and witnesses.
b. Additionally, you and any other in-
volved "insured" must:
(3)
(1) Assume no obligation, make no
payment or incur no expense
without our consent, except at
the "insured's" own cost.
(2) Immediately send us copies of
any request, demand, order, no-
tice, summons or legal paper re-
ceived concerning the claim or
"suit".
(3)
Cooperate with us in the inves-
tigation or settlement of the
claim or defense against the
"suit".
(4) Authorize us to obtain medical
records or other pertinent infor-
mation.
(5)
Submit to examination, at our
expense, by physicians of our
choice, as often as we reason-
ably require.
c. If there is "loss" to a covered "auto"
or its equipment you must also do
the following:
(1) Promptly notify the police if the
covered "auto" or any of its
equipment is stolen.

CA 00 01 03 06
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(2) Take all reasonable steps to pro-
tect the covered "auto" from fur-
ther damage. Also keep a record
of your expenses for consider-
ation in the settlement of the
claim.
(3)
Permit us to inspect the covered
"auto" and records proving the
"loss" before its repair or dis-
position.
(4) Agree to examinations under
oath at our request and give us a
signed statement of your an-
swers.

3. Legal Action Against Us
No one may bring a legal action against
us under this Coverage Form until:
a. There has been full compliance with
all the terms of this Coverage Form;
and
b. Under Liability Coverage, we agree
in writing that the "insured" has an
obligation to pay or until the amount
of that obligation has finally been
determined by judgment after trial.

No one has the right under this poli-
cy to bring us into an action to deter-
mine the "insured's" liability.

4. Loss Payment - Physical Damage
Coverages
At our option we may:
a. Pay for, repair or replace damaged
or stolen property;
b. Return the stolen property, at our ex-
pense. We will pay for any damage
that results to the "auto" from the
theft; or
c. Take all or any part of the damaged
or stolen property at an agreed or
appraised value.

If we pay for the "loss", our payment
will include the applicable sales tax for
the damaged or stolen property.

5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for
whom we make payment under this Cov-
erage Form has rights to recover dam-
ages from another, those rights are
transferred to us. That person or organi-
zation must do everything necessary to
secure our rights and must do nothing
after "accident" or "loss" to impair
them.

B. General Conditions

1. Bankruptcy
Bankruptcy or insolvency of the "in-
sured" or the "insured's" estate will not
relieve us of any obligations under this
Coverage Form.

2. Concealment, Misrepresentation Or
Fraud
This Coverage Form is void in any case
of fraud by you at any time as it relates
to this Coverage Form. It is also void if
you or any other "insured", at any time,
intentionally conceal or misrepresent a
material fact concerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto";
or
d. A claim under this Coverage Form.

3. Liberalization
If we revise this Coverage Form to pro-
vide more coverage without additional
premium charge, your policy will auto-
matically provide the additional coverage
as of the day the revision is effective in
your state.

4. No Benefit To Bailee - Physical Damage
Coverages
We will not recognize any assignment or
grant any coverage for the benefit of any
person or organization holding, storing
or transporting property for a fee regard-
less of any other provision of this Cov-
erage Form.

CA 00 01 03 06
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5. Other Insurance
a. For any covered "auto" you own,
this Coverage Form provides primary
insurance. For any covered "auto"
you don't own, the insurance pro-
vided by this Coverage Form is ex-
cess over any other collectible
insurance. However, while a covered
"auto" which is a "trailer" is con-
nected to another vehicle, the Liabil-
ity Coverage this Coverage Form
provides for the "trailer" is:
(1) Excess while it is connected to a
motor vehicle you do not own.
(2) Primary while it is connected to
a covered "auto" you own.
b. For Hired Auto Physical Damage
Coverage, any covered "auto" you
lease, hire, rent or borrow is deemed
to be a covered "auto" you own.

However, any "auto" that is leased,
hired, rented or borrowed with a
driver is not a covered "auto".
c. Regardless of the provisions of Para-
graph a. above, this Coverage Form's
Liability Coverage is primary for any
liability assumed under an "insured
contract".
d. When this Coverage Form and any
other Coverage Form or policy cov-
ers on the same basis, either excess
or primary, we will pay only our
share. Our share is the proportion
that the Limit of Insurance of our
Coverage Form bears to the total of
the limits of all the Coverage Forms
and policies covering on the same
basis.

6. Premium Audit
a. The estimated premium for this Cov-
erage Form is based on the expo-
sures you told us you would have
when this policy began. We will
compute the final premium due
when we determine your actual ex-
posures. The estimated total premi-
um will be credited against the final
premium due and the first Named
Insured will be billed for the balance,
if any. If the estimated total premium
exceeds the final premium due, the
first Named Insured will get a re-
fund.
b. If this policy is issued for more than
one year, the premium for this Cov-
erage Form will be computed annu-
ally based on our rates or premiums
in effect at the beginning of each
year of the policy.

7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "ac-
cidents" and "losses" occurring:
a. During the policy period shown in
the Declarations; and
b. Within the coverage territory.

The coverage territory is:
a. The United States of America;
b. The territories and possessions of
the United States of America;
c. Puerto Rico;
d. Canada; and
e. Anywhere in the world if:
(1) A covered "auto" of the private
passenger type is leased, hired,
rented or borrowed without a
driver for a period of 30 days or
less; and
(2) The "insured's" responsibility to
pay damages is determined in a
"suit" on the merits, in the Unit-
ed States of America, the ter-
ritories and possessions of the
United States of America, Puerto
Rico, or Canada or in a settle-
ment we agree to.

We also cover "loss" to, or "accidents"
involving, a covered "auto" while being
transported between any of these places.

8. Two Or More Coverage Forms Or Poli-
cies Issued By Us
If this Coverage Form and any other Cov-
erage Form or policy issued to you by us
or any company affiliated with us apply
to the same "accident", the aggregate
maximum Limit of Insurance under all
the Coverage Forms or policies shall not
exceed the highest applicable Limit of
Insurance under any one Coverage Form
or policy. This condition does not apply
to any Coverage Form or policy issued
by us or an affiliated company specifi-
cally to apply as excess insurance over
this Coverage Form.

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1.1 SECTION V - DEFINITIONS
A. "Accident" includes continuous or repeated
exposure to the same conditions resulting in
"bodily injury" or "property damage".

D.
"Auto" means;

1. A land motor vehicle, "trailer" or semi-
trailer designed for travel on public
roads; or

2. Any other land vehicle that is subject to
a compulsory or financial responsbility
law or other motor vehicle insurance law
where it is licensed or principally ga-
raged.

However, "auto" does not include "mobile
equipment".
"Bodily injury" means bodily injury, sickness
or disease sustained by a person including
death resulting from any of these.
"Covered pollution cost or expense" means
any cost or expense arising out of:

1. Any request, demand, order or statutory
or regulatory requirement that any "in-
sured" or others test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of "pollutants"; or

2. Any claim or "suit" by or on behalf of a
governmental authority for damages be-
cause of testing for, monitoring, cleaning
up, removing, containing, treating, detox-
ifying or neutralizing, or in any way re-
sponding to or assessing the effects of
"pollutants".
"Covered pollution cost or expense" does not
include any cost or expense arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by,
handled, or handled for move-
ment into, onto or from the cov-
ered "auto";
(2) Otherwise in the course of
transit by or on behalf of the
"insured";
Being stored, disposed of, treat-
ed or processed in or upon the
covered "auto"; or
(3)
b. Before the "pollutants" or any prop-
erty in which the "pollutants" are
contained are moved from the place
where they are accepted by the "in-
sured" for movement into or onto
the covered "auto"; or
c. After the "pollutants" or any prop-
erty in which the "pollutants" are
contained are moved from the cov-
ered "auto" to the place where they
are finally delivered, disposed of or
abandoned by the "insured."
Paragraph a. above does not apply to
fuels, lubricants, fluids, exhaust gas-
es or other similar "pollutants" that
are needed for or result from the
normal electrical, hydraulic or me-
chanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep,
migrate, or are discharged, dis-
persed or released directly from
an "auto" part designed by its
manufacturer to hold, store, re-
ceive or dispose of such "pollu-
tants"; and
(2) The "bodily injury," "property
damage" or "covered pollution
cost or expense" does not arise
out of the operation of any
equipment listed in Paragraphs

6.b. or 6.c. of the definition of
"mobile equipment."
Paragraphs b. and c. above do not
apply to "accidents" that occur away
from premises owned by or rented
to an "insured" with respect to "pol-
lutants" not in or upon a covered
"auto" if:
(1) The "pollutants" or any property
in which the "pollutants" are
contained are upset, overturned
or damaged as a result of the
maintenance or use of a covered
"auto"; and
(2) The discharge, dispersal, seep-
age, migration, release or escape
of the "pollutants" is caused di-
rectly by such upset, overturn or
damage.

CA 00 01 03 06
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E. "Diminution in value" means the actual or
perceived loss in market value or resale val-
ue which results from a direct and accidental
"loss".

F. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

G. "Insured" means any person or organization
qualifying as an insured in the Who Is An
Insured provision of the applicable coverage.

Except with respect to the Limit of Insurance,
the coverage afforded applies separately to
each insured who is seeking coverage or
against whom a claim or "suit" is brought.

