Placentia City Council
November 7, 2023

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6803J225448
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Location And Description Of Completed Operations
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04
CG T8 02 XX XX
DATE OF ISSUE: 07/18/2022
location designated and described in the schedule of
this endorsement performed for that additional in-
sured and included in the "products -completed opera-
tions hazard".
© ISO Properties, Inc., 2004

Policy # 6803J225448

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurers
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Partin accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws of regulations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

2017 The Travelers Indemnity Company. All rights reserved CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy # 6803J225448
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The fumishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,

COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.

K. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION —

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

CG D3 79 02 19
© 2017 The Travelers Indemnity Company. All rights reserved.

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

POLICY NUMBER: BA9R464848 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
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 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 does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Group 4 Architecture
Endorsement Effective Date: 7/18/2022

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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 Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13
© Insurance Services Office, Inc., 2011 Page 1 of 1

AC.'(J?RD CERTIFICATE OF LIABILITY INSURANCE
v Acct#: 2832977

DATE(MM/DDIYYYY)
10/5/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER
Lockton Companies, LLC
3657 Briarpark Dr., Suite 700
Houston, TX 77042
CONTACT 888-828-8365

PHONE FAX
4A/C, No,E,4): (AMC, Nol:

EMAIL
ADDRESS: INSPERITYCERTSVILOCKTONAFFINITY.CQM

INSURER(S)AFFORDING COVERAGE
NAIC #
INSURER A : Ace American Insurance Co.
22667

INSURED
GROUP 4 ARCHITECTURE RESEARCH PLANNING
211 LINDEN AVE
SOUTH SAN FRANCISCO, CA 94080-3710
INSURER B :

INSURER C :

INSURER D

INSURER E -
INSURER F :

COVERAGES
CERTIFICATE NUMBER:

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

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

TYPE OF INSURANCE

ADDL INSD
SWVD

POLICY NUMBER

POLICY EFF
(MM/DDIYVYV)

POLICY EXP

IMM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$
CLAIMS -MADE Li OCCUR

DAMAGETO RENTED
PREt,Ml a.1Ea oCGurrprtpel
S
MED EXP (Any one person)
$
PERSONAL 8 ADV INJURY
$
GEN'L

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
JEa
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$

AUTOMOBILE
-

LIABILITY
AUTO

ALL OWNED
AUTOS

HIRED AUTOS

SCHEDULED
AUTOS

NON -OWNED
AUTOS
CEOC enDtEtNGLE LIMIT
occklANY
$
BODILY INJURY (Per person)
$
BODILY INJURY(Per accident)
$

PROPERTY DAMAGE
(Peraorddant)
$
$

UMBRELLA LIAB
7 EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
LIED , RETENT ON $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? ECUTIVE
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
NIA
X
C51648547
10/1/2022
10/1/2023

X PER OTH-

STATUTE ER
E•L, EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000

EL, DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) 30 -DAY NOTICE OF CANCELLATION
Placenta Senior Community Center, G4 project#22580-01
WAIVER OF SUBROGATION IN FAVOR OF the City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers, WHEN REQUIRED BY WRITTEN CONTRACT

CERTIFICATE HOLDER

CANCELLATION

CITY OF PLACENTIA

PUBLIC WORKS DIRECTOR/CITY ENGINEER
401 E. CHAPMAN AVE.

PLACENTIA, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

Workers' Compensation and Employers' Liability Policy
Named Insured
GROUP 4 ARCHITECTURE RESEARCH PLANNING
211 LINDEN AVE
SOUTH SAN FRANCISCO, CA 94080-3710
Endorsement Number
Policy Number
Symbol: RWC Number: C51648547
Policy Period
10/1 /2022T0 10/1/2023
Effective Date of Endorsement
10/1/2022
Issued By (Name of Insurance Company)
Ace American Insurance Co.

Insert the policy number. The remainder of the information is to he completed only when this endorsement fs Issued subsequent to the preparation of the policy.

NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES
A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below {the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule.

B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy.

C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy.

D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement.

E. We may arrange with your representative to send such notice in the event of any such cancellation.

F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule.

G. This endorsement does not apply in the event that you cancel the Policy.

SCHEDULE
Name of Certificate Holder
E -Mail Address
Physical Address
City of Placentia ; Public Works
Director/City Engineer
401 E. Chapman Ave.

Placentia, CA 92870
other terms and conditions of this Policy remain unchanged.

This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI.

Authorized Representative
WC 99 03 71 (01/11)

Workers' Compensation and Employers' Liability Policy
Named Insured
GROUP 4 ARCHITECTURE RESEARCH PLANNING
211 LINDEN AVE
SOUTH SAN FRANCISCO, CA 94080-3710
Endorsement Number
Policy Number
Symbol: RWC Number: C51648547
Policy Period
10/1/2022 TO 10/1/2023
Effective Date of Endorsement
10/1/2022
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

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

Schedule

1. ( X ) Specific Waiver
Name of person or organization:

City of Placentia ; Public Works Director/City Engineer 401 E. Chapman Ave.

Placentia, CA 92870
()
Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

Placentia Senior Community Center, G4 project#22580-01

3. Premium:

The premium charge for this endorsement shall be 1 0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0
Au�d Qge t ae.444.ee
WC 90 03 75 (05/18)

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF PROFESSIONAL DESIGN CONSULTING SERVICES WITH GROUP 4, ARCHITECTURE, RESEARCH + PLANNING, INC.

This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 7th day of November 7, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and GROUP 4, ARCHITECTURE, RESEARCH, + PLANNING INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective September 20, 2022, through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Agreement provides for two years and ten months of service through July 4, 2025, (iii). The Parties now seek to amend the Agreement to increase compensation by an additional $1,395,000 for the period of November 7, 2023, through July 4, 2025, to provide for the final architectural and engineering design of the senior/community center during the remainder of the contract term.
(iv.) The Parties understand that the amendment to the Agreement is made expressly contingent upon the execution of an amendment to the property lease agreement between the CITY and the County of Orange, authorizing the CITY to utilize additional County Park land to construct at least two hundred and twenty-five additional parking spaces for the proposed Community/Senior Center facility at Tri-City Park or a mutually agreed upon alternate site plan. (v.) CONSULTANT understands and agrees that no work shall be performed under this Amendment until the amendment to the lease agreement between the CITY and the County of Orange is finalized, and a notice to proceed is issued by the City Administrator or his designee. (vi.). All legal prerequisites to the making of this Amendment have occurred.

