Project No. 5213
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
PCN3, INC
THIS AGREEMENT (herein "Agreement"), is made and entered into this 25th day of July, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and PCN3, INC. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Placentia Public Safety Center Project — Phase 2 as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1050-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean PCN3, Inc. a California corporation, located at 11082 Winners Circle, Unit B Los Alamitos, CA 90702
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
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(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit ''E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees. assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments; taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed. (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
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2.6 Standard of Performance. Contractor, its subcontractors and theft employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re- perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be re6ponsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to 3 Project No. 5213
the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $25,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Nine Million Eight Hundred Eighty Eight Thousand Dollars ($9,888,000) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
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4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Maieure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than July 25, 2025, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Brian Abghari, President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services 5 Project No. 5213
and the Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred. assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a)
Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 6 Project No. 5213
25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature. different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution oP disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director. City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
The City of Placentia, its officers, employees, representatives, attorneys: and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. 7 Project No. 5213
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduci and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have. and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D", and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities') that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents; employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. 8 Project No. 5213
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers. agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City. its officers. agents or employees, any and all costs and expenses incurred by the City; its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984. the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 9 Project No. 5213
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts. circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any 10 Project No. 5213
documents or materials prepared by them, and in the event Contractor fails to secure such assignment. Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 11 Project No. 5213
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times: of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default. to compel specific performance of this Agreement: to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
12 Project No. 5213
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
To Contractor:
City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn: Luis Estevez, Deputy City Administrator
PCN3, INC
Brian Abghari
President
11082 Winner Circle, Unit B
Los Alamitos, California 90720
8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interns.;, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Politica! Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Acainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors. assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law. contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin. or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13 Project No. 5213
8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements. damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E-Verifv. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
14 Project No. 5213
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement. such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors. as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents; or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off. 15 Project No, 5213
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency it this Agreement and any of the attached Exhibits. the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, 16 Project No. 5213
each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to. timely submitting accurate reports and records. that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
CONTRACTOR
Signature
Brian Abghari, President
Name and Title
17 Date:
6/9/2023
Date:
Project No. 5213
95-4738509
Social Security or Taxpayer ID Number
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:
(Axis fS{t j 7/20/2023
Date:
Luis Estevez, Deputy City Administrator
DEPARTMENTAL APPROVAL
1,1AiS f itAgA)
Luis Estevez, Deputy City Administrator
18 Date:
7/20/2023
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
BOND NUMBER: 602-' 30095-1
BOND PREMIUM: $71 355.00
BOND EXECUTED IN TRIPLICATE
PREMIUM IS FOR THE. CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to PCN3, Inc. a California corporation (hereinafter "Principal"), an Agreement, dated June 6 , 2023 ("Agreement") whereby Principal agreed to provide construction services including Placentia Public Safety Center Project Phase 2 WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, PCN3, Inc. as Principal, and United Stales Fire Insurance Company as Surety, are held and firmly bound unto the City in the Sum of Nine Million Eight Hundred Eighty Eight Thousand & 00/100 Dollars ($ 9.888,000.00 ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees. incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("hnsolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 6th day of June , 20 23 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Sea!) (Seal)
SURETY United States Fire Insurance Company PRINCIPAL PCN3, Inc.
By —jak;t,L: L ��C.l,'t•�� By X
Terah Lane, Attorney -In -Fact
305 Madison Avenue
Morristown, NJ 07960
ADDRESS
APPROVED:
from all
CITY ATTORNEY
INSTRUCTIONS
X
41 Hoff;
6 abi,At, Act; 5eCIC co
-�— r
11082 Winners Circle
Los Alamitos, CA 90720
ADDRESS
Two (2) Notarized Signatures required
Corporations.
l . The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed.
If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of Placentia must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
:06460 ,.1a4010 0040 r.tag•Mirkiiti_44_0ititCeflA004K014181103114101081111111E0010110111601181180)00:00.00111BOMMIHMIOIRCW-00.0.:b444 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oranae
}
On : `Lat`L `ct .177 before me, Portia C. Moore. notary public Dote Here Insert Name and Title of the Officer
personally appeared Brian AbQhari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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-� My Comm. Expires Jan. 21, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document: (i\
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Brian Abahari Signer's Name:
j Corporate Officer — Title(s): President 6x:.;
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness. accuracy, or validity of that document.
State of California )
County of Orange
On
before me.
Vanessa Copeland Notary Public.
personally appeared Terah Lane
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the- executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
VANE55A COPELAND
Notary Public - California
Orange County
Commission N 2424393
My Comm. Expires Oct 31, 2026
Place Notary Seal Above
1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is tete and correct.
WITNESS my hand and official seal.
Signature: i \�
VJ
"—jS iltee orNotary Public
---------------------------------- OPTIONAL ----------------------- ----------- Though the information below is not required by law, it niav prove valuable to persons relying on the document and could present fraudulent and reattachment of this forth to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Terah Lane
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
• Attorney in Fact
E Trustee
❑ Guardian or Conservator
E Other:
Signer Is Representing:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E Individual
E Corporate Officer — Title(s):
❑ Partner: ❑Limited E General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Rev. 1-15
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY
01016
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company. a corporation duly organized and existing under the laws of the state of Delaware. has made. constituted and appointed. and does hereby make. constitute and appoint:
Eric Lowey. Mark Richardson, Vanesa Copeland. Kevin Cathcart, Lisa Pellerito. Terah Lane each. its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require. and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United Stales Fire Insurance Company at its principal office. in amounts or penalties: Fifty Million Dollars (S50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein. and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect. and consistent with Article 111 thereof. which Articles provide, in pertinent part:
Article IV. Execution of Instruments - Except as the Board of Directors may authorize by resolution. the Chairman of the Board. President. any Vice -President. any Assistant Vice President. the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to. acknowledge. verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including. without limiting the foregoing. any bonds. guarantees. undertakings, recognizances, powers or attorney or revocations of any powers of attorney. stipulations. policies of insurance. deeds. leases. mortgages. releases. satisfactions and agency agreements:
(b) to appoint. in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a). including affixing the seal of the Corporation.
Article III. Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds. guarantees. undertakings, recognizances. stipulations. powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may he printed, facsimile. lithographed or otherwise produced. In addition_ if and as authorized by the Board of Directors, dividend warrants or checks. or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures. lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may he authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation. notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September. 2021.
UNITED STATES FIRE INSURANCE COMPANY
r..� -
Matthew E. Lubin, President
State of New Jersey).
County of Morris }
On this 28th day of September. 2021, before me. a Notary public of the State of New Jersey. came the above named officer of United States Fire Insurance Company. to nae personally known to be the individual and officer described herein. and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire insurance Company thereto by the authority of his office.
MELISSA HH. D'ALESSIO
NOTARY FUSUC OF NEl? JERSEY
Ccrvrdacfon 0 50.125833
My Commission E;,p 417t2025
'011,1) 4 totiv..6;,-
Melissa H. D'Alessio (Notary Public)
I, the undersigned officer of United States Fire insurance Company. a Delaware corporation. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 6th day of June zo 23
UNITED STATES FIRE INSURANCE COMPANY
r;
Michael C. Fay, Senior Vice President
Project No. 5213
BOND NUMBER: 602-130095-1
BOND PREMIUM: INCLUDED IN PERFORMANCE BOND
BOND EXECUTED IN TRIPLICATE
PREMIUM IS FOR THE CONTRACT TERM AND IS
SUBJECT TO ADJUSTMENT BASED ON FINAL
CONTRACT PRICE
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, PCN3, Inc. as Principal, has
entered into a contract dated June 6, 2023 , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: Placentia Public Safety Center Project Phase 2 and all appurtenant work in accordance with PROJECT NO. 5213 which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, PCN3, Inc. , as Principal,
and United States Fire Insurance Company , a corporation organized under the laws of Delaware and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of Nine Million Eight Hundred Eighty Eight Thousand & 00/100 Dollars ($ 9,888,000 .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 5213
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this 6th day of June 20 23,
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
PCN3, Inc.