H. "Insured contract" means:

1. A lease of premises;

2. A sidetrack agreement;

3. Any easement or license agreement,
cept in connection with construction
demolition operations on or within
feet of a railroad;

4. An obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;

5. That part of any other contract or agree-
ment pertaining to your business (includ-
ing an indemnification of a municipality
in connection with work performed for a
municipality) under which you assume
the tort liability of another to pay for
"bodily injury" or "property damage" to
a third person or organization. Tort liabil-
ity means a liability that would be im-
posed by law in the absence of any
contract or agreement.

6. That part of any contract or agreement
entered into, as part of your business,
pertaining to the rental of lease, by you
or any of your "employees", of any
"auto." However, such contract or agree-
ment shall not be considered an "insured
contract" to the extent that it obligates
you or any of your "employees" to pay
for "property damage" to any "auto" re-
nted or leased by you or any of your
"employees".

An "insured contract" does not include
that part of any contract or agreement:
ex -
or
50 a. That indemnifies a railroad for "bod-
ily injury" or "property damage"
arising out of construction or demoli-
tion operations, within 50 feet of any
railroad property and affecting any
railroad bridge or trestle, tracks, road
beds, tunnel, underpass or crossing;
or
b. That pertains to the loan, lease or
rental of an "auto" to you or any of
your "employees", if the "auto" is
loaned, leased or rented with a driv-
er; or
c. That holds a person or organization
engaged in the business of transport-
ing property by "auto" for hire harm-
less for your use of a covered "auto"
over a route or territory that person
or organization is authorized to serve
by public authority.

I. "Leased worker" means a person leased to
you by a labor leasing firm under an agree-
ment between you and the labor leasing firm,
to perform duties related to the conduct of
your business. "Leased worker" does not in-
clude a "temporary worker".

J. "Loss" means direct and accidental loss or
damage.

K. "Mobile equipment" means any of the fol-
lowing types of land vehicles, including any
attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and
other vehicles designed for use princi-
pally off public roads;

2. Vehicles maintained for use solely on or
next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility
to permanently mounted:
a. Power cranes, shovels, loaders, dig-
gers or drills; or
b. Road construction or resurfacing
equipment such as graders, scrapers
or rollers.

CA 00 01 03 06
©ISO Properties, Inc., 2005 Page 12 of 13

5. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above that are not self-pro-
pelled and are maintained primarily to
provide mobility to permanently attached
equipment of the following types:
a. Air compressors, pumps and gener-
ators, including spraying, welding,
building cleaning, geophysical explo-
ration, lighting and well servicing
equipment; or
b. Cherry pickers and similar devices
used to raise or lower workers.

6. Vehicles not described in Paragraphs 1.,

2., 3. or 4. above maintained primarily
for purposes other than the transporta-
tion of persons or cargo. However, self-
propelled vehicles with the following
types of permanently attached equipment
are not "mobile equipment" but will be
considered "autos":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not con-
struction or resurfacing; or
Street cleaning;
(3)
b. Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
c. Air compressors, pumps and
gener£tors, including spraying, weld-
ing, building cleaning, geophysical
exploration, lighting or well servicing
equipment.

However, "mobile equipment" does not in-
clude land vehicles that are subject to a com-
pulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged. Land vehicles
subject to a compulsory or financial respon-
sibility law or other motor vehicle insurance
law are considered "autos".

L. "Pollutants" means any solid, liquid, gaseous
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materi-
als to be recycled, reconditioned or re-
claimed.

M. "Property damage" means damage to or loss
of use of tangible property.

N. "Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or
"property damage"; or

2. A "covered pollution cost or expense",
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which
such damages or "covered pollution
costs or expenses" are claimed and
to which the "insured" must submit
or does submit with our consent; or
b. Any other alternative dispute resolu-
tion proceeding in which such dam-
ages or "covered pollution costs or
expenses" are claimed and to which
the insured submits with our con-
sent.

O. "Temporary worker" means a person who is
furnished to you to substitute for a perma-
nent "employee" on leave or to meet sea-
sonal or short-term workload conditions.

P. "Trailer" includes semitrailer.

CA 00 01 03 06
©ISO Properties, Inc., 2005 Page 13 of 13

ENDORSEMENT AGREEMENT
STATE

COMPENSATION

INSURANCE
FUND

HOME OFFICE

SAN FRANCISCO

WAIVER OF SUBROGATION

BLANKET BASIS
EFFECTIVE JULY 1,

AND EXPIRING JULY

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

TURBO DATA SYSTEMS INC
18302 IRVINE BLVD STE 200
TUSTIN, CA 92780
AT 12.01 A.M.
1, AT 12.01 A.M.

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
9103640 -

RENEWAL
SP
PAGE 1 OF 1

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

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER; WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:

JUNE 23, 2020

AUTHORIZED REPRESENT IVE PRESIDENT AND CEO
SCIF FORM 10217 (REV.4-2018)
2572
OLD DP 217

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: FIRE CHIEF
DATE: JULY 11, 2023
SUBJECT: CONSENT TO ASSIGNMENT AND ASSUMPTION OF CONTRACT FISCAL
IMPACT: NONE
SUMMARY:

On June 4, 2019, the City Council voted to establish the Placentia Fire & Life Safety Department (PFLSD). As part of that decision, the City Council directed the City Administrator to take the necessary steps to implement the Department, which includes taking steps to ensure that buildings within City limits are regularly inspected for fire safety.

On October 4, 2021, a Professional Services Agreement (PSA) was executed with Dennis Grubb and Associates, LLC (DGA) to provide the PFLSD with various fire prevention related services including, but not limited to, fire plan review, fire prevention inspections, and acting as the City's Fire Marshal.

The City is in receipt of a request from Dennis Grubb and Associates, LLC (DGA) to approve the attached Consent to Assignment and Assumption of Contract regarding the acquisition of the assets of Dennis Grubbs and Associates LLC by Willdan Engineering (WE).

DGA is assigning all rights, duties, obligations, titles, interests, and liabilities in and to that certain Professional Agreement between DGA and the City of Placentia, as amended, and all related orders and statements of work (collectively, the Agreement), to WE.

RECOMMENDATION:

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

1. Approve the attached Consent to Assignment and Assumption of Contract document; and.

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

1.g.

July 11, 2023

City Council Agenda
July 11, 2023
Page2of2
STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure that Public Safety Continues to be a High Priority, under Objective 2.8 which is to endeavor to maintain and improve Fire Department compliance.

DISCUSSION:

Fire prevention services are an integral part of a full -service municipal fire department. The State of California determines that certain businesses require fire inspections as part of their ongoing operations. The PFLSD was not initially set up to independently begin these inspections or review fire plans without utilizing the services of an experienced consultant. When the initial contract was drafted, several fire prevention agencies were contacted to submit proposals, and ultimately Dennis Grubb and Associates, LLC was awarded a contract due to their pricing and record of excellent service within Orange County. Ultimately, we were provided with a team of people to review fire plans and to inspect local businesses in Placentia.

The approval of the attached Consent to Assignment and Assumption of Contract will have no effect on the services provided to the City of Placentia Fire and Life Safety Department by Willdan Engineering.

Prepared by: Revie ed and approved:

Ama\ida Horner
Fire Marshal
Reviewed and approved:

J
Damien R�Arm a
City Administrator
J _ .n Dobine
Fir Chief
Attachment:

Consent to Assignment and Assumption of Contract: Dennis Grubbs & Associates LLC by Willdan Engineering (WE).

CONSENT
TO

ASSIGNMENT AND ASSUMPTION
OF

CONTRACT
Effective as of the closing of the acquisition of the assets of Dennis Grubbs & Associates LLC ("DGA") by Willdan Engineering ("WE"), City of Placentia ("Client") hereby consents to the assignment of all rights, duties, obligations, title, interests and liabilities of DGA in and to that certain Professional Services Agreement between Client and DGA dated October 26, 2021, as amended, and all related orders and statements of work (collectively, the "Agreement"), to WE, the assumption by WE of DGA's obligations under the Agreement, and the release of DGA from all obligations under the Agreement.

Client hereby agrees and acknowledges that, as of the date hereof, (i) no party to the Agreement is in default in the performance of any covenant, agreement, or condition contained in the Agreement, and (ii) the Agreement remains valid and is in full force and effect.

Upon the closing of the transaction between DGA and WE, the parties will deliver to Client an executed assignment and assumption agreement. In the event the transaction between DGA and WE does not close, this consent will be of no effect.

Dated: , 2023 City of Placentia
By:

Print:

Title:

Placentia Cit Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: JULY 11, 2023
SUBJECT: ACCEPTANCE OF RESIGNATION FROM THE PLANNING COMMISSION FISCAL
IMPACT: NONE
SUMMARY:

The City has received a letter of resignation from Planning Commissioner Claudia Keller. This action accepts the above indicated resignation and extends the City's sincere appreciation for her service to the community.

RECOMMENDATION:

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

1. Accept the resignation of Claudia Keller from the Planning Commission; and

2. Update the City's master Commission/Committee vacancy list to include the vacancy on the Planning Commission.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Plan to:

Increase Community Engagement (Goal 4), as this action will accept the resignation of one long serving Planning Commissioner, resulting in an opportunity for another community member to serve on Planning Commission and become engaged with the community. This item also furthers Goal 8 to Improve City Governance as the seven -member Planning Commission requires full membership to operate optimally, and this action accepts the resignation of one member and recommends the future appointment of a new Commission member, resulting in a full seven - member Commission consistent with the City Charter.