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

B. Amendment to Agreement.

1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Contractor's total compensation shall not exceed One Million Nine Hundred and Ninety -Three Thousand Seven Hundred and Sixty Dollars ($1,993,760).

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

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

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

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

CONSULTANT CITY OF PLACENTIA
By: By:

Dawn Merkes, AIA Damien R. Arrula
President City Administrator
ATTEST:

By:

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

By:

Christian L. Bettenhausen, City Attorney

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR/PUBLIC SERVICES & INFRASTRUCTURE NOVEMBER 7, 2023
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GEOCON WEST, INC., FOR PROFESSIONAL GEOTECHNICAL INSPECTION

AND TESTING SERVICES FOR THE PLACENTIA PUBLIC SAFETY CENTER

PROJECT
FISCAL
IMPACT: EXPENSE: $ 14,000.00 AMENDMENT AMOUNT
AVAILABLE: $ 5,115,602.00 FISCAL YEAR 2023-24 CIP BUDGET SUMMARY:

The City Council previously awarded a professional services agreement to Geocon West, Inc. (Geocon) to conduct a soils analysis and prepare the geotechnical report and building footing and foundation design for the Placentia Public Safety Center. In addition, Geocon's work scope includes providing independent third -party testing and inspection services for the building's foundation and footings. Geocon provided those services for the engineered Butler building and certified the pad and foundation for that portion of the building. Geocon is now providing those same services for the main building's foundation and footings as well. The project was split into phases to allow the Butler building to proceed first as the City's lease for its existing facility expires in March 2024. During construction of the main building's foundation and footings it was determined that additional inspection hours are required as the Phase 2 contractor has had to alter his method of constructing the footings and foundation so that they do not undermine or damage the Butler building's foundation, resulting in added inspection effort. Once the main building's foundation and footings have been completed and certified that will conclude Gecon's work effort on this project.

RECOMMENDATION:

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

1. Approve Amendment No. 2 to the Professional Services Agreement with Geocon West, Inc., for an additional $14,000, for a cumulative contract not -to -exceed amount of $114,600; and

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

1.k.

Nov. 07, 2023

City Council Agenda
November 7, 2023

STRATEGIC PLAN STATEMENT:

This agenda item conforms to Strategic Planning Goal and Objective 5.4, construct the Placentia Public Safety Center.

DISCUSSION:

The City previously contracted with Geocon West Inc., (Geocon) when it first began this project to conduct a geotechnical survey and report of the project site. The report analyzed soil samples taken from the project site coupled with historical geological information to develop design recommendations for the building's foundation and footings. The data was utilized by the City's design team as the basis for design of the new building. During construction, it is highly recommended that the project geotechnical engineer conduct site visits and provide independent third -party inspections of the building grading operations and take soil samples for testing to ensure that the grading and earthwork is completed pursuant to the design specifications.

Additional testing and inspection of the building's foundation and footings during construction is also highly recommended. To that end, the City Council approved an amendment to the Geocon agreement to provide additional hours and compensation to provide those services. Geocon provided third -party special inspection and testing services for the building pad, foundation and footings for the engineered steel Butler Building which was completed as Phase 1 of this project.

Amendment No. 2 to this agreement is presented to the City Council for its consideration as there is a need for added inspection and testing hours to complete the main building's (Phase 2) foundation and footings. During the construction of the main building's footings the contractor had difficulty positioning its equipment to complete the excavation work around the Butler Building without damaging or undermining the building's foundation. As such, altered means and methods of excavation using multiple slots have been implemented which requires added inspection hours.

The added work also impacts the main building's pad and foundation which will require added inspection and testing. Given the complexity of this project, its cost and status as a critical facility and the need to ensure the building's foundation and footings are built to the designed specifications, it is prudent to invest in the added third -party independent inspection and testing effort to guarantee a finished product that completely conforms to the engineered standards outlined in the geotechnical report and structural plans. Once this work has been completed it will conclude Geocon's work effort on this project.

FISCAL IMPACT:

The recommended action will approve an amendment to the Professional Services Agreement with Geocon West, Inc., for an additional $14,000 for a cumulative not -to -exceed amount of $114,600. Sufficient funds are budgeted and available in the amended Fiscal Year 2023-24 Capital Improvement Program Budget to cover this expense. As such, sufficient funds exist for the recommended actions.

City Council Agenda
November 7, 2023

Reviewed and approved:

Luis Estevez
Deputy City Administrator
Reviewed and approved:

Damien R. Arrula
City Administrator
Director of Finance
Attachment:

Amendment No. 2 to PSA with Transtech, Inc.

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF GEOTECHNICAL INSPECTION AND TESTING SERVICES WITH GEOCON WEST, INC.

This Amendment No. 2 ("Amendment") to Professional Services Agreement is made and entered into effective the 7TH day of November, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and GEOCON WEST, INC, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective July 25, 2023 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase funding not to exceed up to $114,600 and term of the agreement to remain the same. (iii). All legal prerequisites to the making of this Amendment have occurred.

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

B. Amendment to Agreement.

1. Section 2.0, Paragraph 2.1 of the Agreement is hereby amended to read as follows:

2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One -Hundred Fourteen Thousand Six Hundred Dollars ($114,600).