Principal
By
Title
frcSccc z`ar"y
United States Fire Insurance Company
Principal
BP ) �., /1 �j 1 n _ (,1
Terah Lane, Attorney -In -Fact
Title
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
et#itixt wire44—za.14saitiotriaio ala;arociA a444a4aceic.004; -404 0411 0404* to*FictooloolowAia0000s ooz A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
1 On )' - J - `Ll � -� �J� before me, Portia C. Moore. notary public Date Here Insert Name and Title of the Officer
personally appeared
Brian AbQhari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , .4.,:-POii r iAA C. MOORE
COMM. #2343877 z
z1; -<;i':') Naar; Public. - California 0
Los Angeles County 1
Y�.,.
�r,,:,r -'My Comm. Expires Jan, 27, 205
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _.:;YJC./ i•,(\ YOCkke.L ' ,_,A0 L w��1C Document Date: k \_ �,,i"\ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Brian Abohari
)g;Corporate Officer – Title(s): President
❑ Partner – 0 Limited 0 General
O Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer – Title(s):
❑ Partner – 0 Limited 0 General
O Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
Kra!{a,ba0..'NaGCE . .. ,. t . .,.,- .,..:..... , ., .... ..11.11TE.491300108061100081WOMPaisii ©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof Orange
On 64(o
personally appeared
before me.
Vanessa Copeland , Notary Public,
Name(s) of Signer(s)
Terah Lane
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/thcr executed the same in his/her/thtir authorized capacitv(res), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnunent.
VANESSA COPELAND
Notary Public - California
Orange County
Commfsslon 6 2424393
My Comm. Expires Oct 31, 2026
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ' . LA ---A: i(C)\
`
a;tci < of Notary Putfc --
---_ ------ OPTIONAL ---------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this forth to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Nanie: Terah Lane
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner: ELimited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ individual
❑ Corporate Officer — Title(s):
❑ Partner: ❑Limited ❑ General
El Attornev in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Rev. 1-15
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN, NEW JERSEY
01016
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company. a corporation duly organized and existing under the laws of the state of Delaware. has made. constituted and appointed. and does hereby make. constitute and appoint:
Eric Lowey. Mark Richardson. Vanesa Copeland, Kevin Cathcart, Lisa Pellerito, Terah Lane each. its true and lawful Attorney(s)-1n-Fact, with full power and authority hereby conferred in its name, place and stead. to execute. acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require. and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office. in amounts or penalties: Fifty Million Dollars ($50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof. which Articles provide. in pertinent part:
Article IV, Execution of instruments - Except as the Board of Directors may authorize by resolution. the Chairman of the Board. President. any Vice -President. any Assistant Vice President. the Secretary. or any Assistant Secretary shall have power on behalfof the Corporation:
(a) to execute. affix the corporate seal manually or by facsimile to, acknowledge. verify and deliver any contracts. obligations, instruments and documents whatsoever in connection with its business including. without limiting the foregoing. any bonds, guarantees. undertakings. recognizances, powers of attorney or revocations of any powers of attorney. stipulations. policies of insurance, deeds. leases, mortgages. releases. satisfactions and agency agreements:
(b) to appoint. in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a). including affixing the seal of the Corporation.
Article I11. Officers. Section 3.11. Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds. guarantees, undertakings. recognizances, stipulations. powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile. lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors. dividend warrants or checks. or other numerous instruments similar to one another in form. may be signed by the facsimile signature or signatures. lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation. notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 281h day of September. 2021.
UNITED STATES FIRE INSURANCE COMPANY
State of New Jersey;
County of Morris )
Matthew E. Lubin. President
On this 28th day of September, 2021, before me. a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company. to tie personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office.
MELISSA H. D'ALESSIO
NOTARY MIX OF NEVI JERSEY
Commission ft 50125833
My Co r rr cn Ewa 41712025
q111,644-0,14 6 toL&-
Melissa H. D'Alessio (Notary Public)
1. the undersigned officer of United States Fire Insurance Company. a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full. true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 6th or June 20 23
UNITED STATES FIRE INSURANCE COMPANY
Michael C. Fay, Senior Vice President
day
Project No. 5213
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
PCN3, Inc.
Brian Abghari is the President, Secretary, treasurer and Manager of PCN3, Inc.
Business Address:
11082 Winners Circle, Unit B, Los Alamitos, CA, 90720
Telephone Number:
Date:
Print Name:
Signature:
562-493-4124
6/9/2023
Brian Abghari
Principal
President`--
Title �. >>
Project No. 5213
TAX IDENTIFICATION NUMBER
(Use of City forrn
is required)
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service a non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No X Telephone ( 562) 493-4124
CORPORATION: 95-4738509
U.S.A. OR ANY AGENCIES THEREOF:
n/a
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
n/a
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE: n/a
SOLE PROPRIETOR: n/a
A PARTNERSHIP: n/a
OTHER: n/a
Signature/Tit�e -resident
Date:
(Explain)
6/9/2023
Project No. 5213
BID GUARANTEE
TO THE CITY OF PLACEN T IA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. 5213 to PCN3. INC. , the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: PlarPntia Pia -)lir Safety Center ("the work").
Phase 2
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date:
Contractor: PCN3, INC. B
Title: President
6/9/2023
g rfo fr,ru/�,
Project No. 5213
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham:
d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else:
Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment.
That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
9. I certify, under penalty of perjury under the laws of the State of California. that the foregoing is true and correct and that this certification was executed:
On 6/9/2023 at Los Alamitos California.
Firm PCN3, INC.
Signature)
Street 11082 Winners Circle, Unit B Brian Abahari, President (Print Name & Title)
City Los Alamitos State CA Zip 90720
Project No. 5213
EXHIBIT A
SCOPE F SERVICES
Project No. 5213
EXi--11BIT E1
SCHEDULE OF PERFORMi:',NCE
Project No. 5213
EXHIBIT C
INSURANCE REQUIREiv1E'NTS
Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance O Workers Compensation insurance with statutory limits a:; required by the Labor Code of the State of California.
• Employers Liability with limits of $1.000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence Of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
8 General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
Coverage shall be on a standard occurrence form. Clairns-Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent.
O Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required
Project No. 5213
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CIT`( shall continue to be an additional insured for completed operations for (1) year after completion of the work.
The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required tc be, additional insureds.
The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
Project No. 5213
Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
i
e
Minimum Limit: $1,000,000 combined single limit per accident.
Coverage shall apply to all owned, hired and non -owned vehicles.
CITY shall qualify as an insured.
Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
Contractors Pollution Liability Insurance
Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
Any deductible or self-insured retention shall be shown on the Certificate of Insurance. if the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
O CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Project No. 5213
Additional insured status shall continue for one (1) year after completion of the work.
The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
Bid bond.
Performance and payment bonds for the entire contract price.
The surety must be authorized to issue these bonds in the State of California.
Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
Project No. 5213
G. Documentation
The Certificate of Insurance shall include the following reference:
[Placentia Public Safety Center Project, Phase 2 (Project Number 5213) The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
Current Evidence of Coverage shall be provided for the entire required period of insurance.
Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 5213
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Project No. 5213
EXHIBIT E
CLAIMS PROCEDUR E
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response. or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer. the City and contractor will submit the matter to nonbinding mediation. agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 77% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.
ACS OR
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 an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD(YYYY)
05/30/2023
PRODUCER
AP Tutton Insurance Services
2913 S Pullman SI
License #0889376
Santa Ana
INSURED
PCN3, Inc.