1.h.

July 11, 2023

City Council Agenda
July 11, 2023

Page 2 ends

DISCUSSION:

Ms. Keller has served on the Planning Commission since March 2017. During her impressive tenure on the Commission, she has been part of the team which has recommended approval of the TOD Plan and rezoning, the Old Town Revitalization Plan and rezoning, the 2019 General Plan Update, 2022 Housing Element Update, and numerous significant developments citywide.

Ms. Keller has indicated her desire to resign from the Commission via correspondence dated June 12, 2023. Appointment to this and other vacancies are anticipated to be made as part of the City's Commission/Committee application/recruitment process.

Prepared by: Reviewed and approved:

Joseph M. Lambert
Director of Development Services
Damien R. Arrula
City Administrator
Attachment:

Resignation Correspondence from Claudia Keller

From: Clauc.ia Keller
To: Joseph Lambert
Subject: Re: Regular Meeting of the Planning Commission to be held on June 13, 2023 Date: Monday, June 12, 2023 8:11:55 PM
Importance: High
EMAIL FROM EXTERNAL SOURCE: Don't reply, click on a link or open an attachment unless you recognize the sender and know the content to be safe. If you believe this email to be unsafe, please use the Report Phisi button in Outlook to notify the IT department.

Thanks for your understanding Joe. My life has got too complicated and I don't feel I can do the Planning Commission right given my bandwidth. Given that, please accept this email as communication of my intention to step-down from the planning commission.

Let's do this. I will plan on June being my last meeting since I will need to miss July. If no- one has been identified and you need quorum, I can make the August meeting if needed.

Does that sounds OK?
It has been an honor and a pleasure to serve. I remain so impressed by the staff commitment to Placentia's growth and advancement,
Best,
Claudia
Claudia Keller
714.812.4235
Master Gardener
Food Banker
Footballer
On Jun 12, 2023, at 7:09 PM, Joseph Lambert wrote:

Commissioner Keller,
As discussed, I hate to lose your services on the Planning Commission! That being said, to get the ball rolling for City Council to officially replace you, I will need you to e-mail me your resignation. You could state that your resignation is effective June 30, or even make it effective July 12 (the day after July PC in case you MAY be present for July 11 PC). That way, I can have City Council accept your resignation and ask them to appoint someone. They may even elect to appoint someone else at the City Council meeting of July 25.

You could simply e-mail me your resignation in the body of an e-mail, that is fine.

See you tomorrow (Tuesday) night!
Thank you,
Joe Lambert I Director of Development Services Development Services Department
City of Placentia 1401 E. Chapman Ave. Placentia, CA 92870 phone: (714) 993-8234 I fax: (714) 961-0283 I e-mail: j ambert©p acentia.org From: Joseph Lambert
Sent: Sunday, June 11, 2023 6:17 PM
To: Claudia Keller
Cc: Carole Wayman
Subject: Re: Regular Meeting of the Planning Commission to be held on June 13, 2023 Hi Claudia,
Yes we have an application or two. Carole will be scheduling interviews hopefully soon.

But we have 7 Commissioners for now.

Thank you
Joe Lambert
Director of Development Services
City of Placentia
Sent from my iPhone
On Jun 11, 2023, at 3:13 PM, Claudia Keller wrote:

EMAIL FROM EXTERNAL SOURCE: Don't reply, click on a link or open an attachment unless you recognize the sender and
know the content to be safe. If you believe this email to be unsafe, please use the Report Phish button in Outlook to notify the IT department.

I"II be there.

Just checking in to see if my replacement is being sought. June could be my last meeting as I will be traveling in July.

Let me know.

C
Claudia Keller
714.812.4235
Master Gardener
Food Banker
Footballer

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
JULY 11, 2023

AGENDA REPORT
TENTATIVE TRACT MAP NO. TTM 19233 PERTAINING TO THE SUBDIVISION OF AN +/- 1.76 ACRE LOT INTO SIX PARCELS LOCATED AT 424 N. NEVIN LANE WITHIN SP -7 (SPECIFIC PLAN 7) ZONING DISTRICT FOR THE

PURPOSE OF FUTURE SINGLE-FAMILY HOME DEVELOPMENT
APPROXIMATELY $137,155 OF TOTAL DEVELOPMENT IMPACT FEE

REVENUE PRIOR TO CONSTRUCTION OF SIX NEW SINGLE-FAMILY

RESIDENCES
At the Planning Commission meeting held June 13, 2023, the Planning Commission voted 4-0-0-3 (3 absent) to recommend approval of TTM 19233 to the City Council. TTM 19233 is a request from the applicant, Blain Meith, representing Realm California, LLC, to subdivide one existing parcel into six developable parcels for property located at 424 N. Nevin Lane within SP -7 (Specific Plan 7). In accordance with Placentia Municipal Code (PMC) Sections 22.72.060 and 22.72.070, the Planning Commission hereby submits a report of its findings and recommends approval of TTM 19233 to the City Council.

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

Adopt Resolution R-2023-54, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and approving Tentative Tract Map No. TTM 19233 pertaining to the subdivision of property located at 424 N. Nevin Lane (Assessor's Parcel Number 341- 433-05) into six developable parcels and making findings in support thereof.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Plan to:

Promote Community and Economic Development (Goal 3), specifically, it will result in further Implementation of Housing Element Strategies, which is listed as Objective Number 3.10 of

1.1. July 11, 2023

City Council Agenda
July 11, 2023
Page2of6
Goal 3. This agenda item will create opportunities for the development of more housing in the City which is a key strategy of the Housing Element.

BACKGROUND:

The project applicant is Blain Meith, who represents Realm California, LLC. The applicant owns and maintains several oil extraction sites in and around the local neighborhood, including the subject site. The request is to subdivide the subject parcel into six developable parcels for future sale and development with single-family residential construction.

PMC Section 22.72.002 requires a Tentative Map for all subdivisions creating five or more parcels and PMC Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of the subdivision map. At the Planning Commission meeting held June 13, 2023, the Planning Commission voted 4-0-0-3 (3 absent), to recommend adoption of a CEQA Exemption and recommend approval of TTM 19233 to the City Council.

DISCUSSION:

The subject site is located within an existing single-family residential neighborhood at 424 N.

Nevin Lane (APN 341-433-05) within the Low Density Residential (LDR) designation of SP -7. The parcel is located south of Hill Street, north of Alta Vista, and sits between Nevin Lane and Tucker Place, with access gates currently located on both Nevin Lane and Tucker Place. The site has historically been utilized for oil extraction operations, with five oil wells located on site. On the

City Council Agenda
July 11, 2023
Page3of6
westerly side of the parcel, facing Nevin Lane, is a large, landscaped slope that runs along the northerly and westerly portion of the parcel. The easterly and southerly portions of the site are not currently landscaped but there is a six-foot block wall that runs along the perimeter of that portion of the property.

The following table shows the lot size of each proposed parcel. Specific Plan 7 Site Development Standards (listed in Table 3 of the Specific Plan 7 document) states the average LDR lot in SP -7 shall be 7,000 square feet on average and at a minimum, lots shall be 6,000 square feet. The proposed lots meet the minimum lot size and are between 6,250 and 14,359 square feet. The proposed subdivision meets the property dimension criteria of SP -7 regarding lot size, as demonstrated in the table below:

Parcel No.

Lot Size (square feet)
Lot Size (acres)
Minimum Required
Lot Size in SP -7
(LDR Designation)
1 14,359 square feet

0.33 acres
6,000 square feet
2 6,250 square feet

0.14 acres
6,000 square feet
3 7,715 square feet

0.18 acres
6,000 square feet
4 8,103 square feet

0.18 acres
6,000 square feet
5 7,124 square feet

0.16 acres
6,000 square feet
6 8,371 square feet

0.19 acres
6,000 square feet
,25.0c F
EX ^.1. 3' . _. ..
102.2--
c x. OIL ,VELJ I
hi QE AeAXCD1
r 16
TO aE A9M UO , .

In+s F. °�4
'1.55.75' --
U. \\

City Council Agenda
July 11, 2023

Page 4 ends

To access the proposed lots from Tucker Place, a private street is proposed in the approximate location of an existing access gate. The street will measure 46 feet in width, with a five-foot sidewalk on the westerly side of the private street which will terminate into a cul-de-sac. The easterly side of the street will feature a two -foot concrete strip (technically not a sidewalk), with a three-foot landscape strip in between the existing block wall and the sidewalk. The two street sections below show the dimensions of Nevin Lane, and what is typical of the existing neighborhood. The section on the right shows the dimensions of the proposed street. Being slightly narrower, it does continue to meet City Standards and Fire Code minimums.

ELY
2R. BORY.
30' 30'
a
2a'

TYPICAL SECTION
NEVIN L\NE

TUCKER PLACE
Nf5
sl'I'IT,:\DDREss: 121 N. NEVIN LANE
10' I I
23'
23'
5'
18'
cF

TYPICAL, SECTION
"A" STRITT (N & S)
The large existing landscaped slope that runs along the northerly and westerly borders of the parcel will remain a landscaped easement and is conditioned to be maintained by the creation of a Homeowners Association (HOA). A portion of that landscaped area will be designated as lettered Lot C, and lettered Lots B and C will be located on either side of the Tract entrance and along the partial length of the private street. Lettered Lots B and C will be fully landscaped and shall be conditioned to be maintained by the future HOA. The proposed private street is designated as lettered Lot A and shall also be conditioned to be maintained by the future HOA.