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

3. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By: 1 bw(a5 Q f zunAS
By:

Jelisa Thomas Adams Damien R. Arrula
GE City Administrator
ATTEST:

By:

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

By:

Christian L. Bettenhausen, City Attorney

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia Cit Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE NOVEMBER 7, 2023

LEASE AGREEMENT AND COOPERATION AGREEMENT BETWEEN THE CITY

OF PLACENTIA AND THE PLACENTIA CHAMBER OF COMMERCE FOR REAL PROPERTY LOCATED AT 120 S. BRADFORD AVENUE (APN 339-052-29) EXPENSES: $25,000
FUNDING: $25,000
REVENUE: $ 3,252

COOPERATIVE AGREEMENT
FY 2023-24 OPERATING BUDGET (101534-6301)
ANNUAL LEASE PAYMENT (101534-4711)
The City owns real property at 120 S. Bradford Avenue (Assessor Parcel Number 339-052-29) ("The Property") located in Old Town Placentia. The Property is more commonly referred to as Old City HaII. Over the past couple of years, the Property has undergone major renovations, including the installation of a new roof and HVAC system as well as handicap accessible restrooms and doors, flooring replacement, interior paint and construction of a courtyard. It is the City's and the Placentia Chamber of Commerce's (the "Chamber") desire to relocate the Chamber to Old City Hall to create a more professional presence within the business community and promote the growth of Old Town. This action approves a Lease Agreement and Cooperation Agreement with the Chamber for a term ending on November 7, 2028. The Lease Agreement can terminate within sixty (60) days written notice by either party.

RECOMMENDATION:

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

1. Approve the Lease Agreement between the City of Placentia and the Placentia Chamber of Commerce for real property located at 120 S. Bradford Avenue for a term ending on November 7, 2028; and

2. Approve the Cooperation Agreement between the City of Placentia and the Placentia Chamber of Commerce for a term ending on November 7, 2028; and

3. Authorize the City Administrator and/or his designee to make non -substantive changes as necessary and execute the Agreements on behalf of the City, in a form approved by the City Attorney.

1.I.

Nov. 07, 2023

City Council Agenda
November 7, 2023

STRATEGIC PLAN STATEMENT:

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

Promote Community and Economic Development, as Objective Number 3.3 to continue to recruit and attract retail, hotel and other commercial business that complement adjacent City assets and attractions. This agenda item will specifically result in the enhancement of the Placentia Chamber of Commerce's professional presence in the business community with the use of a City -owned facility in Old Town Placentia.

DISCUSSION:

The City maintains a positive working relationship with the Placentia Chamber of Commerce (the "Chamber") and has held several joint special events that promote economic development and business relations within the community. The Chamber has been steadfast in creating an environment that is dedicated to serving the City's businesses and their prosperity through advocacy, business education, and connectivity. This is particularly true during the COVID-19 pandemic. The Chamber has assisted the City with public dissemination of critical resources such as financial assistance and available funding by the City, State, and Federal agencies to ensure our business community could remain functional and prosperous during the pandemic. They have hosted free virtual workshops to share this information to our business community and have provided application assistance to those that have requested it.

Moving the Chamber to Old City Hall will further expand these efforts to create a stronger Chamber and will provide an amplified environment to accommodate professional business gatherings at Old City Hall. Over the past couple of years, the Property has undergone major renovations, including the installation of a new roof and HVAC system as well as handicap accessible restrooms and doors, flooring replacement, and interior paint. It is the City's and the Chamber's desire to relocate the Chamber to Old City Hall to create a more professional presence within the business community.

As part of the Lease Agreement, the Chamber has agreed to provide monthly lease payments to the City, which begin at $271.00 per month for the first year for leasing a total of 542 square feet of office space at Old City Hall. The lease payments will increase three percent (3%) each subsequent year for a total of five (5) years of the Lease Agreement. Both parties can agree to extend the term of the agreement for an additional five (5) years. Conversely, the Lease Agreement can terminate within sixty (60) days written notice by either party.

It is the desire of the City and the Chamber to have established office hours at Old City Hall for walk-ins, appointments, assisting visitors and day-to-day operations of the Chamber. As a result, a Cooperation Agreement has been prepared that will provide annual funding in the amount of $25,000 from the City to the Chamber. This funding will assist with the operations of the Chamber and the Chamber would provide annual reports to the City Council on the Chamber's membership, events, programs and services to the business community. A detailed scope of services to be provided by the Chamber is attached to the Cooperation Agreement.

City Council Agenda
November 7, 2023

FISCAL IMPACT:

The City will receive an annual lease payment revenue in the amount of $3,252 during their first year of operation and this lease amount will gradually increase (3%) annually. An annual cooperation payment of $25,000 will be incurred by the City of Placentia for the services outlined within the cooperation agreement. Sufficient funds exist within the FY 2023-24 operating budget.

Prepared by:

Reviewed and appr6ed:

Jean a rtega Luis Estevez
Deputy Director of Administrative Services Deputy City Administrator Reviewed and approv_ ed
Damien R. Arrula
City Administrator
Attachments:

1. Lease Agreement with the Placentia Chamber of Commerce

2. Cooperation Agreement with the Placentia Chamber of Commerce

LEASE OF REAL PROPERTY LOCATED AT 120 S.

BRADFORD STREET, PLACENTIA, CALIFORNIA
This LEASE OF REAL PROPERTY ("Lease") is dated November 7, 2023 and is entered into by and between the CITY OF PLACENTIA, a Charter City and municipal corporation (hereinafter referred to as "City"), and the PLACENTIA CHAMBER OF COMMERCE, a California non-profit corporation (hereinafter referred to as "Tenant").

1. Recitals.

This Lease is entered into based upon the following facts, circumstances and understandings:

1. City owns that certain parcel of real property, located at 120 S. Bradford Avenue, the legal description of which is set forth in Exhibit A, (the "Property") attached hereto and incorporated herein by this reference.

2. Tenant desires to lease a portion of the Property as expressly described and depicted on Exhibit B, hereinafter referenced as the "Premises."

3. Tenant desires to continue to operate its business operations on the Property and in the leased Premises.

4. Based on the foregoing facts, circumstances and understandings and on the terms and conditions set forth below, City is willing to lease the Premises to the Tenant for Tenant's proposed use subject to the terms and conditions of this Lease.

5. All legal prerequisites to the making of this Lease have occurred.

WHEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the facts, circumstances and understandings set forth above (which are incorporated into the body of this Lease by this reference) and the terms and conditions set forth herein, the parties, intending to be legally bound, hereto agree as follows:

2. Premises; Use of Certain Rooms
City hereby agrees to lease to Tenant and Tenant agrees to lease from City that certain space as depicted on Exhibit B of the Property, specifically the rooms identified as room number 110, 111, 112, and 113. The City to purchase the office furniture for the stated rooms on Exhibit B. The City will consult with the Tenant but the final decision on the furniture rests with the City.