11082 Winner Circle #B
Los Alamitos
CA 92705
CONTACT Certificate Department
NAME:
PHONE (949) 261-53351261-1911
Ax
A/C No. Extl: (AIC, No):
(949) 949
EMAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
INSURER A: Middlesex Insurance Company
INSURER B : Starstone National Insurance Company
INSURER C : Continental Ins Co
INSURER D :
INSURER E :
CA 90720 I INSURER F :
23-24 GL, BA, UMB, XS,
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW F)AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AWL SUM( POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DDPfYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY
A
A
A
B
C
CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER'
1 POLICYn JPE-
ECT
OTHER:
AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
LOC
X UMBRELLA LIAB
EXCESS LIAB
DED 1 1 RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED')
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
X
OCCUR
CLAIMS -MADE
Excess Liability
Per Occurrence
YIN
Y
A0144715001 01/13/2023 01/13/2024
A0144715003 01/13/2023 01/13/2024
A0144715002
NIA T10230890
6080220330
01/13/2023 01/13/2024
04/01/2023 04/01/2024
01/13/2023 01/13/2024
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
NAIC k
23434
25496
35289
s 1,000,000
s 500,000
MED EXP (Any one person) s 5,000
PERSONAL&ADV INJURY 5 1,000,000
GENERAL AGGREGATE $ 3,000,000
2,000,000
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT S 1,000,000
(Ea accidenit
BODILY INJURY (Per person) S
BODILY INJURY (Per accident) S
PROPERTY DAMAGE s
(Per accident)
Medical payments $
EACH OCCURRENCE 5
AGGREGATE S
XI STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
Each Occurrence
Aggregate
5,000
5,000,000
5,000,000
1,000,000
s 1,000,000
s 1,000,000
$5,000,000
$5,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 2999 East La Jolla Ave., Anaheim, CA, 92806
City of Placentia is named as additional insured per attached Additional Insured per CG2037.0413 complt ops and CG2010.0413 Premises/contract, Waiver of Subrogation per CG2404.0509, Primary Non Contributory per CG2001.0413. Automobile Additoinal Insured per CA8904.1014, Primary Non Contrubutory per CA7601.0615, Waiver of Subrogation per CA0444.1013. Workers Compensation Waiver of Subrogation per WC040306.0484. $1M/$2M pollution limit for policy # ENP000989301
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
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: A0144715001
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ADDI \�1SURED., OWN E FRS, ' �e
C0 TR CTRS COMPLETED ED LAT O
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHET)ULE
Name Of Additional 'nsured Person(s)
Or Organization(s)
Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Location And Description Of Completed
Operati ons
All locations and jobs performed that have a written
contract, agreement or permit
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for.such additional insured.
CG 20 37 04 13
A0144715
Middlesex Insurance Company
1 00001 0000000600 22018 0 N
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
if coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012
7e99237-7970-4c15-8b9d-72d201caf3e7
01/15/2023
POLICY NUMBER: A0144715001 COMMERCIAL. GENERAL LIABILITY CG 24 04 05 09
�-�``.�, . a,,.' d -ITS OF COV
°SA F=v T t 7-1 rte. �: ; . 'tr'' v. U
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Narne Of Person Or Organization:
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the
"products -completed operations hazard". This waiver
applies only to the person or organization shown in
the Schedule above.
CG 24 04 05 09
A0144715
Middlesex Insurance Company
00001 0000000000 ?Iola 0 N
© Insurance Ser/ices Office, inc., 2003
8159ebe3-9435-4da8-bi54-deb061587au3
{:r ,
1 of
0-I /1 t3/2023
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be _*_% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO
OBTAIN THIS AGREEMENT FROM US, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS
ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
*The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/22 Policy No. T10220890
Insured PCN3, Inc.
Insurance Company StarStone Naional Insurance Company
Countersigned By
INC C4 03 06
(Ed. 04-84)
©1993 by the Workers' Compensation Insurance Rotinc Bureau of California. All rights reserved.
Endorsement No. 11
Policy Effective Date 04/01/22
POLICY NUMBER: A0144715003 COMMERCIAL AUTO
CA 04 44 '10 13
Ti H S ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CARErULL Y.
11. r • ;7`-'p��ll ��, "r r t r: r('" T
A -.1AiNT TO US ', . 7 aWER OF
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: PCN3, Inc.
Endorsement Effective Date: 01!13/2023
SCHEDULE
Names) Of Person(s) Or Organization(s):
Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the "accident" or the "loss" under a contract
with that person or organization.
CA 0444/013
A0144715
Middlesex Insurance Company
00001 0000000000 23018 0 N
C Insurance Services Office, Inc., 2011
?ee3t2c5-5.3-4eab-851 c-e8b5bfebf465
Pag 1 of 'I
01/18/2023
POLICY NUMBER: .014.4715003 COMMERCIAL AUTO
Cy 76 01 0G 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 9T CAREFULLY, L) re, CONT
IN a 1 E'13 " ey Ff���_�,j " Pn`JMJ D
Frt r'r N
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated.
Named Insured: PCN3, Inc.
Endorsement Effective Date: 01/13/2023
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Each person or organization shown in the
Schedule is an "insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in:
(1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
(2) Paragraph D.2. of Section 1 - Covered Autos
Coverages of the Auto Dealers Coverage
Form.
B. Primary And Noncontributory insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
(1) The person or organization is a Named Insured
under such other insurance; and
(2) Prior to the "accident" you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.
CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 ow 1 A0144715 with its permission. 0-1/18/2023
Middlesex Insurance Company
1 accci OCOOi:G0000 23018 0 N 76bfd2ee-Ocd4-48f6-0efd-8bb2104c4e52
COMMERCIAL GENERAL LIABILITY
CG200104t13
THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. poi/ D N0Ncori RAI U OR`V7
s
°-� HER � J a 9' 'CO DITiON
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
A0144715
Middlesex Insurance Company
30001 0000000000 23018 0 N
CI
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2012
a3f 6ea03-ca 7d-415&8bb 0-b 1 f8e3c09 a5c
01/18/2023
POLICY NUMBER: A0144715001 COMMERCIAL GENERAL LIAF3ILIT+' CG 20100.413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Ar � , .i ° + `� '6? � FVC � SID' � � i � ,=r T� ,,- 7 �_� �,�� ti � �T ,�•, .^ y- g"^ i' _ J �-� i' + =� d S ' ,i� a �.-, .� 1 i �]7 . 'a e ; P� -. ti- `� ,:I ' S O R ro " OR..� '3J��Jd �,. �.� ,w L� PERS JN (:)R
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Location(s) Of Covered Operations
All locations and jobs performed that have a written
contract, agreement or permit
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG20100413
A0144715
Middlesex Insurance Company
00001 0000000000 23018 0 N
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage' occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the same
project.
n Insurance Services Office, Inc., 2012
3331 c9d-57'+4-46b6-81 f5-b2414e8efcd b
01;1312023
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section HI - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
A0144715
Middlesex Insurance; Company
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Insurance Services Office, Inc., 2012
CG 20 1C 04 13
01/18/2023
BUSINESS BANE
May 31, 2023
City of Placentia
401 E. Chapman
Placentia, California 92870
Re: Escrow # 2772
Project: Placentia Public Safety Center Project Phase 2 Contractor: PCN3, Inc
An escrow has been reserved for the above referenced project. Please find enclosed (3) copies of the Escrow Agreement executed on behalf of PCN3, Inc and Citizens Business Bank. Please sign all (3) escrow agreements as indicated and return one original executed document to Citizens Business Bank and forward another original to the Contractor.
Please forward Certificate of Incumbency or Company Resolution as verification of designees and their designated powers to approve and sign escrow agreements for security deposits in lieu of retention on behalf of the City of Placentia.
Kindly arrange your Finance/Business department to reference Escrow #2772 on all correspondence and or retention payments and release requests. Please mail all correspondence to the following address:
Citizens Business Bank
Attn: Specialty Banking Group
505 E. Colorado Blvd
Pasadena, CA 91101
Best,
Maria Marquez I Business Deposits Service Representative Specialty Banking Group
505 E Colorado Boulevard, Pasadena, CA 91101
P 626.568.2097 OPX 82097 F 626.564.6249
[email protected]
11 C® CITIZENS
® BUtit Ni.:tis BANK
Escrow Agreement for Deposits in Lieu of Retention
This Escrow Agreement dated 05/31/2023 is made and entered into by and between the City of Placentia hereinafter called "Owner" whose
address is 401 E. Chapman, Placentia, California 92870 and PCN3, Inc. hereinafter called "Contractor" whose address is 11082 Winners Circle, Unit B, Los Alamitos, CA 90720 and Citizens Business Bank hereinafter called "Escrow Agent" whose address is 505 E Colorado Blvd. 1st Floor, Pasadena CA 91101, For the consideration hereinafter set forth. the Owner, Contractor and Escrow Agent agree as follows:
1. Pursuant to section 22300 or 10263 of the Public Contract Code of the State of California (with section 22300 applying to public entities generally, and 10263 applying to state public agencies).
Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for, Placentia Public Safety Center Project Phase 2 in
the amount of 59,888,000.00 , (hereinafter referred to as the "Contract").
Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitution for Contract earnings, Escrow Agent shall notify the Owner within ten (10) calendar days of deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of "Owner" and shall designate the Contractor as beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.
3. When the Owner makes payments of retention earned directly to Escrow Agent, Escrow Agent shall hold then for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administrating the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent.
5. The interest earned on the securities or Money Market account(s) held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notices to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written Authorization from the Owner to Escrow Agent that owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven (7) days written notice to Escrow Agent from the Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges on the escrow account, The escrow shall be closed immediately upon disbursement of all monies and securities and payment of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest set forth above.
AG -027 10/16/2020 Page 1 of 2
CEOC- CITIZENS
.
BUSINESS BANK
Escrow Agreement for Deposits in Lieu of Retention
10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing. and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
Title: Title: President
Name: Name: Brian Abghari
Signature:
Signature:
Address: Address: 11082 Winners Circle, Unit B
City, State, Zip: City, State, Zip: Los Alamitos, CA 90720 On behalf of Escrow Agent: Please forward payments to Escrow Agent:
Title: VP. Specialty Banking Group Service Mgr,: Title: VP, Specialty Banking Group Service Mgr Nanie: ClaudiaI:� Name: Claudia A Cuadra
� t
Signature: it 44) R 1 ` , Address: 505 E Colorado Blvd., First Floor Address: 505 E Colorado Blvd.. First Floor
City, State, Zip: Pasadena CA 91101
City. State, Zip: Pasadena CA 91101
Direct Phone: 626-568-2096
Reference Account: 6741 125402 / Escrow 2772
At the time Escrow Account is opened, the Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date set forth above.
Owner Contractor
Title: Title: President
Name: Name: Brian AbghL
Signature: Signature:
AG -027 10/16/2020 Page 2 of 2
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
PCN3, INC.
2 Business name/disregarded entity name, if different from above As above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
❑ Individual/sole proprietor or
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate v V ❑ Other (see instructions) ►
5 Address (number, street, and apt. or suite no,) See instructions, a 11082 Winners Circle, Unit B
6 City, state, and ZIP code
Los Alamitos, CA, 90720
7 List account number(s) here (optional)
R. Taxpayer Identification Number (TIN)
Give Form to the
requester. Do not
send to the IRS.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts mainta,ned ouis,de the U S.)
Requester's name and address (optional)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Part 11
Certification
Social security number
or
Employer identification number
4 7
3 8
5 0
9 Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3, I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9 .
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (FIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid)
Cat. No. 10231X
Date ►
L/L/ Zati3
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U,S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Form W-9 (Rev. 10-2018)
SECTION C
PROPOSAL
for the
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE 2
CITY PROJECT NO. 5203
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Two Hundred Seventy -Nine (279) working days, starting from the date of the Notice to Proceed or liquidated damages of $3,000 per day will be applied.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CiTY at the lump sum price set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of ninety days from the bid opening date. If at such time the contract is not awarded, the CITY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void.
Accompanying this PDF proposal of bid, find Bid Bond in the amount of $ 10% of bid amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice C-1
Inviting Sealed Bids, payable to the CITY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received
1 April 28, 2023
2 April 27, 2023
3 May 01, 2023
4 May 02, 2023
C-2
der's Signature A I
1.710A
6 r/kA
Wcn,
1 ITEM
NO
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE 2
CITY PROJECT NO. 5203
BID SCHEDULE
QUANTITY UNIT
LS
1'1`irAIS DESCRIPTION.. .,
Phase 2 Improvements, complete in -
1. place, per approved plans and technical
specifications, the construction of the
main building.
TOTAL BID PRICE WRITTEN IN FIGURES:
TOTAL BID PRICE WRITTEN IN WORDS:
C ls/4X e. j 2 ' tt ous ,7,J
a D'
TOTAL.
I,'
.9,S$€�;c2c
4(Ac /1'1:0 To
.+1 //ais•
PREQUALIFIED BIDDER'S NAME AND ADDRESS: PCN3, INC.
11082 Winners Circle, Unit B
Los Alamitos, CA 90702
C-3
LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion Name and Address of Subcontractor
of Work
flu WO) li,RI
APS cc. nsTYucTioh ,1�c
KiveiSide) c
1 -Tie F 'pa»C
10h5o , CA
ACousTc1I t Y4,1e. A Vous?',cs
Pavel Ctili;,9s— Wes"TIAice ‘P'llAit,C'A
R t i) ew Q uc+ I,1 -y g e- 60r, I n c
r
So.N Woe -t°1 c1 gvis
eibvi c I e.,w 'S`j'o„e Cow, s'T✓u c 4/.4; Cie
�.Ar►n ilnp r l V►.t — vkio n 4, C4
Aroki?ec'rurAi C41„rs I �/
Li Cawlilrso ASpk41T 194-l1y.9 Cir
ev'ar.cje.i CIA
P�a�nu 11AsS CofPc�a1'ioti,
ST•jre „er 1e0 cA
State License Class
Number
29579s 13Jc2.
C36
11912..sa C59
"139926 C2
6105'93 C5D
1031116 C
1999$3 C12
1 a 9 072 9 c 1'1
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-4
ST OF SUBCONTRACTORS
En accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. s
Portion
of Work
Name and Address of Subcontractor
State License
Number
Class
Coy►np -r five !Plc t o io 3 C33
waTesi 2eeIiQ,,n MoYe►no Atk421, C4/1
cle'" FPs 51 c l,sTSysle",s 592289 C16
Al eN'T g ICreA , C y1 Cts'
SvfPiessit,,, SYSTvs Y fre Ae1- ,
OCT/Coy'Trol s
F'`e � it a l Co Fire eYo . c'fl o., , I h C 1 g 6c, I2 c ! d 5effYtss;01, S 40k Fe SPYtA9s, C/)
SYs t", s
- v, c Ntty A iv` t h e 9 9 S 201
\Ia\e,v, Ci c J CAA
Nh W ',arc Te c l�
LAwij4ie, C
C 2b I c
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-4
LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater. and the portion of the work to be done by such subcontractor.
Portion
of Work
Fire
1111144.
Name and Address of Subcontractor
JAM c e.(A/leh
kov,rov,a, C/)
State License Class
Number
1910 6o
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors Iisting.
C-4
LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perforin work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Porton Name and Address of Subcontractor
of Work
w-13cu.uS$1c l;Bst Intctov-s Z tJC,
ReSiS'a�'h 10a E- Via 13uh- n s , Ancxlltem, crt
rn- fJStud
- C p1asfe
CPU
01Qvcc2
ing
- bokir
iQnCQ
gcute
5�tee,!
Shee.+
mei
i•letcet
:Deck
9�1gi�6
State License Class
Number
# 504o 13
i3,C2, c
C 35
ktefschMau,4. So. 5 rvli me 44-211 C2el
6293 Padlj Rd, Rtvewsade, cit02609
2 Teck # 7'414141
403 Good W t'n Ave , tt o51Ar+.cieleS , r44,gno304
l3est Cont}-oetinci set -vices, I_ric ,qh 456z63
4 024. S 11OJ' Ilton Ave, 9a4Aena, cA °l0 74
tPol`,j°'0y de kS , Yn C at 1014101 g
1105? ellcx Ave ..460, Stonfien, a4 "io 6 So �7
Tirus1-wohlc5 Tntet-hoLtiona..d #101g654 C51 J 13
12`+ 5 vl Ave, Pomona. eA 911-66
tint ted Cara tikes clto rs at 4; 6t Z P3
334 W. Cale st, San 3ehna.uc1 i no, C c12401
SC -kW $ corns+t-uC.410 i . TrIC # 2/ Z 536
PO* W'aunpk Ave, ste 23% Ndnt;w,34onafa,e.t. CA W211Q-1 C !9
3,ci4. __ff
c2v, C3''T',C'I3
C51, CL,
C c1
A,;3, C51'
Gyol
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-4
3 LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion
of Work :
Name and Address of Subcontractor
State License
Number
Class
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
C-4
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Brian Abchari being first duly sworn, deposes and says that he or she is President of PCN3, INC. the party making the
foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
PCN3, INC.