This Tentative Tract Map will be conditioned to require any development of homes to go through a Development Plan Review (DPR) process, which would require a public hearing. Typically, a development of proposed single-family home does not require a public hearing but undergoes a non -discretionary site plan review. It is staff's intent that the future development of the proposed lots shall be consistent with the surrounding neighborhood, in terms of architectural style and lot development, and any issues pertaining to such things as privacy, noise, lighting, landscaping and maintenance, will be addressed at that time.

Subject Site and Surrounding Land Uses:

The site currently contains five oil wells on proposed Lots 1, 3, 4 and 5, which will be abandoned by CALGEM standards and requirements, as well as in compliance with local Fire Department and Building Division standards. The table below shows surrounding existing land uses, and General Plan and Specific Plan Land Use designations:

City Council Agenda
July 11, 2023

Page 5 of 6 ends

Location
Existing Land
Use
General Plan Land
Use Element
Designation
Zoning Map
Designation
Specific Plan
Land Use
Designation
Subject Site
Vacant
Specific Plan
SP -7 (Specific
Plan 7)
Low Density
Residential
(LDR)
North, South,
East, & West
Single -Family
Residential

Sp ecific Plan
SP -7
LDR
ENVIRONMENTAL:

The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. Staff recommends that the Planning Commission exercise its independent judgment and find that TTM No. 19233 is exempt from CEQA pursuant to State CEQA Guidelines §15332 (Class 32 — Infill Development Projects), as it is consistent with the General Plan and Zoning regulations and occurs on a project site of less than five acres, which are substantially surrounded by urban uses. The project site has no endangered biological habitats, or significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by all required utilities. On June 13, 2023, the Planning Commission recommended that City Council find that this project is exempt pursuant to State CEQA Guidelines §15332.

CONCLUSION:

The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. With the inclusion of the recommended conditions of approval, the proposed subdivision located within the existing SP -7 District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area.

FISCAL IMPACT:

Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Tentative Tract Map will result in six (6) additional lots that will be eligible for development. Based on the zoning designation, one single family residence can be developed on the resulting new lots of parcels 1 through 6. The subsequent construction of six new homes will result in approximately $137,155 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees.

City Council Agenda
July 11, 2023

Page 6 of 6 ends

Prepared by Reviewed and approved:

Les»y \Mfittaker
As ociate fanner
Reviewed and approved:

Jennifer Lampman
Director of Finance
Joseph M. Lambert
Director of Development Services
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachments:

1. Resolution No. R-2023-54 Related to TTM 19233
Attachment A: Conditions of Approval for TTM 19233

2. TTM 19233 Tentative Tract Map

3. Conceptual Building Pads Exhibit

4. Vicinity/Zoning Map

5. Site Photos

6. 300 -foot Radius Ownership Exhibits

RESOLUTION NO. R-2023-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL

EXEMPTION PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE

CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE TRACT MAP NO. TTM 19233

PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 424 N. NEVIN LANE (ASSESSOR'S PARCEL NUMBER 341-
433-05) INTO SIX DEVELOPABLE PARCELS AND MAKING

FINDINGS IN SUPPORT THEREOF
A. Recitals.

WHEREAS, On June 13, 2023, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Tract Map No. TTM 19233 for the property located at 424 N. Nevin Lane.

WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Blain Meith, of REALM California, LLC. ("Applicant" hereinafter), regarding a Tentative Tract Map application and made a recommendation to the City Council of the City of Placentia.

WHEREAS, all 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:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Resolution R-2023-54

Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the "SP -7" (Low Density Residential Designation) Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
b. The proposed use is consistent with the City's General Plan.

The General Plan Land Use designation for the subject site is Specific Plan, and the proposed use does not involve any change in the allowable land use of the subject site.

The proposed project involves the subdivision of a 1.76 -acre parcel into 6 single-family home, low -density, home lots consistent with the "SP -7" (Low Density Residential Designation) Zoning District and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development. c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.107 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Tract Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Tract Map application is to subdivide an existing 1.76 acre parcel into 6 single-family home, low - density, home lots consistent with the "SP -7" (Low Density Residential Designation) Zoning District and the General Plan. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.

Resolution R-2023-54

g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.

Section 3. a. The City Council of the City of Placentia finds that TTM 19233 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15332 (Class 32 — Infill Development Project) as this subdivision will result in the division of property in an urbanized area zoned for residential use and located in an infill area, consisting of less than five acres The division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed subdivision for condominium purposes to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.

Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Tract Map 19233, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.

PASSED, ADOPTED and APPROVED this 11th day of July 2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
Resolution R-2023-54

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 of the City of Placentia, held on the 11th day of July 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Resolution R-2023-54

Attachment A
Special Conditions of Approval for
Tentative Tract Map No. TTM 19233
424 N. Nevin Lane (APN: 341-433-05)

SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.

ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD

DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE TENTATIVE TRACT MAP TO CONTINUE IN GOOD STANDING.

DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:

1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.

2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.

The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.

3. Approval of TTM 19233 and the resulting Final Map is contingent upon City Council approval.

4. TTM 19233 shall expire twenty-four (24) months after City Council approval or conditional approval if a final map is not recorded. Upon written request by the developer the time limit may be extended an additional twelve (12) months by City Council.

The developer of the six (6) parcels shall be required to submit for a Development Plan Review (DPR), which will require a public hearing for the review of proposed building plans for subject parcels.

L494-031 -- 1788873.1

6. The establishment of a Homeowner's Association (HOA) will be required for the owners of the six (6) future lots. The Homeowner's Association (HOA) will be required to repair/maintain the proposed private street, as well as the landscaping that is existing and proposed on Lots A, B, C.

7. The developer/owner of each resulting lot shall be required to form/join any applicable Homeowner's Association (HOA) that the properties fall within the boundaries of.

8. The developer/owner of each resulting lot shall require HOA (if applicable) review of any landscape or wall/fence plans.

9. A final map shall be prepared by or under the direction of a registered Civil Engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.

10. TTM 19233 and the related Final Map shall comply with the applicable requirements of Title 22 (Subdivisions) of the Placentia Municipal Code.
11 Any modifications to the approved TTM and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.

12. Prior to final release of any future buildings for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved.

13. Prior to the development of the parcels, the Applicant will provide certification of well abandonment from CALGEM (California Geologic Energy Management Division) and any mitigation measures needed for development atop and/or in proximity of any oil wells.

14. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy.

Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the Resolution No. PC -2023-54

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property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way.

15. Developer shall pay in full to the City of Placentia, any and all applicable citywide Development Impact Fees (including, but not limited to fees relating to recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, and public safety impacts) adopted by and set forth by the City Council, as set forth in Chapter 5 of the Placentia Municipal Code, in effect at the time building permits are issued prior to issuance of the first building permit for each respective property.

16. Developer and/or property owner agrees to approve the incorporation of the project into Community Facilities District No. CFD 2014-01 (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. Said annexation into CFD No. 2014- 01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.

17. Developer and/or property owner agrees to approve the incorporation of the project into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into LMD No. 1992-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.

18. Developer and/or property owner agrees to approve the incorporation of the project into the Street Lighting District No. SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into SLD No. 1981-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.

19. Developer and/or property owner agrees that the City may, at its sole election, require that, instead of annexing into SLD 1981-01 and/or LMD 1992-1, the project shall be incorporated into a Community Facilities District to be created by the City pursuant to the provision of California Government Code Section 53311, et seq; the purpose of which, and the initial amount of the taxes and assessments thereunder, will be substantially the same, in whole or in part, as SLD 1981-1 and/or LMD 1992-1. Developer and/or property owner agrees to approve the incorporation of the project into said Community Facilities District, provided that the incorporation of the new CFD does not otherwise delay the development of the project; in which event the project shall instead be annexed into SLD 1981-01 and/or LMD 1992-

1. Any automatic fee increases for the Community Services District shall not be inconsistent with the approved rate study.

DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISON

20. Since, the boundary of the (E) and (N) parcels are involved the final map shall be prepared, sealed and signed by a California licensed land surveyor or a California licensed civil engineer who had been licensed prior to January 1980.

21. Complete orientation of the proposed lines between the seven parcels shall be addressed on the Tentative Tract 19233.

Resolution No. PC -2023-54

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22. The parcels map after being approved by the City shall be recorded by the Orange County Recording Office.

PUBLIC WORKS - ENGINEERING DIVISION

23. All improvement and grading plans shall be drawn on twenty-four (24) inches by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.

24. The following items are required for the entitlement review:
a. Preliminary grading and drainage plan.
b. Preliminary geotechnical report.
c. Preliminary hydrology/drainage study.
d. Preliminary Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template.
e. Sewer capacity study.

25. Prior to issuance of Certificate of Occupancy or building final, all existing and new utilities including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on -site shall be placed underground in accordance with the City of Placentia standards and ordinances.

26. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and/or relocation of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly relocated and/or disconnected. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.