Tenant shall also have the right to use the Courtyard up to four (4) times per month for Chamber of Commerce -sponsored events in connection with its business operations, not to exceed five (5) hours per use, as available, provided that each use is reserved on the City's master reservation calendar no less than one (1) week in advance, and such scheduling shall be subject to the availability of the courtyard and shall not occur during the Fire and Life Safety Department's normal business hours. Longer periods may be allowed at the City's discretion.

Tenant shall also have the right to use certain restrooms space numbers 132 and 131 as depicted on Exhibit B of this Agreement.

Chamber Lease Agreement Page 1 of 16

Tenant shall also have the right to use one (1) designated parking stall in the back of Old City Hall's off-street parking lot for its business operations.

Tenant shall be issued one (1) key FOB, which is a keyless entry remote transmitter which will provide electronic access control in and out of the parking lot at Old City Hall. Tenant will be provided with keys for all exterior doors within its leased space as well as the exterior mailbox provided by the City. Tenant shall be issued one (1) remote control to open and close the motorized gate to the parking lot. City shall provide Visitor Center furnishings which shall remain the property of the City through the lease term.

Tenant shall have access to a designated City -provided mailbox for Chamber business use with the property address listed as 120 S. Bradford Avenue, Placentia, CA 92870.

3. Term; Extension Option
The term of this Lease shall be for five (5) years, commencing on November 7, 2023, and ending on November 7, 2028.

Tenant can submit a request to the City to extend the term of this Lease for an additional five (5) years (the "Extension Term") by giving written notice of the extension to the City at least two (2) months prior to the expiration of the initial five (5) year term. The City Council shall have the discretion to approve or deny the extension request. This Lease may be terminated by City, with or without cause, and without liability to City, on sixty (60) days prior written notice to Tenant.

4. Rent
Commencing on November 7, 2023, Tenant agrees to pay to City, as rent without prior notice or demand by the City, the sum of $271.00 per month, on or before the first day of each calendar month during the term of this Lease, subject to the following annual increases.

The monthly rent shall be increased annually, effective November 7th of each year (including the first day of the Extension Term and November 7t1 of each year during the Extension Term, if any), by three percent (3%) of the monthly rent in effect for the previous year, as depicted in Exhibit C.

Rent for any period during the term hereof which is for less than one (1) month shall be a prorated portion of the monthly payment required herein, based upon a thirty (30) day month. Said rental shall be paid to City without deduction or offset, in lawful money of the United States of America at 401 E. Chapman Avenue, Placentia, California, 92870.

5. Use
Tenant shall use the Premises and Courtyard for professional office purposes in connection with its Placentia Chamber of Commerce business operations and shall not use or permit the Premises to be used for any other purpose without the prior written consent of City at its sole and absolute discretion. Tenant shall not do or permit anything to be done in or about the Premises nor Chamber Lease Agreement Page 2 of 16

bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Premises or any of its contents, or cause cancellation of any insurance policy covering the Premises or part thereof or portion of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the operations of the Placentia Fire and Life Safety Department or the rights of other parties or injure or annoy them or use or allow or permit the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant understands that the Placentia Fire and Life Safety Department can be disruptive at times due to the nature of their operations. Likewise, Placentia Fire and Life Safety Department shall endeavor to not unreasonably do or permit anything to be done in or about the Premises which will obstruct or interfere with the operations of the Placentia Chamber of Commerce or the rights of other parties or injure or annoy them or use or allow or permit the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall maintain the Premises so as to be free from risk hazards to the public health, safety, or welfare.

6. Compliance with Law
Tenant shall not use the Premises or Courtyard or permit anything to be done in or about the Premises or Courtyard which will in any way conflict with any law, statute, ordinance or other governmental rule or regulation now in force or which may hereinafter be enacted or promulgated.

Tenant shall, at its sole cost and expense, promptly comply with all law,statutes, ordinance and other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, and with the requirements of any board of fireinsurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements and acts. The judgment of a court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether City is party theretoor not, the Tenant has violated any law, statute, ordinance or any other governmental rule or regulation shall be conclusive of that fact as between City and Tenant.

7. Alterations and Additions
Tenant shall not make or suffer to be made any alterations, additions or improvements in or about the Premises or any part thereof without the written consent of the City Administrator. Any alterations, additions or improvements in, to or about the Premises including, but not limited to, wall coverings, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration or sooner termination of the term hereof, become a part of the realty shall belong to City and shall be surrendered with the Premises. In the event City consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense.

8. Physical Condition of Premises; Limited City Maintenance Responsibilities By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises (and Conference Room) As -Is and as being in good sanitary order, condition and repair. Tenant shall, as Tenant's sole cost and expense, keep the Premises and any part thereof in good condition and Chamber Lease Agreement Page 3 of 16

repair. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to City in good condition. City shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises, or any part thereof, and the parties hereto affirm that City has made no representations to Tenant respecting the conditions of the Premises or the building thereon except as specifically set forth herein. Tenant further agrees that it shall submit to City, prior to applying for any permits to renovate, reconstruct, improve, alter or in any other way modify the premises, plans and specifications for City's approval. The City shall provide routine custodial maintenance of the restrooms and courtyard. Tenant shall be responsible to provide routine custodial maintenance of its leased office spaces.

City shall not be liable for any failure to make any repairs, or to perform any maintenance with respect to the Premises, except as specifically provided herein. Except as may otherwise expressly be provided herein, there shall be no abatement of rent and no liability of City by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the building or the Premises or the Courtyard or in or to any fixtures, appurtenances and equipment therein. Tenant hereby specifically waives the right to make repairs at City's expense under any law, statute or ordinance now or hereafter in effect.

Notwithstanding the foregoing, City shall, at City's expense (except for damage caused by Tenant or its contractors, employees or agents), maintain and repair the HVAC serving the Premises and the lighting system within the Premises; however, City shall not be in default for failure to maintain or repair (or for failure to comply with any other provisions of this Lease) unless Tenant shall have given written notice to City of the failure and City shall have failed to cure the failure within thirty (30) days after such notice; provided, however, that if the nature of the cure is such that more than thirty (30) days are needed to cure, then City shall not be in default provided City commences the cure within the thirty (30) day period and thereafter diligently prosecutes the cure to completion.