Name of Bidder
Signature of Bidder -
11082 Winners Circle, Unit B
Los Alamitos, CA 90720
Address of Bidder
r
Subscribed and sworn to before me this ' i �l day of vii , 2023.
COMM, 2 34,3877 z
Notary Public - California o
Los Angeles County
,M" Comm, Expires Jan, 27 202
NOTARY PUBLIC Q
C-5
a
z
NOTARY SEAL
CALIFORNIA AC9aC,9©WJEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
on\ -)4\(,V
Date
personally appeared
before me,
}
Portia C. Moore. notary public
Here Insert Name and Title of the Officer
Brian Abphari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 IA C. IMOORE
COMM. #2343877 z
hfotaiiy Public - California '8
Los Angeles County O
--
My Carom. Expii s Jan.. 27, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and
official seal.
1 Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Docu1ment: (1(\;.y�`5\eSn
Document Date: L/' I f: / 5,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Brian Abahari
Corporate Officer — Title(s): President
❑ Partner — ❑ Limited 0 General
O Individual ❑ Attorney in Fact
O Trustee ❑ Guardian or Conservator
O Other:
Signer is Representing:
okaA
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
©2019 National Notary Association
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PLACENTIA PUBLIC SAFETY CENTER PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is _familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.
Date:
5/ 5 /2 3
PCN3, INC.
Contractor
oar
C-6
By
President
Title
n Abghari
WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date: Cly / 7-3
/
C-7
PCN3. INC.
Contractor
Brian Abghar
By
President
Title
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the CITY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Date: Sj 3I i...�
PCN3, INC.
Contractor
Brian n
By
President
Title
Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms nay be obtained from the CITY upon request.
C-8
DESIGN ENGINEER MAY NOT BID ON
CONSTRUCTION CONTRACT
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons(s), through joint ownership or otherwise.
ACKNOWLEDGED this 3 r"' day of May , 2023 at
Los Alamitos, CA
ari
Authorized SignatG•e
President
Position
PCN3, INC.
Company
C-9
NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.
ACKNOWLEDGED this ' �' day of Mav , 2023, at Los Alamitos. CA pari ---
Authorized 54rgn tore
President
Position
PCN3, INC.
Company
C-10
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE 2
CITY PROJECT NO. -5203
5213
BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS,
That PCN3, Inc.
as PRINCIPAL, and
United States Fire Insurance Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, \ve bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of said SURETY here under exceed the sum of 5 Ten Percent (10%) of Total Amount Bid
TI -IE CONDITION OF THIS OBLIGATION IS SUCH THAT.
WHEREAS, said PRINCIPAL has submitted the above-mentioned bid to the City of Placentia for certain construction for which bids are to be submitted via Planet Bids on January 26, 2023, for:
PLACENTIA PUBLIC SAFETY CENTER PROJECT — PHASE 2
CITY PROJECT NO. 5203
5213
NOW. THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
C-11
PL.<,(=NI A PUBLIC SAFETY CENTER PROJECT —PHASE 2
,CITY PROJECT NO. 5203
5213
In the event suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.
2nd
iN WITNESS WHEREOF, we have hereunto set our hands and seals on this clay of May 2023.
PRINCIPAL SURETY
PCN3, Inc.
BY:
(� �1 G,. diQ J I.
(nI
Title
United States Fire Insurance Company
Terah Lane, Attorney -In -Fact
305 Madison Avenue, Morristown, NJ 07960
Address
(SEAL) (SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must. be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures Hurst be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.
C-12
BID BOND
ACKNOWLEDGMENT OF SURETY
SEE ATTACHED NOTARY ACKNOWLEDGMENT
STATE OF 0_i-3)-1
County of \ JYdi )
On this r7 day of AA G� /
1 SS
2023, A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for O►ton1/46,_, County, State of
known to me to be Ole of the corporation
that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. u<s r , PORTIA G. IOORE
COMM. . 234.3877 z
5,--,./5.;,..7510,
'' � Public . California
rMctary
\\f ,r; Los Angers County
(Notary Public. Judge or Other Offi Comm. Er, fres Jan. 27, 2025 C -Ii 3
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On \\ r
t3 Date
personally appeared
before me,
Portia C. Moore, notary public
Here Insert Nome and Title of the Officer
Brian Ab9hari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 COMM. x-234•3877
Naiary Public - California
Los Angeles County
MY (Arm . Expires Jan, 2.7, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature m'
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: < S 1
Document Date:1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Brian Abahari
Corporate Officer — Title(s): President
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:.
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
©2019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 11 39
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity- of that document.
State of California
County of Orange
On SI (aI caea 3 before me.
personally appeared
Vanessa Copeland , Notary Public,
Terah Lane
Name(s) of Signer(s)
who proved to nie on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the within instrument and aclanowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s-) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
VANESSA COPELAND
otary Public • California
Orange County_
Commission # 2424393 6
f4y Comm. Expires Oct 39, 2026 f
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WI ES
Signa
Place Notary Seal Above
-----_—_---_------------------� �w------ OPTIONAL
and officiEal seal.
,( .1
'otary blie
Though the information below is not required by law. it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Terah Lane
Individual
Corporate Officer – Title(s):
Partner: ❑Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer – Title(s):
Partner: ['Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Rev. 1-15
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY
01016
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws oldie state of Delaware, has made, constituted and appointed, and does hereby make. constitute and appoint:
Eric Lowey, Mark Richardson, Vanesa Copeland, Kevin Cathcart, Lisa Pellerito, Terah Lane each, its true and lawful Attorney(s)-In-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business niay require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Fifty Million Dollars (S50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article 111 thereof, which Articles provide, in pertinent part:
Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board. President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation.
Article III, Officers, Section 3.11. Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees. undertakings, recognizances. stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021.
UNITED STATES FIRE INSURANCE COMPANY
State of New Jersey)
County of Morris )
n=.
Matthew E. Lubin, President
On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, cane the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office.
MELISSA H. D'ALESSIO
NOTARY RELIC OF NEW JERSEY
Cornr�tlaslon 0 50126833
Soy C 'ns. t EatpSrea 4172126
b'dL4-
Melissa H. D'Alessio (Notary Public)
I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and etFeet and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hind and affixed the corporate seal of United States Fire Insurance Company on the 2nd of May 20 23
UNITED STATES FIRE INSURANCE COMPANY
Michael C. Fay, Senior Vice President
day
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
Genual
The People are the City
401 East Chapman Avenue — Placentia, California 92870
Paacentia l uioHc Safety Canter, Phase 2
RE -EDD ADDENDUM No. 1
FD1olay, .Apri 28, 2023
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same.
Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them.
Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification. In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern, and all other conditions shall remain the same.
1. Please see attached soils report dated 2/4/21. The slab for the main building shall be by this contractor. Only the slab for the Butler building is by the phase 1 contractor.
2. Bid Addendum No. 2 shall provide information for the vendor for the building generator. It has been approved to fabricate. See Bid Addendum No. 2 section
1.06.C. Order as directed. OR approved equal. No known equal for time. Time is of the essence.
3. See attached "Action Target" plans for reference only. These are the target range vendors that the City has retained. Contractor shall be responsible for all coordination efforts.
EI D OF BOD ADDENDUM NO. 1
Attachments
1. Final Geotechnical Report
2. Action Target Plans
/4/7141'
atct 1r
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
General
The People are the City
401 East Chapman Avenue — Placentia, California 92870
Placentia Public Safety Center Phase 2
RE -BID ADDENDUM NUMBER 2
Thursday, April 27, 2023
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same.
Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them.
Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification.
In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern, and all other conditions shall remain the same.