27. Prior to issuance of a Certificate of Occupancy, the engineer of record shall submit all approved project and site improvements plans on an AutoCAD DWG and DFX formatted Compact Disc (CD) to the Public Works Department. The applicant shall pay for and provide the City with copies of as -built plans.

28. Recent title report to clarify the ownership and all easements on the property.

29. Provide an erosion control, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during and post excavation activities.

GRADING

30. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall Resolution No. PC -2023-54

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comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline. Website available at
( http://ocwatersheds.com/publiced/residents/glltd) Particular attention should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, and assignment of long-term maintenance responsibilities.

The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.

31. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long-term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval. Website available at ( http://www.placentia.org/index.aspx?nid=262)

32. Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Storm water Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.

33. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.

Resolution No. PC -2023-54

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34. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site -specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site.

As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures. The recommendations shall be implemented by the Applicant.

35. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department.

36. All private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.

37. The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.

38. Surety and agreement guaranteeing completion of all on -site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.

39. The final grading plan for this parcel shall be substantially the same, specifically regarding pad elevations, size, and configuration as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Development Services Director and the City Engineer may refer the matter to the Planning Commission for an opinion before deciding.

40. All parking, common, and storage areas shall be lighted to maintain a minimum of 1 -foot candle power. These areas should be lighted from sunset to sunrise and be on photo censored cell.

41. The site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia.

42. The applicant shall provide a quitclaim or relocation of existing easements as applicable in the plan review process prior to issuance of grading permit.

Resolution No. PC -2023-54

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43. Provide and identify all pavement and driveway paving materials used inside and outside of the development areas. Identify all storm drain structures, types, sizes, and specifications on the plans.

44. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD. Golden State Water Company currently operates a water well pump at the northwest corner of Bradford Avenue and Crowther Avenue.

Public Improvements and Construction

45. Applicant shall be responsible for reconstruction of the existing pavement within the limits of the project. The applicant shall provide street resurfacing using grind to a depth of 2 -inch and 2 -inch overlay. Applicant may also be responsible for reconstruction of the driveway approaches, sidewalks, curb and gutters, streetlights, and street trees as determined by the City Engineer. The limit of the paving shall include full width of the street along the entire property frontage.

46. All public improvements shown on the plans and the map shall be constructed to the City of Placentia's standards, ordinances, policies.

47. Prior to issuance of 1st occupancy permit, all new public improvements including curb, gutter, sidewalk, asphalt concrete pavement, and streetlights within property boundaries shall be constructed satisfactorily to the City Engineer.

48. Improvement plans shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer.

49. All ADA improvements constructed within the public right of way must meet the latest ADA and CBC standards and will require CASp inspection during construction and be certified by the CASp inspector. All CASp inspection and related activities shall be provided and paid for by the applicant and the developer.

50. Prior to recordation of final map or issuance of building permit if recordation has already been accomplished, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards and the City Code, including, but not limited to the following:

51. Street improvement including, but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate.
a. Storm drain facilities
b. Landscaping
Resolution No. PC -2023-54

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c. Sewer systems
d. Street lighting
Storm Drain Improvements and Construction

52. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the Public Works Director.

53. Drainage easements, when required, shall be shown on the grading plans, and noted as follows: "Drainage Easement - no buildings, obstructions, or encroachments by landfills are allowed."

54. The project shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual. The project development shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. If the quantities exceed the existing downstream capacity, the developer shall provide adequate drainage facilities to mitigate the impact as approved by the City Engineer.

55. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 -year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.

56. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.

57. Drainage facilities with sump conditions shall be designed to convey the tributary 100 -year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.

Sewer Tine Improvements and Construction

58. Sewer flow calculations justifying pipeline design and connection to the main shall be prepared by a registered civil engineer and submitted as a part of an improvement plan for approval by the City Engineer. Provide sewer capacity analysis in Resolution No. PC -2023-54

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accordance with the City's Guidelines to evaluate the proposed sewer flow rates into the City sewer system using current flow rate and for pipeline capacity availability.

Please see attached "Sewer Capacity Guidelines."

59. Prior to issuance of building permits, the developer's engineer shall analyze and mitigate any sewer system deficiencies for all phases of the proposed development.

Results of the system analysis may require special construction such as booster pumps, upsize the downstream pipes and backwater valves. The engineering analysis and special construction requirements shall be subject to review and approval of City Engineer.

60. Onsite water improvement and fire protection plans shall be approved by the Fire Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.

61. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as required by the Orange County Fire Authority and satisfaction to the City Engineer.

62. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.

63. Installation of new sanitary sewer manholes may be required at the discretion of the City Engineer and OCSC. All sanitary sewer improvements shall be in accordance with the latest OC Public Works Department Standards.

Traffic

64. Provide new and modify the existing striping modifications within the limits of the new paving and the project.

Final Map

65. Applicant shall provide a quitclaim or relocation of any existing easements that affect the proposed development.

66. The applicant shall prepare and submit a preliminary title report not older than 90 days.

67. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement for providing the necessary right-of-way design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.

Resolution No. PC -2023-54

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68. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer.

69. This project falls under the City's Municipal Code: 8.04.390 Special requirements for construction/deconstruction waste. This is to ensure the diversion of at least fifty (50) percent of all construction/deconstruction waste generated within the city the following special requirements apply to all covered projects as listed in Section

8.04.400:

70. All contractors or owner -builders applying for a permit are required to complete a project form and attest that only an authorized city agent will be used to haul debris and other solid waste generated by that project.

71. All contractors or owner -builders are required to place a deposit with the city to ensure their compliance with the required use of an authorized city agent. The specific deposit amount shall be an equivalent to One (1.00) percent of the total project value.

72. Upon completion of the project, and if proof deemed satisfactory by the city confirms that all solid waste hauling for that project was done by an authorized city agent then a full refund of the deposit will be made. Acceptable forms of proof are weight tickets, collection receipts, billings, or similar statements from an authorized city agent showing that they performed solid waste collection at the location established for that project. It is the contractor's or owner -builders' responsibility to provide receipts covering all hauling activity for that project. Failure to provide complete records will be deemed as noncompliance.

73. Failure to provide receipts or other acceptable proof of compliance for all solid waste hauling on a project will result in the forfeiture of one hundred (100) percent of deposited funds. (O-2011-08 § 2, 2011)

PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT

74. A Stand-alone residential site plan is required for the proposed residence. Provide a detailed site plan that shows compliance with CFC 503. The site plan shall indicate the square footage of the proposed residence. Indicate on the site plan the location of the nearest fire hydrant to the property line. Prior to the approval of the site plan, the following items shall be addressed:

75. Evidence of sufficient Fire flow if 1,500 GPM for 2 hours shall be provided to the City of Placentia. The City of Placentia Building and Fire Marshal Water Availability/Fire Flow Form shall be utilized.

Resolution No. PC -2023-54

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76. The property is located in an Administrative Boundary as indicated by the Division of Oil, Gas and Geothermal Resources (CALGEM). These are areas that have the potential for methane soil contamination. If the methane report indicates elevated levels of methane, methane mitigation will be required for the proposed structure.

Resolution No. PC -2023-54

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CF - OMB FACE
R/W - MOOT Or WAY

P - PUNTER
NOTES:

2. TF NTATIVE
RACT No0 19233

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE,
STATE OF CALIFORNIA.

BEING A SUBDIVISION OF I.OT NO. 225 OF TRACI. NO. 11161, AS PER }CAP RECORDED) IN ROOK 073, PAGES 37-4A INCLUSIVE, MISCELLANEOUS MAPS. IN TUNE OFFICE OF TIDE COUNTY RECORDER, ORANGE COUNT V. CALIFORNIA.
6 LOTS 1.76 ACRES (NET & GROSS) NIA 2023
SUBDIVIDER: PREPARED BY:
i l.Di 0lIIImmu...II'
17145 P Smlh K,5 50a.Avem", rI43
\ Div EEILA, CA WOOL
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Proposed Use: Single Family Residential.

Development of Lots: For sale 03 Lats.

3. Al Existing Structures On Site To Be Demolished.

4. Flood Zone '0'.

5. &laeseors Parcel No_ 341-433-05

6. Subdivider intends to comply with all requirements in Chapters 20.20,22.16 through 22.64 and other lows of the City in regards to conatrudan and 9ronon control
]. Specific Plan 7 Zoning District
B. Existing perimeter block walls to remain except al private street entrance.

9. Existing lop of elope tenement block smile to remain. krvs CIVIL uNGINEXHING CORE
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MISSION VIFKI. Cn 5.01
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PITS NOTES:

1. NI lire lone signs or red curb areas shall be shown on o site plan approved by the PFLS.

2. All structures will be protected with an approved automatic lire sprinkler system.

IL I NonlAi A KIN:. 111il'OHL AND S I,A'I L S IOA'I' 'III.ON'NI:NIS P ZION 1'HOPLH EN CON IV' A...I ILL PROPOEUD BUDDI\ XL
i'nm'annnonnrvnsT&,' ',', vaTnnilsan-r'n -"nm.
111OMAS A.K
OA MD 1-111S 1O DAY OH MAE NUJ
SIIEET 1 OF I

TYPICAL SECTION
PRIVATE "A" STREET (N & S)
Its

LOT SUMMARY
SLOPE le LANDSCAPE
LOT No.