9. Claims Against Premises
Tenant shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's or subcontractor's liens arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Premises or any other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Premises. Tenant agrees to indemnify, defend and hold the City and the Premises free and harmless of all liability for any and all such claims and demands, together with City's reasonable attorneys' fees and all costs and expenses in connection therewith.

10. Utilities
City and Tenant agree that the rent specified in Section 4 of this Lease includes the base cost of all water, electrical, gas and other utility services, but excludes telephone costs and internet (which Tenant shall procure at its sole cost and expense). Tenant shall not run any new utility or communication service lines without City's prior written consent. The rent also includes the Tenant's fair share of maintenance and operation of the percentage of the building occupied by the Chamber Lease Agreement Page 4 of 16

tenant.

11. Taxes
Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of Tenant's possessory interest in and to the Premises, leasehold improvements, equipment, furniture, fixtures and personal property located in or about the Premises. Tenant agrees that, without prior demand or notice by City, Tenant shall, not less than fifteen (15) days prior to the date upon which any such possessory interest or other such tax is due, provide City with proof of payment of such tax.

12. Rules and Regulations
Tenant shall faithfully observe and comply with all the rules and regulations as they pertain to the Premises and/or the Courtyard, that City shall from time to time promulgate. City reserves the right from time to time to make reasonable modifications, to said rules and regulations. City shall endeavor, but not be required to, consult with Tenant prior to implementing any changes that will affect Tenant's operations. The additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant.

13. Holding Over
If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof, with the express written consent of City, such occupancy shall be a tenancy from month -to -month at a rental in the amount of one hundred and ten percent (110%) of the last monthly rental, plus all other charges payable hereunder, and upon all the terms and conditions hereof applicable to a month -to -month tenancy.

14. Entry by City
Tenant hereby agrees that representatives of the City, as designated by the City Administrator, shall have the right to enter the Premises without escort for its employees and agents, twenty-four (24) hours a day, seven (7) days per week, and inspect the same to determine if the same complies with each and every term and condition of this Lease and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of Tenant's business. City shall endeavor, but not be required to, notify Tenant within twenty-four (24) hours of entering the Premise. Tenant hereby waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises and any loss occasioned thereby. For each of the aforesaid purposes, City shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files, and City shall have the right to use any and all means which City may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises obtained by City by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof.

Chamber Lease Agreement Page 5 of 16

15. Default
The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:

A. Vacating or abandonment of the Premises by Tenant;
B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by City to Tenant; C. A failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by, Tenant, where such failure shall continue for a period of thirty (30) days afterwritten notice thereof by City to Tenant; provided, however, that if the nature of the default involves such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion; and D. The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located in or about the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or otherjudicial seizure of substantially all of Tenant's interest in this Lease, where such seizure is not discharged in thirty (30) days.

16. Remedies for Default
In the event of any such material default or breach by Tenant, City may at any time thereafter and without notice or demand and without limiting City in the exercise of a right or remedy City may have by reason of such default or breach:

A. Terminate Tenant's right to possession of the Premises by any lawful means in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to City. In such event, City shall be entitled to recover from Tenant all damages incurred by City by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs, any real estate commission actually paid, or the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such rental loss for the same period that Tenant proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest from the due date thereof at the rate of ten percent (10%). In the event Tenant shall have abandoned the Premises, City shall have the option of (1) taking possession of the Premises and recovering from Tenant the amount specified in this subparagraph, or (2) proceeding under the Chamber Lease Agreement Page 6 of 16

provisions of the following subparagraphs.

B. Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, City shall be entitled to enforce all of City's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder.

C. Pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by City as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon City until the time of trial of any suchaction or proceeding.

17. Eminent Domain
If more than twenty-five percent (25%) of the Premises shall be taken or appropriated by any public or quasi -public authority under the power of eminent domain, either party hereto shall have the right, as its option, to terminate this Lease, and City shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made connection with such public or quasi -public use or purpose, and Tenant shall have no claim against City for the value of any unexpired term of this Lease. If either less than or more than twenty-five percent (25%) of Premises is taken, and neither party elects to terminate as herein provided, the rental thereafter to be paid shall be equitably reduced.

18. Offset Statement
Tenant shall at any time and from time to time upon not less than ten (10) days prior written notice from City, execute, acknowledge and deliver to City a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any incurred defaults on the part of City hereunder, or specifying such defaults if any are claimed. Any such statement may be reliedupon by any prospective purchaser or encumbrancer of all or any portion of which the Premises are a part.

19. Assignment and Subletting
Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties nor shall Tenant sublet all or any portion of the Premises or the Courtyard without first obtaining the written consent of City. Any assignment or subletting without such prior written consent shall be void for all purposes and City may, at its option, declare a forfeiture of the same in any manner provided by law. Consent to any such assignment or subletting shall beat City's sole and absolute discretion and City is not required hereunder to consent to any such proposed assignment or subletting.

20. Attorneys' Fees
In the event that any action or proceeding is brought by either party to enforce any term or Chamber Lease Agreement Page 7 of 16

provision of this Lease, the prevailing party shall recover its reasonable attorneys' fees, experts' costs, and all other costs of suit.

21. Fixtures
All trade fixtures installed in or on the Premises by Tenant may be removed by Tenant at any time during the term of this Lease so long as the same may be removed without permanent damage to the Premises. Tenant shall repair all damage which may result therefrom to the reasonable satisfaction of City.

22. Indemnification
Tenant agrees that Tenant will defend, indemnify and hold City and their elected officials, officers, agents and employees free and harmless from all liabilities, claims, losses, damages, costs and expenses for damage to persons or property by reason of Tenant's negligence or Tenant's acts or those of Tenant's employees, agents, guests or invitees in connection with Tenant's use and occupancy of the Premises and the Courtyard and any common areas of the Building or other portions of the Building.