PRE- BID RFIs:
1. In Div.27 13 43, 1.1 Scope of Work, paragraph C it states to provide programming the system as required to integrate the data drops into the network. In Part 2- Equipment, paragraph N it states LAN Electronics for Data Network: Provided and Installed by the City/Police Department of Manhattan Beach I.T. Department. The programming would be done in the LAN electronic equipment. Can you confirm the City/Police department I.T. Department will be doing at programming of LAN systems?
Response: Confirmed. City/Police I.T. Department will perform programming.
2. Please confirm that disconnect switch shown on Sheet E0.2 Single Line Diagram (feeder MSB -3) for firing range 75KW heater is furnished with the firing range equipment by Action Target. If not, should Phase 2 contractor figure to furnish a 400 amp disconnect switch with 300 -amp fuses for this equipment?
Response: The firing range make-up air unit is being provided with an integral disconnect switch and VFD, and requires a single point of connection. The supply fan is being provided with a VFD.
The contractor is responsible for the power connection to the make-up air unit..The contractor shall provide a disconnect switch for the supply fan and make all required connections to the disconnect switch, Action Target provided VFD and fan. Refer to Sheet E0.2, Single Line Diagram, and Sheet E2.9, Roof Plan, for additional requirements.
3. Trash enclosure steel gate detail 15 on sheet 2.2 is missing. Please provide.
Response: All pedestrian site gates to be per Detail 8/2.1 unless noted otherwise.
4. Electrical room on A2.2 is N.I.C. Electrical room is still shown on the structural plans S2.1. Please clarify - is the electrical room N.I.C.?
Response: Electrical Room between Gridlines A and B and east of Gridline 5 is by others.
Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue— Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
5. C5 shows 4" thick asphalt paving around the existing material storage bins/storage shed. A1.2 shows concrete sidewalk behind the existing material storage bins/next to the storage shed.
Please advise - which is correct?
Response: Sheet C5 is correct, provide 4" asphalt over 6" Class 2 aggregate base per note 8 on Sheet C5.
6. The stair plans reference stainless steel handrails (Note 0517/A6.2). The handrail details show standard steel pipe (16/10.1). Please clarify - stainless steel or standard steel pipe for handrail? Response: Provide standard steel pipe that will be site painted per Section 05 52 00. Delete note
2.4G in that Section regarding stainless steel finish.
7. Please provide detail for wall Type B6*C.
Response: See attached Detail In this addendum.
8. Door types D & E call out for 'Spandrel glazing, where occurs' (8.1). Please advise if Spandrel glazing is to be used on the bottom panes for ALL door types D & E. If not, please advise on the location/quantity of Spandrel glazing for door types D & E.
Response: There is no spandrel glazing on ay Door Types D and E.
9. Sheet A7.1 Interior Elevations is missing from the drawings, please provide sheet.
Response: Sheet A7.1 should be eliminated from the Sheet Index. Sheet 7.1 is not in the scope of this phase.
10. Please confirm Window # D, K2, and M/M1 are not used. Please confirm Door # 120A, 1208, 126, 127, 129A, and 130 are N.I.C. 4. Please confirm glass in wood doors are by others." Response: Window D, K2 and M1 are not used. Window Type M is used at the Shooting Range at Room 117 per plan. Doors 120A, 120B, 126, 127 and I29A are not in the contract. Door 130 along with 103B are in the contract and the Phase 2 contractor is responsible for Details 2 and 4 on sheet
4.1 which transitions the main building west of Gridllne 4 with the Butler Building on the east side of Line 4. All components of doors in this phase which includes, frames, glass, hardware and any other components required for the installation of all doors are to be provided by the Phase 2 Contractor.
11. Roof Spec 075419 part 2 section 2.1 calls out Tremco Roof or approved equal. We are wanting to bid Sarnafil product. Is this an approved equal? I also took a look at 016100 Product requirements which references Substitution spec 012513 but that spec is not part of the Project Manual. Please advise.
Response: The contractor must submit a substitution request of the product he wishes to substitute that meets or exceed the requirements of the specifications. See attached Section 01 25 13 for the submittal requirements. The project team will review the substitution request made by the contractor awarded the project.
12. The wall legend on A2.1 A shows a pattern for 8' High Kevlar that is not found on the drawing. The description that accompanies the pattern for 8' High Kevlar says to "8' High Kevlar Over MTL Stud Framing Along Entire Length of Wall on Shooting Range RM 218 Side". Room 218 is a breakroom, and not next to the shooting range. Can you clarify this note? Response: Room 218 is incorrect. The correct location for the installation of Kevlar is on the east wall of Room 118.
13. Please provide sheet A7.1 Interior Elevations. This sheet is missing from the provided drawings.
Response: Sheet A7.1 is not in the scope of work for this phase of the project. It should have been omitted from the Sheet Index.
Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue— Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
14. Section 2.3G of 10 75 00 flagpoles calls for an internal halyard. Section 2.4D, F, and G of 10 75 00 flagpoles has design specifications for an external halyard. Please confirm the intended halyard design (external vs internal) of the flagpole.
Response: Provide an internal halyard for the flagpole.
PROJECT MANUAL
1.01 SECTION 01 25 13- PRODUCT SUBSTITUTION PROCEDURES
A. PART See attached Product Substitution specification section which has been added to the Contract Documents in its entirety.
1.02 SECTION 09 24 00- CEMENT PLASTERING
A. PART 3.1 EXECUTION
3.11 PLASTER APPLICATION SCHEDULE- Omit Item A. Cement Plaster Finish only occurs at exterior horizontal soffit areas as noted on drawings.
1.03 SECTION 09 68 13 - TILE CARPETING
B. PART 3.1 EXAMINATION
i. Clarification of Item 3.5 PROTECTION, Item B: Delete the following first paragraph " Change the following carpet color as noted in Item A..." ii. Add the following second paragraph that is under 3.58 to Section 2.1 MANUFACTURERS as Item C as follows: "Anti -Static Carpet: Staticworx Grounded Solutions, ANSI, FAA/IEC compliant, Series: ShadowFX SDC, Peaks, Colors Mansfield- main field color, Hay Stack -accent Color. www.staticworx.com Ph:617- 923-2000. Install in Emergency Comm Center Room 212 and Hallway 214 only."
1.04 SECTION 11 90 00 - MISCELLANEOUS EQUIPMENT
A. PART 1 GENERAL: Omit Item D, Mobile Rolling Safety Ladder.
B. PART 2 PRODUCTS:
1. Omit Item D, Mobile Rolling Safety Ladder which will be provided by others. ii. Add new Item F- Rooftop Antenna Cable Protection System by Site Prol www.siteorol.com . Provide three sections of 22" wide x 10' long SP1595D with metal sleepers per attached Exhibit B drawings. Provide all required connectors and hardware required for roof installation. See revised Roof Plan A4.1, Ref. Note 1 165 for locations. Provide Rubber Sleeper pads, Site Prol Model no. RP8 at the bottom of all metal sleepers spaced at 32" O.C.
Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue— Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Add new Item G- Rooftop Antenna Cable Protection System by Site Prol www.siteorol.com . Provide four sections of 11" wide x 8' long SP1542D with metal sleepers per attached Exhibit C drawings. Provide all required connectors and hardware required for roof installation. See revised Roof Plan A4.1, Ref. Note 1165 for locations. Provide Rubber Sleeper pads, Site Prol Model no. RP8 at the bottom of all metal sleepers spaced at 32" O.C.
1.05 SECTION 26 00 00 - GENERAL ELECTRICAL REQUIREMENTS A. Clarification: Contractor to incorporate all ADDENDUM items listed on the second page of this section in the Project Specifications.
1.06 SECTION 26 32 13- EMERGENCY ENGINE GENERATORS
A. PART 2: PRODUCTS, 2.1.A: Change to read " Basis -of -Design Product: Subject to compliance with requirements, provide MTU Onsite Energy Corporation; 6R0120 DS200".
B. PART 2: PRODUCTS, 2.8.B: Change to read "Generator Circuit Breaker: Molded -case, thermal -magnetic type; 100 percent rated; complying with UL 489. Quantity (1) 800, adjustable trip circuit breaker, set circuit breaker to trip at 700A, (1) 20A, 100% Rated Breaker for Rypos Active DPF."