COT AREA (sr.)
EASEg'MENT AREA (SF.)
USEABLE LOT (s.F.)
I

11.07 6,277.2
51910
2 6250
I,JI54
4,204,6
3 7,775
996.2
0776.6
4 41a5
674.2
74262

7.124
324.1

6.796
6 0377
05 0367.5
O
2666
2362.2
5056
TOTAL IL9711
e
L671
A
24,106
1 C161 KM: 6713/55.41
900 302
IS
7-1T'
AD 302 2
S9 BLLOC% WA.16 LL
110
60 IL6.7
de µ • 1111'J1111'Jq
313
1111
111
w
U
5 O
As
o

CONCRETE BLOCK WALL
95CAPE AN,
SUBDIVIDER:
1141FA,,21,I 10o,10.0,•
1714I'S.unb Ileori. A.enne. 6115
ENIIAA CA 9x03
Contact: Main NEW] 983130.9145
FEN, nitith@c41, cam
PAD -247.0
_W U
LS
TC
UTILITY PURVEYORS: FS
WATER: GOLDEN STATE WAFER COMPANY
1920 W. CORPORATE WAY
NYNEX CA 92801
SEWER: CITY OF PLACENTA

DEPARTMENT OF PUBLIC BORNS
401 E. CENAVIN AVENUE
PLACENTA. A. Cl. CA 0 92610
OAS:

FF
CF
MV.

IC
CF
52211270 0500094 fu Ca. R/W

5. STALE 102100E MVO.. SUIt 0
ANHLM, CA 92830
010015$: SOUTHERN CANORNA 00000 CO
631 VNIHCA DRIVE
N.M.. CA gran
TRASH: RFP110L10 DISPOSAL SUNK.

TELEPHONE,

CUM STREET
ELEPHONE: AT&T
E CONOIL.DO Cr. SECOND FLOOR
NARDI. CA D2601
CARE IV: NAPE -WARNER

TENTATIVE SITE PLAN
PREPARED BE:

KING CIVIL LNGIN'I:l,UlNG COIU'
I6102 I.1'AIIIYO DRIVE
111&5105 VITOO, CA 93691
ConNEE 1'on King 714.9 .

YinNf.l@eam,Ink n•t
LEGEND
— PROPO4D PAD ELEVATION
— PROPOSED LOT NUYBCR

SEW MAIN
— - ENSTNC WATER MAN
— DOSING PRE HWIRANr
— PROPOSED SENOR MAR
— PROPOSED WA NAN
— PROPOS FIREED ',VIBRANT
— PROPOSED CRATE INLET
— PROPOSED PVC DRAIN
— LANDSCAPE AREA
— PROPOSED PAP.. STALL
— PROPOSED WATER METER
PROPOSED MOON W.

EPSTMC BLDb( WALL
— PROPOSED A
Cr
—

SED WA VATER VE
- FLOW Cur

FINISH SURFACE
— nNISH GRADE
— 269,. FLOOR
— GARAGE FLOOR
INVERT

TOP OF CRATE
— 0.169 FACE
— NIGHT OF WAY
DEN CI( MARK:

DESCRIBED BY OCS 2003 - FOUND 3 3\4" 005
ALUMINUM BENCHMARK DISK STAMPED 2C-100-75-,
SET IN THE SOUTHWESTERLY CORNER OF A 4 FT. BY B FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE
NORIT2STERLY CORNER OF THE INTERSECTION OF BUENA VISTA
AVENUE AND JEFFERSON SINL11. 155 FT. WESTERLY OF THE
CENTERLINE OF JERFFERSON AND 29.5 FT. NORTHERLY OF THE
CENTERLINE OF BUENA VISTA MONUMENT IS SET LEVEL WITH THE SIDEWALK.

BENCHMARK: 20-100-75 305.977 NAV008 YEAR 2006
\r"

CURB N CARTER
_ r
Iwo, AC

PAVEMENT
PROPOSED a -PROP. LAMSf MEN
CURB t, CDTTER
Aar Y

TYPICAL SECTION
PRIVATE"A" STREET (E&W)
699
NOTES:

T ACT No. 19233

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE,
STATE OF CALIFORNIA.

BEING A SUBDIVISION OF LOT NO. 225 OF TRACT NO.14161, ,AS PER MAP RECORDED IN BOOK 671. FACES 37-48 INCLUSIVE, MISCELLANEOUS MAPS, 1N THE OFFICE OF THE

COUNTY RECORDER, ORANGE COUNT', CALIFORNIA
6 TOTS 1.76 ACRES (NTT I, GROSS) MAY 2023
0/2
0p
7r
Td

PAWNOR'
`CUM e�wll08 IiRI Yi'NTEc/
I I

TYPICAL SECTION

NEYIN LANE

TUCKER PLACE
X5
Ulm ADDRESS: izi N. NL•'V]N LAVE
•D151. S8ENAU
I. Proposed Use: Single Family Residential.

2. Development of Lots: For sale as Lots.

3. M Existing Structure, On Site To Be Demolished.

A. Flood Zone

5. Assessor's Parcel No. 341-433-05

5. Subdivider intends to comply with all requirements in Chapters 20.20,22.16 through 22.64 and other laws at the City in regards to construction and erasion control.

7. Specific Plan 7 Zoning [Astrid.

8. Existing perimeter black rolls to remain except at prNale 211661 entrance.

9. Existing top of slops easement block walls to remain. [ELS NOTES:

I. A fire lone signs or red curb areas shall be shown on a mile plan approved by the PFLS.

2. All slructures will be protected with an approved automatic lire sprinkler system. to I TRIO r A. KI.S's.11LPU615AN11 p'1'.A I I: I I O'OSE 11' 011112:5 19233 STEMIR 3 I \ THIS ETRE,, 1 \T cwwwNIVTrw TO T111R11510N I Rf.FAR NT MX ANT SImNIER3B TN OF THIN MAP.

I' OMA6 A KIN), R E. 0O. 16)16
UA'1'E'U 1'1119 O UAL' uF' MAI 2023 C

SHEET I OF I

SCALE : 1"-.6O'
1 GaAvlr ICJ•

CISNEROS LAN
Ate
W
Z
W
Z

LOT SUMMARY
WC, t LArNSPA.

LOT NO.

LOT AREA (5F.)
( 007E r ANEAO(5(.)
USEABLE LOT (S.F,)
11,471
4277.2
5,193,6
2 4250
1,315.4
4,9.34.6
3 7.715
696.2
47148
4 4103
674.2
7,,4248
5 2,124
324.4
8,766.6
6 4371
15 6,367.5
C

2.686
23622
5058
TOTAL 11,671f
8 1,6)1
A
24,106
UJ
U
3 10628'2&`6 251.65'^..
6LOC11611 1q,36' GapE �F51ET, 1 1.24'
FK SEOPE Y UE1G5 _ug C 1
115.76
PM -303,
El r
v
CMIC—MO .1
PROPOSER COE.

ORM IT GUTTER .9 TYPICAL SECTION
PRIVATE "A" STREET (N & S)
4s
PAP c
4 1 (O
COHCRCIE 5100" MA
TANDSwc ARTA
PIP
IW
cailc. SIOEWILN" 01 6 C,IRfn GXI6 W GnTFA

SUBDIVIDER
RE111.61 r.lifomi•. 1.1 T.

17.01,00.1, %loon,. A• enne.62-12
\ EN URA, PA 6100)
M00220 Main Mebl, 982.1,10.9165
I,L.in mei, lQARnIF Lora
P40-247.0
1 PREPARED II Y:

KING EMIL ENGINEERING CORP
26702 I AI.DAI11S0 DI `I5'IS
MISSION \'I I:JO, 5A 92511
nil T'am Klryr 71.4.70171
kinc,NR4•"a1.l04 n.l
LEGEND
- PROPOSED PAO ELEVATOR
— PROPOSED LOT NUMBER
— EMT. SERER RNLI
— Ens700 WATER RAM
- G — E nrec LIRE Hr0RANr

PROPOSED
- — — SEVER 0AM
—iv— — PROPOSED WATER MAIN
—4) — PROPOSED FIRE HYDRANT
• • — PROPOSED CRATE WM'
— - LAUNOSNDS ED PK CAPC MCA — PROPOSED PARKING STALL
▪ PROPOSED ASTER METER
— PROPOSED BLOCK WALL
w••wew••e EXISTING BLOCK WALL
• — PROPOSED WATER VIRILE
TC — LOPS 0.IRO
Ft.

W LINE
UTILITY PURVEYORS: FS ELLIMSH SURFACE
WATER: OIXOEN STATE WATER COYPNN FG — FINISH GRADE
LS
1920 W. CORPORATE WAY Ff ELOaa

4.3434800. C.A. 92001 GE GARAGE FLOOR
SEWER: 017 OF MAGENTA INY. NVCRr
DEPARMM Of PUBLIC WgIKS TG TOP CP PRATE
Ol L CHIMIAV AVENUE CF CURS FAQ
PLACENTIA CA. 92510
OAS SOUfNERN 1.346011144. Tu CO. RATI - man' OF WAY
SIAN COLLEGE BLVD., SUITE G
ARIPME CA 92942
EIECIRI:SOUTHERN 00 0*05 EDISON CO.

IBM YfNCIA OR.

Tu1ER100, CA 926.