23. Insurance
A. Fire and Extended Coverage
1) Tenant's Duty to Keep Improvements Insured
Throughout the term here of at Tenant's sole cost and expense, Tenant shall keep or cause to be kept insured, for the mutual benefit of City and Tenant, all improvements located on or appurtenant to the Premises against loss or damage by fire and such other risks as are now or hereafter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief The amount of the insurance shall be the then replacement cost but without deduction for depreciation (herein called "Full Insurable Value"). City shall not carry any insurance the effect of which would be to reduce the protection or payment to Tenant under any insurance that this Lease obligates Tenant to carry. If any dispute as to whether the amount of insurance complies with the above cannot be resolved by agreement, City may, not more than once every three (3) months, request the carrier of the insurance then in force to determine the Fu11 Insurable Value as defined in this provision, and the resulting determination shall be conclusive between the parties for the purpose of this paragraph.Tenant shall include the holder of any mortgage on the Lease as a loss payee to the extent of that mortgage interest. 2) Proceeds of Fire and Extended Coverage Insurance
City shall, at Tenant's sole cost and expense, cooperate fully with Tenant to obtain the largest possible recovery, and all policies of fire and extended coverage insurance required by subparagraph 22, above, shall provide that the proceeds shall be paid to Tenant as follows:

Chamber Lease Agreement Page 8 of 16

a) The proceeds shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease.
b) Disbursements of proceeds for repair, restoration, reconstruction of improvements shall be made monthly on architect' s certificates until all the work is completed and accepted; provided, however, that such disbursements shall not exceed ninety percent (90%) of the work in place until completion, acceptance, expiration of time for lien claims, and elimination of all liens claimed.
c) Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the sole property of Tenant.

B. Commercial General Liability Insurance
Throughout the term hereof, at Tenant's sole cost and expense, Tenant shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Tenant, commercial general liability insurance against claims and liabilities for personal injury, death, and/or property damage arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining areas or ways, providing protection of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person, One Million Dollars ($1,000,000) for any one accident or occurrence and at least Five Hundred Thousand Dollars ($500,000) for property damage.

C. Policy Form, Contents and Insurer
All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language providing that (1) the insurer waives the right of subrogation against City and against City's employees, agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannotbe canceled or materially altered except after thirty (30) days' notice by the insurer to City. Tenant shall furnish City with copies of all such policies promptly upon receipt of them, or certificates evidencing the insurance. Prior to the commencement of this Lease, Tenant shall furnish City with certificates and endorsements representing all insurance required by this Lease.The required policy shall name the City of Placentia and their respective elected officials, officers, agents and employees as additional insureds. Tenant may affect for its own account any insurance not required under this Lease.

D. Failure to Maintain Insurance; Proof of Compliance
Tenant shall deliver to City, in the manner required for notices, copies of certificates and endorsements of all insurance policies required by this Lease, together with evidence satisfactory to City of having procured and currently maintaining all required policies,with the following time limits:

For insurance required at the commencement of this Lease, upon execution of this Lease; for insurance becoming required at a later date, at least ten (10) days before that requirement Chamber Lease Agreement Page 9 of 16

takes effect, or as soon thereafter as the requirement, if new, takes effect; For any renewal or replacement of a policy already in existence, at least twenty (20) days before expiration or other termination of the existing policy.

If Tenant fails or refuses to procure or maintain insurance as required by this Lease, or fails or refuses to furnish City with required proof that the insurance has been procuredand is in full force and paid for, City shall have the right, at City's election and on thirty (30) days' notice, to procure and maintain such insurance. The premiums paid by City shall be treated as added rent due from Tenant with interest at the rate of ten percent (10%) to be paid on the first day of the month following the date on which the premium was paid. City shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the day of the notice.

24. Authority of Parties
Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with terms.

25. Waiver
The waiver by City of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by City shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of the Tenant to pay the particular rental so accepted, regardless of City's knowledge of such preceding breach at the timeof the acceptance of such rent.

26. Time
Time is of the essence of this Lease and each and all of its provisions in which performance is a factor.

27. Late Charges
Tenant hereby acknowledges that late payment by Tenant to City of rent or other sums due hereunder will cause City to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent from Tenant shall not be received by City or City's designee within fifteen (15) days after written notice that said amount is past due, then Tenant shall pay to City a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that City will incur by reason of the late payment by Tenant. Acceptance of such late charges by City shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent City from exercising any of the rights and remedies granted hereunder.

Chamber Lease Agreement Page 10 of 16

28. Inability to Perform
This Lease and the obligations of Tenant hereunder shall not be affected or impaired because City is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil, insurrection, acts of God, or any other cause beyond the reasonable control of City.

29. Signs
Tenant shall not place any permanent signage upon the Premises without City's prior written consent. Temporary signage must be approved by the City.

30. Performance Bond
Tenant shall obtain prior to the commencement of any repair, alteration, addition, renovation or improvement as may be required or permitted herein if the work is in excess of $10,000, Tenant shall file with the City Clerk of City a corporate surety bond satisfactory to City's City Council and conditioned that the Tenant shall well and truly observe, fulfill and perform each and every repair, alteration, addition, renovation or improvement contemplated. The corporate surety bond shall be in the penal sum of one hundred and ten percent (110%) of the reasonable value of any such repair, alteration, addition, renovation or improvement as determined by City's Building Official, whose decision shall be final. In the event of any breach of any condition of the aforesaid bond, the whole amount of thepenal sum therein named shall be deemed to be liquidated damages, and the same shall be recoverable from the principal and sureties upon the bond. This corporate surety bond will be required for any repair, alteration, addition, renovation or improvement over $10,000, as estimated by the City.

Upon completion of the repairs, alterations, additions, renovations or improvements secured by said corporate surety bond, Tenant may apply to City's Building Official for a reduction in the penal sum of said bond and said Building Official, upon satisfactory proof being presented shall reduce the penal sum thereof to an amount not exceeding fifty percent (50%) of the reasonable value of said repairs, alterations, etc.

31. Successors
Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding upon and inure to the benefit of all successors in interest of the parties.

32. Notices
Any notice required or permitted under the terms of this Lease shall be deemed served when personally served on Tenant or City's City Clerk or when the same has been placed in the United States mail, postage prepaid and addressed as follows:

Chamber Lease Agreement Page 11 of 16

Tenant: Placentia Chamber of Commerce
120 S. Bradford Avenue
Placentia, CA 92870
Attention: President
City:

City of Placentia
Attention: City Administrator
401 E. Chapman Avenue
Placentia, CA 92870

33. Execution by City Not a Waiver
Tenant understands and agrees that City, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in City to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which City may be empowered to apply, including, but not limited to, any use permit or approval whether similar in nature or not.