C. Contractor to provide Emergency Generator by Collicutt Energy Services, Inc per the attached approved submittal labeled as Exhibit A in this addendum. Contact Tony Miccolis, 310-245-0292 for pricing. All Bidders shall utilize this vendor. Lead time is critical
1.07 SECTION 26 36 00 - AUTOMATIC TRANSFER SWITCHES
A. PART 3: OPERATION: 3.05.A: Change to read "The DTTS/BPS shall be rated to close on and withstand the available 65,000 RMS symmetrical short circuit current at the DTTS/BPS terminals with the type of overcurrent protection shown on the plans."
1.08 SECTION 27 13 43 - DATA NETWORK AND NETWORK WIRE/CABLING SYSTEM A. Replace this section in its entirety with attached revised section. See red text items for changes.
ARCHITECTURAL DRAWINGS
Changes have been CLOUDED on attached drawing exhibits and marked with DELTA 2
1.09 ADD NEW SHEET A0.9 FIRE DEPARTMENT ACCESS MASTER PLAN -ATTACHED SHEET A. Contractor to comply with Fire Department Notes.
B. Locations for "No Parking Fire Access Lane" signs noted on site sheet. Signs to be purchased and installed by contractor.
C. Locations of Knox Boxes noted on site plan as called out in Specification Section 11 90 00.
1.10 CHANGES TO SHEET A4.1 ROOF PLAN -ATTACHED SHEET
A. Rooftop Antenna Cable Covering System added to roof as noted in Item 1.038 in this Addendum. See Reference Notel 165 on Roof Plan for locations.
Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
B. The 3 mechanical units over the 1 -story roof between Gridlines 4, 5, A and B have been turned 90 degrees. See attached Structural Drawing S2.1 for revisions to roof steel to accommodate the change to the mechanical units. Please note, the purchase and installation of the mechanical units for the shooting range is by others. Package 2 contractor to construct mechanical curbs and structure and make electrical connections to the units once installed. Contractor to coordinate with the Action Target vendor.
C. Roof walk -pads have been added to the mechanical units on the low roof of the Shooting Range.
D. Contractor is responsible for providing the seismic horizontal joint covers noted in Detail 14, 16 and 21 on Sheet 7.1 as called out on the Roof Plan between the main building, Electrical Building and the Butler building that is being constructed by others.
1.11 CHANGES TO SHEET 2.2 SITE DETAILS- ATTACHED SHEET
A. Omit Details 2 and 10, Emergency Generator and Edison Transformer Enclosure which will be constructed by others in an earlier phase of the project.
B. "No Parking Fire Lane" Detail 15 was added to the sheet.
1.12 CHANGES TO SHEET 9.2 WALL TYPES- ATTACHED SHEET
A_ Missing Wall Type B was added to the sheet.
B. Redundant Wall Type D details were eliminated. The Wall Type that was incorrectly labeled D below the new Wall Type B on new attached sheet has now been labeled Wall Type C. Wall Type D at the bottom of the first column of Details is the correct Wall Type D.
1.13 CHANGES TO SHEET 8.1 DOOR AND WINDOW SCHEDULE & 8.2 WINDOW/DOOR DETAILS A. Changes to Door Schedule: Add and 18" high x 24" wide louver to the following Doors:
105, 106, 107, 206, 207, and 208, Louver to be located at the bottom half of door as depicted on Door Type A on Sheet 8.1. Door Louvers are per Specifications Section 08 11
13. B. Changes to Door Schedule: All doors marked with a "W" designation in the Material column on the Door Schedule are to be Wood Clad Doors per Specification Section 08 14 23.
STRUCTURAL DRAWINGS
1.14 CHANGES TO SHEET S2.1 SECOND FLOOR FRAMING PLAN -ATTACHED SHEET A. See attached Drawing ADD No.2, S2.1 for changes to the Roof Framing Plan above the Shooting Range resulting from the 90 -degree turning of the mechanical units. (Note:
Mechanical Units to be installed by Action Target Mechanical Contractor) Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
ELECTRICAL DRAWINGS
The People are the City
901 East Chapman Avenue— Placentia, California 92870
1.15 CHANGES TO SHEET E1.2 ELECTRICAL SITE PLAN- ATTACHED SHEET City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
A. See attached revised Electrical Site plan with the added electrical for site lighting fixture and base and gate operator. Contractor to provide and install all electrical items (all required conduit and conductors) not hatched out on the plan.
1.16 CHANGES TO SHEET E3.2 ELECTRICAL DETAILS- ATTACHED SHEET A. Omit Detail 8/E3.2 Antenna Provisions. Antenna cabling to be run from antenna masts installed by Package 2 contractor along Grid Line 4 per drawing A4.1, Details 4/7.2 and 14/7.2. Antennas that attach to masts and antenna cables to be installed by owner. Contractor to also provide and install cable covering system per Item 1.04B in this Addendum 2. Coordinate installation of cable covering system with owner.
B. Added Detail 16/E3.2 applies to the Package 2 Scope of Work.
C. Refer to added Detail 5 - Provide ground bar on the roof and connect to all antenna masts and run a ground wire from the roof ground bar down to the building's ufer ground. The ground wire from the roof ground bar to the building's ufer ground to run concealed in the walls.
END OF BID ADDENDUM NUMBER 2
ATTACHMENTS
Specification Section 01 25 13 Product Substitution (5 pages) Specification Section 27 13 43 Data Network Cabling (6 pages) Sheet A0.9 Fire Access
Sheet A4.1 Roof Plan
Sheet 2.2 Site Details
Sheet 9.2 Wall Types
Sheet S2.1 Roof Framing 1 1 xl 7 sheet size
Sheet E1.2 Site Electrical
Sheet E3.2 Electrical Details
Exhibit A- Approved Generator Submittal (89 pages)
pio
Addendum 2
Mayor
WARD L. SMITH
Mayor Pro Tern
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANI<E
General
The People are the City
401 East Chapman Avenue — Placentia, California 92870
lace, nUa Pubne Sa?eity Center elr G hese 2
RE -DID ADDENDUM UMBER 2
Monday, May 1, 2023
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same.
Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them.
Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification.
In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern, and all other conditions shall remain the same.
PRE -BOD RFIs;
1. Sheet C5 - Are the 24X365 Drain boxes in Phase 2 Scope? Response: The boxes are by Phase 1 but concrete swales Shall be by Phase 2
2. Sheet C5 shows existing items (K -Rail, Antenna, etc.) within the area of work. WiII these items be removed by others? Do we need to remove and reinstall? Or are we supposed to work around these items?
Response: These have been removed. Shall not be replaced.
3. Please confirm soil import required to balance and rough grade site to be by Phase 1 contractor.
Response: Phase `l shall rough grade only. Final /finish grade by phase 2 contractor.
4. Please confirm overex and recompaction of building and site to be done by Phase 1 contractor.
Response: Yes
Addendum 3
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
City Cler1r:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
5. Please confirm retaining wall (Note 13 on C5) is completed by others. Prior to Phase 2 mobilization.
Response: Yes, and it is complete.
6. Please confirm C4 is for reference only. No site demolition under this contract. "esponse: Correct. No site demo for phase 2
7. Can you clarify the period of performance?
Response: Exhibit "3" of Bid Package. 279 working clays o 390 calendar days.
This is to ensure all lead item materials and equipment would be ordered and delivered.
8. Please specify location of (4) HDMI Transmitters for Room 217" Response: (2) at the AV input wall plate and (2) at the flush floor outlet.
9. Please confirm Conference Room 217 does not require a touch panel for control." Response: Confirmed
10. Plans: Please mark location of 7"" & 10"" Wall Mount Touch Panels for rooms 102, 212, 213 & 215".
Response: Location of touch panels to be determined by the PD during the shop drawing/product submittal phase
11. Plans: Are there any data network cabling requirements behind the displays in rooms 217 and 102?"
Response: Provide data outlet with single connector at each video monitor.
12. Sheet E2.6 Which Contractor is responsible for providing and installing the Radio system reflected in Room 212 "R"" Symbols?"
Response: Owner's radio vendor/installer.
13. Sheet E2.6 It appears that Room 212 is missing Video Monitors at 2 locations. I see 8 desks and only 6 VM's Please confirm.