TRASH: REPUBLIC DISPOSAL

GUM SERVICES
1131 N. M STREET
TELEPHONE: AT8T
3939 E COROWDO ST., SECOND ODOR
NORD% CA 22001

CAME PC MC -WARNER
DENCIIMARE:

DESCRIBED BY 055 2003 - FOUND 3 3\4" GCS
ALUMINUM BENCHMARK DISK STAMPED "2C-100-75•,
SET IN THE SOUTHWESTERLY CORNER OF A 4 FT. BY 8 FT.

CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE

NORITIWESTERLY CORNER OF THE INTERSECTION OF BUENA VISTA AVENUE AND JEFFERSON STREET, 155 FT. WESTERLY Of THE
CENTERLINE OF JERFFERSON AND 25.5 FT. NORTHERLY OF THE
CENTERLINE OF BUENA VISTA MONUMENT IS SET LEVEL WITH THE SIDEWALS.

BENCHMARK: 2C —I00-75 305.977 NAVIN. YEAR 2006
2"00111
Paw. OTOS.. AREA

TYPICAL SECTION
PRIVATE "A" STREET (E&W)
x4
)
4x7.

POT
NOTES:

AFT V K SITE PLAN
TRACT No3 19233

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE,
STATE OF CALIFORNIA.

BEING A SUBDIVISION OF I.OT NO. 2250F TRACT NO. 11161, AS PAIR MAP RECORDED IN BOOK 673, PAGES 37.38 INCLUSIVE, MISCELLANEOUS MAPS, IN TIRE OFFICE OF TI IE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA.
6 LOTS 1.75 ACRES (NET & GROSS) MAY 2123
6/W a 6Ie
36 IW
PdaaEmuwr
s �cu9Ei5armw GA6 iI7ERJ

TYPICAL SECTION

NEVIN LANE

TUCKER PLACE
SITE ADDRESS: 421 N. NIEVIN LANE
Id
ER51. SOE.N.

1. Proposed Use: Single Family Residential.

2. Devetopmenl at Lots: For sale ns Lots.

3. All Existing Structures On Site To Be Demofahed,

4. Flood Zone T.

5. Assessor's Parcel No. 341-432-05

6. Subdivider intends to comply with all requirements in Chapters 20.20,22.18 through 22.64 and other lows al the City in regards to construction end erosion control.

7. Specific Plan 7 Zoning District.

6. EWisling perimeter block walls to remain except at Kyoto street entrance.

9. Existing top of slops easement block walls to remoln.

EELS NOTES:

I. Al fire lane signs or red curb areas shall be shown on a site plan approved by the PF1S.

2. All structures sill be protected with an approved automatic fire sprinkler system, I. IDIOMS A. KIM:. DE1'UW: ANTI SI'A ll! 1'I 101 ' 1' TION1016

IOIDIS TSIIIOINO COMPRISING
II yrrMDMENT"DST1Ln1ICSION
IMP.WOOED: Ann TOMATITTSIUN DE IMO Mar.

I)4.I�N 1IS 10h11A1"U} 6L\l'2Ui0(31 SO. 169th

SEIEFT I OF I

111111111 "1:;
1111-II��. ❑
r. !1
Sri NM "P*1°. 'I
C-2 H65 -
C -M
C-0
M
rip M (0)
M (PM0)
PUU-1 R-3
PUD-2 MIN R-3 r0-1)
-
PUO-2 (0) - R -A
PUU-3 - R -G
PUU-3 (0) - R -G (0)
PUO.4 - R -G(0)& C-1
R-1 RPC (O)
R -t (MHP) SP -t
R-1 (O1 SP -2
R-2 - SP -3
R-2 (MHP) - SP -4
Legend - Zoning Code
-SP5
- SP -6 (0)
- SP -7
-SP8
- SP -9
(O( - SP 10
- OW Town
TOD
:; .,i uuuulm /ul
«�� •//■� := �Ir111111,1 1r1
'414:8 -AZ MID 2= :I■i,u/u./■ liii
AIM :C=//i■■■ Irr�llrrlr Ir�l:

X11 C�.`u111r1■■ !hall EiiIi1 r,
111
///11111 ■/.1�1/Illilll�i%�
Pin /.IJO ►/Ir/111 /11111
1111.1111 �."pm Nom
isia I I II prot"
- tie.C Ifi, jfp _ so ,�
lMama °V.i i1111i :Ii,I., �i X11 7401 1✓/
IC. um....

I/1111111111 *�
Vicinity Map TTM 19233
424 Nevin Place
APN # 341-433-05
42-{ Nevin Place
MINIM
A-!•-•-- 0.1
I
law IN
Created bv: Brianna Co
Development Services
Intern

Tentative Tract Map 19233
424 N. Nevin Lane
Figure 2 Looking northerly at subject site.

Figure 1 Looking westerly, where the proposed private
street would begin.

Figure 3 Looking southerly at subject site.

OWNERSHIP LIST

CERTIFICATION FORM
Attached to this certification form is a list of all owners within a 300' -foot radius of the subject property as obtained from the latest Orange County Assessment Rolls.

This list is certified to be true and correct to the best of my knowledge and belief.

Property Located at:
424 Nevin Place
Placentia CA 92870 Signed:

APN #341-433-05
09iNnvik cOttA Dated -2 4 )2 -
Donna Scales
Donna's Radius Maps
684 S Gentry Lane
Anaheim CA 92807
(714) 921-2921

,•zJ
Dr
53 se
4 51
Lor 8
82 n•
4/
43 b. r
46 STREET
CIRCLE
?0 iref JTo ,
4 33
NO /2596
21 JJ
rRAcr
'RI(N 0570( /
991
•
Y _
a
59 GRANGER
i ORIVE
TRACT
/ NO.16485`

JEFFERSON
TUCKER
PLACE
c)'
981.53'
341 -41
4 w ,:cr C.

R[S/RK rRb!
NO. 12785 ,/
STRLI

0. J06 (C.

Ale:- n)
144 '1
19/61
ON
14161
STREET
341-32 r
.Th
J
Jk/b
133b1S
5/0S/
'ON
5d
AVM
—
( amuxnr
34 as
I
I¢
1 / )
31j1
L"'
(ore ,or,
® ze

0.17 40. 0.53
6C.

0. '5 6C.
44i)
I1I
-I
341-47

JEFFERSON
I •

DONNA' RADI S MAPS
1 S2.2.

DATE:
684 S GENTRY LANE
ANAHEIM CA 92807
(714) 921-2921

341-421-01 1

HUNG-MING CHENG
1419 E LARSEN LN
PLACENTIA CA 92870
341-421-04 4

MICHAEL & DONNA MC GOWAN
1501 E LARSEN LN
PLACENTIA CA 92870
341-421-12 7

SCOTT & LISA RIEHL
1502 E RAY DR
PLACENTIA CA 92870
341-423-02

RICHARD L FULLER
1424 E LARSEN LN
PLACENTIA CA 92870
10 341-423-05 13

VON G HILDEBRANDT
1437 EVANS LN
PLACENTIA CA 92870
341-431-07 16

ANAND & JIGNA SHAH
1480 E HOWARD PL
PLACENTIA CA 92870
341-431-10

ROBERT W DEWAR
1462 E HOWARD PL
PLACENTIA CA 92870
341-431-13

RITA C ULLMANN
1475 HILL ST
PLACENTIA CA 92870
341-431-16

LINDA L SCHAAL
512 N TUCKER PL
PLACENTIA CA 92870
19 22
25 341-432-10 28

ELIAS & ANA ARTEAGA
1426 E HOWARD PL
PLACENTIA CA 92870
341-421-02 2

MICHAEL K MORTON
1425 E LARSEN LN
PLACENTIA CA 92870
341-421-10 5

DAVID & SUSANA WATERS
1514 RAY DR
PLACENTIA CA 92870
341-421-13

DANIEL P ANDEEL
1503 E RAY DR
PLACENTIA CA 92870
341-423-03

PAUL W DOUGLAS
1449 EVANS LN
PLACENTIA CA 92870
341-424-02

MARK MCCALLICK
1448 EVANS LN
PLACENTIA CA 92870
341-431-08

SORA PARK
1474 E HOWARD PL
PLACENTIA CA 92870
341-431-11

VIJAY GNANARAJ
1463 E HILL ST
PLACENTIA CA 92870
8 11
(4
17 341-421-03 3

SCOTT & LISA SHIMODA
1431 E LARSEN LN
PLACENTIA CA 92870
341-421-I1

ROBERT JOHNSON
1508 RAY DR
PLACENTIA CA 92870
6 341-423-01 9

MIGUEL & LISA GONZALEZ
1418 E LARSEN LN
PLACENTIA CA 92870
341-423-04

LINDA CHANG
1443 EVANS LN
PLACENTIA CA 92870
341-424-03

DAVID R RITNER
1442 E EVANS LN
PLACENTIA CA 92870
341-431-09

PETER E COLE
1468 E HOWARD PL
PLACENTIA CA 92870
20 341-431-12

CLIVE L O POLE
1469 E HILL ST
PLACENTIA CA 92870
341-431-14 23

ALDEN & ANITA SALAZAR
524 N TUCKER PL
PLACENTIA CA 92870
341-431-17

JOSE R LIM
506 N TUCKER PL
PLACENTIA CA 92870
341-431-15

EUI NAM HONG
518 N TUCKER PL
PLACENTIA CA 92870
12 15
I8
21 24
26 341-431-18 27

AUBREY & JESSICA CRAIG
500 N TUCKER PL
PLACENTIA CA 92870
341-432-I1 29

RONALD D GRISHABER
1432 E HOWARD PL
PLACENTIA CA 92870
341-432-12 30

JERRY LEE MEIROWSKY
1438 E HOWARD PL
PLACENTIA CA 92670

341-432-13

KEVIN H NGUONLY
1444 E HOWARD PL
PLACENTIA CA 92870
31 341-432-18 34

PABLO & YOLANDA PUA
1449 E HILL ST
PLACENTIA CA 92870
341-432-21 37
YONG CHOI & HYE J1N PAK
1431 E HILL ST
PLACENTIA CA 92870
341-433-01 40