34. Entire Agreement
This Lease contains the entire agreement between the parties with respect to the subject matter herein. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on its own examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in the Lease itself.

The failure or refusal of either party to inspect the Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.

WHEREFORE, the parties hereto have entered into the Lease as of the date set forthbelow opposite the name of each signatory hereto.

CITY:

CITY OF PLACENTIA,
a political subdivision of the
State of California
Damien R. Arrula
City Administrator
TENANT:

PLACENTIA CHAMBER OF
COMMERCE, a California non
profit corporation
Walt Lynch, President
Placentia Chamber of Commerce
Chamber Lease Agreement Page 12 of 16

Approved as to Form:

Christian Bettenhausen, City Attorney
Attest:

Robert S. McKinnell, City Clerk, City of Placentia
Chamber Lease Agreement Page 13 of 16

EXHIBIT "A"

LEGAL DESCRIPTION
The land referred to herein below is situated in the City of Placentia, in the County of Orange, State of California, and is described as follows:

Parcel 2 of Parcel Map No. 85-378, in the City of Placentia, County of Orange, State of California as shown on a Map filed in Book 208, Pages 13 and 14 of Parcel Maps, in the office of the County Recorder of said Orange County; excepting therefrom a portion of said Parcel 2, more particularly described as a whole as follows:

Beginning at the most Westerly corner of said Parcel 2; thence along the Northwesterly and Northeasterly boundary line of said Parcel 2 through the following courses North 13°59'25" East

65.00 feet; thence South 76°01'54" East 71.26 feet; thence North 13°58'06' East 2.00 feet', thence South 76°01'54" East 20.00 feet to an angle point in said Northeasterly boundary line; thence leaving said Northeasterly line and along the Southeasterly prolongation of said Northeasterly line South 76°01'54" East 29.99 feet to a point on the Southeasterly boundary line of said Parcel 2; thence along said Southeasterly line, South 13°59'25" West 67.00 feet to the most Southerly corner of said Parcel 2; thence leaving said Southeasterly line and along the Southwesterly line of said Parcel 2; North76°01'54" West 121.25 feet to the point of beginning.

Containing an area of 7,981 square feet (0.183 acres)
Assessor's Parcel Numbers(s):
1: 339-052-28
2: 339-052-29
Chamber Lease Agreement Page 14 of 16

Chamber Lease Agreement

COURTYARD

CHA MBER
OFFICE
110
209 SF

CHA MBER
OFFICE
111
141 SF
j

5.4 CHAMBER

STORA GE
32 SF

CHAMBER

CONFERENCE
ROOM
113
160 SF
E ROC
RE SIO<w
Lover
NNE
212 9
TOILET

PARKING
(1 RESER VED PARKING

STALL FOR CHAMBER)
nER OIIYL Ol En offrcE
L -I
/ME Cn E!
P REJt ROOM
IRK

SIO UAN ROOM
ME M
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EXHIBIT "C"

PAYMENT SCHEDULE
Year
Monthly Payment
November, 2023
$271.00
November, 2024
$279.13
November, 2025
$287.50
November, 2026
$296.13
November, 2027
$305.01
November, 2028
$314.16
Year
Monthly Payment
November, 2029
$323.59
November, 2030
$333.30
November, 2031
$343.29
November, 2032
$353.59
November, 2033
$364.20
Chamber Lease Agreement Page 16 of 16

COOPERATION AGREEMENT BETWEEN THE

CITY OF PLACENTIA AND THE PLACENTIA

CHAMBER OF COMMERCE
This COOPERATION AGREEMENT ("Agreement") is dated November 7, 2023 and is entered into by and between the CITY OF PLACENTIA, a Charter City and municipal corporation (hereinafter referred to as "City"), and the PLACENTIA CHAMBER OF COMMERCE, a California non-profit corporation (hereinafter referred to as "Chamber").

1. Recitals.

This Agreement is entered into based upon the following facts, circumstances and understandings:

1. City owns that certain parcel of real property, located at 120 S. Bradford Avenue and the Chamber desires to lease a portion of the Property as expressly described in the Lease of Real Property Agreement dated November 7, 2023.

2. Chamber desires to continue to operate its business operations on the Property and in the leased Premises as described in Exhibit A.

3. Based on the foregoing facts, circumstances and understandings and on the terms and conditions set forth below, the City is willing to provide compensation for services provided within and subject to the terms and conditions of this Agreement.

4. All legal prerequisites to the making of this Agreement have occurred.

WHEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the facts, circumstances and understandings set forth above (which are incorporated into the body of this Agreement by this reference) and the terms and conditions set forth herein, the parties, intending to be legally bound, hereto agree as follows:

2. Business Operations
Standard business operating hours must be made visible to all visitors to ensure that Room #110 as depicted on Exhibit A of this Agreement will be used as a Visitor's Center for the public to purchase Placentia memorabilia items for sale with the official City seal and logo must be preapproved by the City of Placentia. Regular business hours for the Visitor's Center must be established and maintained for twenty (20) hours per calendar week.

Chamber shall have access to a designated City -provided mailbox for Chamber business use with the property address listed as 120 S. Bradford Avenue, Placentia, CA 92870.

3. Term; Extension Option
The term of this Agreement shall be for five (5) years, commencing on November 7, 2023, Chamber Cooperation Agreement Page 1 of 10

and ending on November 7, 2028.

Chamber can submit a request to extend the term of this Agreement for an additional five (5) years (the "Extension Term") by giving written notice of the extension request to the City at least two (2) months prior to the expiration of the initial five (5) year term. The City Council shall have the discretion to approve or deny the extension request. This Agreement may be terminated by either party, with or without cause, and without liability to either party, on sixty (60) days prior written notice to either party.

4. Compensation
Chamber shall receive compensation and shall perform the scope of services as fully described in Exhibit B of this Agreement. Services shall be provided under this Agreement at a flat rate of Twenty-five Thousand Dollars ($25,000) on an annual basis, starting on November 7th of each year.

The compensation provided by the City shall not be used for political campaign activities of any type. No Funds paid by the City will in any way be used for political ads, campaign activities or campaign contributions.