Response: The six (6) video monitors indicated on plan are not for the workstations, refer to 274100, Part 2, Item 2.04.A.2.c and d. Each workstation receives two (2) desk top mounted monitors per 274100, Part 2, item 2.04.A.2.e
14. Sheet E3.3 1/E3.3 Line diagram shows Room 209 AV rack Amplifier feeding Room 102 East/West Speakers. However, 2/E3.3 Line diagram shows those speakers being fed from an amplifier in the AV cabinets in the room? Please clarify Response: Locate the room 102 amplifier in the room 102 AV cabinet.
15. Sheet E2.5 Will the AV Cabinets in room 102 require POE switches? If yes, provide specs
Response: POE switches are at the AV rack
Addendum 3
Mayor
WARD L. SMITH
Mayor Pro Tern
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
16. Sheet E2.5 Room 102 has 2 AV Cabinet locations, plans do not show any Data network drop locations. How many data drops will be needed at the AV Cabinets? Response: Provide one data outlet With two cable drops at the A/V cabinet
17. Sheet 3.3
Room 102 shows 2 Laptops. Are these Laptops CFCI or OFOI? Response: La0ptops are OFOl
18. Sheet 3.3
Room 102 shows (2) AV Cabinets. Please provide AV Cabinet requirements and add to Appendix A
Response: Room 102 has one (1) AV cabinet. Refer to 274100, Part 2, kern
2.04.,.1 and 4 ppenddi ; A for equipment requirements.
19. Fiber Will we need to provide any fiber cabling connecting the 1st Floor MDF 109 to 2nd floor IDF?
esponse: No. All network/data cables on the second floor will be wired direct to the MDF on the first floor.
20. Riser Diagram Can you provide a Riser Diagram for section 271343 Scope of Work" Response: No need0 for riser diagram. There is only one Ik/ODFF, no ODF, and all station network/data cables are wired direct to the MDF on the first floor.
21. Sheet E2.5 will 271000 contractor need to provide any UPS/ PDUs in the racks? Or will these be provided by the PD IT?
Response: Central UPS provides back-up power to the racks. Refer to Sheet E2.3 Plan #2 and Section 263353
22. Sheet E2.5 Who is responsible for providing racks and Backup[ batteries in roorn 141 for Backup batteries?
Response: Electrical contractor. Refer to Section 263353
23. Sheet E1.2 There is no riser diagram, so it is assumed all backbone cabling is existing or provided by others. Please confirm backbone fiber/copper is not required to connect any MDF/I DF's"
Response: There is no fiber connection between the new building and the existing buildings on site. Utility company 'liber will be brought into the building by the utilit;/ cornpaany.
24. Sheet E3.3 The Extron XTP 6400 60-13866-007593 requires 220 power in the AV rack.
Please confirm 220 Power will be installed in AV rack by EC Response: EC to provide power to the rack.
25. Sheet E3.3 The AV Monitor Wali Plate Output for (VM) is shown on sheet E3.3 - 3 as a DTPR HWP 4K 231 D, however this is an XTP system. Please confirm the correct part number for these devices are XTP and not the Wall plate version. Per Appendix A we will provide XTP SR HD 4K HDMI Scaling Receiver 60-1524-02" Response: Provide per Appendix A
Addendum 3
Mayor
WARD L. SMITH
Mayor Pro Tom
JEREMY B. YAMAGUCHI
Councilmernbers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
26. Sheet E3.3 The AV Input (Transmitter) Wall Plate for Laptop is shown on sheet E3.3 - 4 as a DTPT DWP 4K 232D, however this is an XTP system. Please confirm the correct part number for these devices are XTP version. Per Appendix A we will provide XTP T HWP 101 4K HDMI Decorator -Style Transmitter - White 60-1611-13 Response: Provide per Appendix A
27. Appendix A Server Room 209 AV components show Video Output Boards qty: (15) each board contains 4 outputs. This would provide a total of 60 Outputs. Based on the information provided in Appendix A, this system only requires 31 outputs, requiring only 8 Output Boards. Please confirm 8 Output boards is acceptable or if 15 is required. as this will have a significant price impact.
Response: Provide fifteen (15)
1. The Butler contractor is ordering the electrical equipment that covers both the Butler building and the main building. The Butler TI inc MEP, finishes etc are by the Butler TI contractor. Do not include this scope. It has been "greyed out" in the plans. See below from A2.1A
2. Include the attached Elect Sheets in Addendum 3. All changes are clouded and marked with a Delta 3.
END OF BSD ADDENDUM NUMBER 3
Addendum 3
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilrnembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the Ci£y
401 East Chapman Avenue — Placentia, California 92870
ATTACHMENT
1. Electrical Plans Sheet — EO..3 — Panel Schedules
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
/Lc.[1G�J
&/1u„ iL,rl
57372 3
Addendum 3
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
General
The People are the City
401 East Chapman Avenue — Placentia, California 92870
Pjacen ja MAL° Safety Center Phase
RE -BM ADDEMUM HUMBER 4
Tuesday, May 2, 2023
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same.
Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them.
Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification.
In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern, and all other conditions shall remain the same.
PRE -BAD RFls;
1. Please consider extending the bid date.
Response: This is not possible.
2. Can a second pre-bid meeting be held? We would have attended if we had known.
Thanks!
Response: Not at this time.
3. Please confirm that the city and state will suffice for the address on the Subcontractor Listing.
Response: Yes, City and State CMN suffice.
4. Since this bid is being submitted electronically in PlanetBids, please advise if we are to complete the subcontractor listing electronically in PlanetBids or if we are to complete the subcontractor listing on the paper bid form and scan it in as part of our bid document package. Completing both would cause large delays on bid day for duplicate work.
Response: Subcontractors must be listed on both Planetbids in addition to the City's Subcontractors' list, uploaded on the Planetbids.
5. Room Finish, Door, and Window Schedule sheet 8.1 lists rooms within the Butler building. Please clarify - are these rooms in the scope or out of scope? Addendum 4
Mayor
WARD L. SMITH
Mayor Pro Tern
JEREMY B. YAMAGUCHI
Councilmemhers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
City Clark:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Response: Nothuraol within the Sutler for bidders, The only doors in the project scope that ars the ones that erre noted on the Floor Plans on Sheets A2.1 and A2.2. there &e 2 doors on Gridline 4 that transition into the Butler Building which are Doors 1035, and 130 and those are in the contract a5 weii as the transition details 2 and 4 on Detail Sheet 4.1.
6. Sheet C5 - Is the trash/debris guard in Phase 2 Scope? Response: Yes.
7. Please confirm - Phase 1 contractor prepared and submitted plans to the Fire Department per note on C6 (denoted with *).
Response: All underground (to the pad) fire water utilities are by others. This contract requires bringing in the fire lune and riser at Room 113. The Fire Protection Systems design for the building is by the phase 2 contractor as design build and will need to be submitted to City Fire Department. You are not just bringing in the fire riser. The riser, distribution of branch lines, heads etc. are within your scope.
8. SOW - Will there be any requirements for an Area or Refuge (AOR) system on 2nd floor elevator landing? If yes, who will provide and install? Response: Data receptacle has been added in Addendum 2.
9. SOW - will there be any temp services required for the site by section 271000 contractor or was all the temp services already covered under Phase 1?" Response: Phase 2 contractor will need to take over temp services.
10. DEMO - Was all DEMO for 270000 Contractor already completed by Phase 1 SOW. Or will there be DEMO requirements in phase 2?"
Response: No demo for phase 2
11. Sheet E0.2 Single Line, Why is half shaded is some of the gear purchased or on site already owner furnished , Contractor installed Sheet E1.2 Site Plan , Is the shaded portion by others?
Response: Shaded area indicates work not in this bid scope.
12. What is correct project # for Bid Bond? Please clarify, the project number is 5213 or 5203?
esponse: The correct project number is 5213.
Misc:
1. Bid Addendum #3 issued 5/1 has "#2" in header by error but does have #3 in footer and file name.
Addendum 4
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
401 East Chapman Avenue — Placentia, California 92870
END OF BID ADDENDUM NUMBER 4
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Addendum 4