ROBERT & PATRICIA VAN VUREN
1442 E HILL ST
PLACENTIA CA 92870
341-433-04

THANG D TRINH
1460 E HILL ST
PLACENTIA CA 92870
341-432-14 32

MANISH & ANJANA PARMAR
1450 E HOWARD PL
PLACENTIA CA 92870
341-432-19 35

NESTOR & VIRGINIA PUA
1443 E HILL ST
PLACENTIA CA 92870
341-432-22

JINGBO CHI
1419 E HILL ST
PLACENTIA CA 92870
341-433-02

DALE R COULOMBE
1448 E HILL ST
PLACENTIA CA 92870
38 41
43 341-433-05,23,34,48 44-47

REALM CALIFORNIA LLC
0 S VICTORIA AVE #245
VENTURA CA 93003
341-433-07 49

DAVE & SHERYL CHRISTENSEN
501 N TUCKER PL
PLACENTIA CA 92870
341-433-10 52

JAE HWAN & MINA KIM
610 EYRE CIR
PLACENTIA CA 92870
341-433-13 55

RICKY & SUVANNY SUMARTO
1419 E EVANS LN
PLACENTIA CA 92870
341-433-16 58

ANTHONY & GENEVIEVE DE ROSA
1401 E EVANS LN
PLACENTIA CA 92870
341-433-19 61

OSCA & NIMALI HERATH
1430 E EVANS LN
PLACENTIA CA 92870
341-433-08 50

CHRISTOPHER THOMSEN
1400 LARSEN LN
PLACENTIA CA 92870
341 -433 -I I 53

OANH VAN NGUYEN
1431 E EVANS LN
PLACENTIA CA 92870
341-433-14 56

WILLIAM & SHELLEY ASHWORTH
1036 RASHFORD DR
PLACENTIA CA 92870
341-433-17 59

THOMAS CREIGHTON
412 N NEVIN LN
PLACENTIA CA 92870
341-433-20

JUANITA E CORRIS
1424 E EVANS LN
PLACENTIA CA 92870
62 341-432-16 33

ALBINO & NORMA CHIONG
1425 E HILL ST
PLACENTIA CA 92870
341-432-20 36

ANTONIO ADVINCULA
1437 E HILL ST
PLACENTIA CA 92870
341-432-23

KEITH GILL
1413 E HILL ST
PLACENTIA CA 92870
39 341-433-03 42

DOUGLAS & MARIA MCCUTCHEN
1454 E HILL ST
PLACENTIA CA 92870
341-433-06

THERESA BERNABE
507 N TUCKER PL
PLACENTIA CA 92870
48 341-433-09 51

DAVID E WALDROP
1406 E LARSEN LN
PLACENTIA CA 92870
341-433-12 54

KENNETH W COLBY
1425 E EVANS LN
PLACENTIA CA 92670
341-433-15 57

JAMES & ISABEL JACKLE
1407 E EVANS LN
PLACENTIA CA 92870
341-433-18 60

MICHAEL ALMADA
1436 E EVANS LN
PLACENTIA CA 92870
341-433-21 63

ADDAM & HAVAH FULSON
1418 E EVANS LN
PLACENTIA CA 92870

341-433-22

STACI L MYERS
1412 E EVANS LN
PLACENTIA CA 92870
64 341-433-26 67

THOMAS THORNTON
PO BOX 1178
LA QUINTA CA 92247
341-433-29 70

THEODORE NGUYEN
425 N NEVIN LN
PLACENTIA CA 92870
341-433-32 73

TENA MARIE KENNY
432 N TIDLAND CIR
PLACENTIA CA 92870
341-433-36 76

PRALAD SINGH GYDEE
403 N TIDLAND CIR
PLACENTIA CA 92870
341-433-40

ANNE M NUNES
427 N TIDLAND CIR
PLACENTIA CA 92870
79 341-433-43 82

JOHN & CAROL REEKSTIN
4061 PASO FINO WAY
YORBA LINDA CA 92886
341-433-46 86

DAREN A WALLACH
501 N MYKKANEN CIR
PLACENTIA CA 92870
341-433-51

KRIS TRAFTON
513 N NEVIN LN
PLACENTIA CA 92870
89 341-433-24 65

ROBERT & AMANDA WERBICK
400 N NEVIN LN
PLACENTIA CA 92870
341-433-27

STEPHANIE LAM
413 N NEVIN LN
PLACENTIA CA 92870
68 341-433-30 71

DAVID & VICTORIA COPPOCK
431 N NEVIN LN
PLACENTIA CA 92870
341-433-33 74

RICHARD COLOMBO
426 N TIDLAND CIR
PLACENTIA CA 92870
341-433-38

NANCY D RIGALI
415 N TIDLAND CIR
PLACENTIA CA 92870
341-433-41

TAHMINA MALEK
433 TIDLAND CIR
PLACENTIA CA 92870
77 80
341-433-44 83

RONALD A GARCIA
451 N TIDLAND CIR
PLACENTIA CA 92870
341-433-49 87

HELPES PROPERTIES I
1427 E CISNEROS LN
PLACENTIA CA 92870
341-433-52 90

DREW & MARY COHEN
519 N NEVIN LN
PLACENTIA CA 92870
341-433-25 66

ANTHONY R MANZELLA
401 N NEVIN LN
PLACENTIA CA 92870
341-433-28

EDWARD NAKAMA
5375 E HONEYWOOD LN
ANAHEIM CA 92807
69 341-433-31 72

BRETT GUNDERSON
438 N TIDLAND CIR
PLACENTIA CA 92870
341-433-35

JOCELYN LADIA
402 N TIDLAND CIR
PLACENTIA CA 92870
341-433-39

SAMIR A PATEL
421 N TIDLAND CIR
PLACENTIA CA 92870
75 78
341-433-42 81

ADAM & KIMBERLY GLESSER
439 N TIDLAND CIR
PLACENTIA CA 92870
341-433-45 & 54 84-85

CITY OF PLACENTIA
401 E CHAPMAN AVE
PLACENTIA CA 92870
341-433-50 88

GURINDAR SINGH RAI
1433 E CISNEROS LN
PLACENTIA CA 92870
341-433-53

KEVIN M FOLEY
508 MYKKANEN CIR
PLACENTIA CA 92870
91 Placentia Cit Council

GENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JULY 11, 2023
SUBJECT: APPROVAL OF PLANS & SPECIFICATIONS AND AWARD OF CONSTRUCTION CONTRACT TO LOENGREEN, INC., FOR THE INTERIOR TENANT

IMPROVEMENTS FOR THE BUTLER BUILDING FOR THE PLACENTIA PUBLIC SAFETY CENTER PROJECT NO. 5213
FISCAL
IMPACT: EXPENSE: $ 1,646,000 TOTAL CONSTRUCTION CONTRACT AMOUNT $ 164,600 TOTAL CONSTRUCTION CONTINGENCY AMOUNT
$ 1,810,600 TOTAL AMOUNT

AVAILABLE
BUDGET: $2,043,041 FISCAL YEAR 2023-24 CIP BUDGET
(105213-6850 JL# 229999-6850)
SUMMARY:

The City has broken ground on the Placentia Public Safety Center which is being delivered in two separate project phases. The project was phased in order to advance construction of the new police evidence and storage space ahead of the main building such that the City could complete that portion of the project before the lease expires on its rented facility. In addition to breaking ground on Phase I of the project, the City has also approved contracts for the new shooting range equipment as well as the prefabricated engineered Butler Building that will serve as the new evidence and property storage facility.

On March 7, 2023, the City Council rejected all bids received for Phase II of this project and authorized the City to solicit new bids. In an effort to further reduce costs, Staff worked with the City's construction management team to solicit separate bids to complete the tenant improvements and final utility connections for the Butler Building so that the facility can operate as a stand-alone building in time for the transition from the City's leased facility. Staff originally received a total of six bids for this portion of the project on April 4, 2023, and on April 18, 2023, the City Council awarded a construction contract to E. Avico, Inc. Subsequent to that action, E. Avico notified the City that it was pulling out of the project. Accordingly, working with the City Attorney's Office a claim was filed with Avico's bid bond surety to collect on the contractor's bid bond of $168,088 as a result of their decision to pull out of the project.

As a result of Avico's refusal to proceed with the project, the City solicited a new round of bids for this portion of the public safety building project and on June 16, 2023, a total of seven (7) bids

1.j.

July 11, 2023

City Council Agenda
July 11, 2023

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Placentia City CouncilJuly 11, 2023

Placentia City Council
July 11, 2023