To the extent that the goals established in this Agreement are met, payment for basic services shall be made in one equal payment per fiscal year. Upon execution of this Agreement an invoice for services proposed to be rendered will be due to the City within thirty (30) days following November, 7th of each fiscal year starting 2023.

5. Use
Chamber shall use the Compensation for professional purposes in connection with its Placentia Chamber of Commerce business operations and shall not use or permit the Compensation to be used for any other purpose without the prior written consent of City at its sole and absolute discretion which will not be withheld unless proven that this Agreement was violated.

6. Default
The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by Chamber:

A. A failure by Chamber to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by, Chamber, where such failure shall continue for a period of thirty (30) days afterwritten notice thereof by City to Chamber; provided, however, that if the nature of the default involves such that more than thirty (30) days are reasonably required for its cure, then Chamber shall not be deemed to be in default if Chamber commences such cure within such thirty (30) day period and thereafter diligently prosecutes said cure to completion; and
B. The making by Chamber of any general assignment or general arrangement for the Chamber Cooperation Agreement Page 2 of 10

benefit of creditors; or the filing by or against Chamber of a petition to have Chamber adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Chamber, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Chamber's assets located in or about the Premises or of Chamber's interest in this Agreement, where possession is not restored to Chamber within thirty (30) days; or the attachment, execution or otherjudicial seizure of substantially all of Chamber's interest in this Agreement, where such seizure is not discharged in thirty (30) days.

7. Offset Statement
Chamber shall from time to time, and not more than annually, upon not less than thirty (30) days prior written notice from City, execute, acknowledge, and deliver to City a statement in writing (a) certifying that this Agreement is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Chamber's knowledge, any incurred defaults on the part of City hereunder, or specifying such defaults if any are claimed.

8. Assignment and Subletting
Chamber shall not assign or transfer this Agreement or any right hereunder to any other party without first obtaining the written consent of City. Any assignment or subletting without such prior written consent shall be void for all purposes and City may, at its option, declare a forfeiture of the same in any manner provided by law. Consent to any such assignment or subletting shall be at the City's sole and absolute discretion, and City is not required hereunder to consent to any such proposed assignment or subletting.

9. Attorneys' Fees
In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees, experts' costs, and all other costs of suit.

10. Indemnification
Chamber agrees that Chamber will defend, indemnify and hold City and their elected officials, officers, agents and employees free and harmless from all liabilities, claims, losses, damages, costs and expenses for damage to persons or property by reason of Chamber's negligence or Chamber's acts or those of Chamber's employees, agents, guests or invitees in connection with Chamber's operations.

11. Authority of Parties
Each individual executing this Agreement on behalf of Chamber represents and warrants that he or she is fully authorized to execute and deliver this Agreement on behalf of Chamber and that this Agreement is binding upon Chamber in accordance with terms.

Chamber Cooperation Agreement Page 3 of 10

12. Waiver
The waiver by City of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by City shall not be deemed to be a waiver of any preceding breach by Chamber of any term, covenant or condition of this Agreement, other than the failure of the Chamber to pay the particular rental so accepted, regardless of City's knowledge of such preceding breach at the time of the acceptance of such rent.

13. Time
Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.

14. Inability to Perform
This Agreement and the obligations of Chamber hereunder shall not be affected or impaired because City is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil, insurrection, acts of God, or any other cause beyond the reasonable control of City.

This Agreement and the obligations of City hereunder shall not be affected or impaired because Chamber is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil, insurrection, acts of God, or any other cause beyond the reasonable control of Chamber.

15. Notices
Any notice required or permitted under the terms of this Agreement shall be deemed served when personally served on Chamber or City's City Clerk or when the same has been placed in the United States mail, postage prepaid and addressed as follows:

Chamber: Placentia Chamber of Commerce
120 S. Bradford Avenue
Placentia, CA 92870
Attention: President
City: City of Placentia
Attention: City Administrator
401 E. Chapman Avenue
Placentia, CA 92870
Chamber Cooperation Agreement Page 4 of 10

16. Execution by City Not a Waiver
Chamber understands and agrees that City, by entering into and executing this Agreement, shall not have waived any right, duty, privilege, obligation or authority vested in City to approve, disapprove or conditionally approve any application which Chamber may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which City may be empowered to apply, including, but not limited to, any use permit or approval whether similar in nature or not.

17. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the subject matter herein. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement, the counsel of its own advisors, and the warranties, representations, and covenants in the Agreement itself.

18. No Partnership or Joint Venture; Private Undertaking It is understood and agreed by and between the parties hereto that the scope of work contemplated by this Agreement is a not intended to create a legal business relationship, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is foiuied by this Agreement.

WHEREFORE, the parties hereto have entered into the Agreement as of the date set forth below opposite the name of each signatory hereto.

CITY:

CITY OF PLACENTIA,
a political subdivision of the
State of California
Damien R. Arrula
City Administrator
CHAMBER:

PLACENTIA CHAMBER OF
COMMERCE, a California non
profit corporation
Walt Ly h, Presi ent
Placentia Chamber of Commerce
Chamber Cooperation Agreement Page 5 of 10

Approved as to Form:

Christian Bettenhausen, City Attorney
Attest:

Robert S. McKinnell, City Clerk, City of Placentia
Chamber Cooperation Agreement Page 6 of 10

Chamber Cooperation Agreement
UO
O

CO URTYARD

CHAMBER
OFFICE
110

CHAMBER
OFFICE
111
209 SF 141 SF

CHAMBER

STORAGE
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CHAMBER

CO NFERENCE
RO OM
113
160 SF

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EXHIBIT "B"

SCOPE OF SERVICES

1. Chamber must remain in good standing as defined in the context of AB 488 (which went effective January 1, 2023), and means that the platform charity, recipient charitable organization, or other charitable organization's tax-exempt status has not been revoked by the Internal Revenue Service (IRS), or the FTB, or is not prohibited from soliciting or operating in the state by the Attorney General (AG).

2. Respond to inquiries from the general public by providing information on a variety of subjects, including but not limited to, business and business opportunities, visitor and new resident information, particularly as those inquiries relate to business generation in the City. The objective is to handle all phone, walk-in, mail, and facsimile inquiries in an efficient and informative manner in the following classifications:
a. Phone calls requesting City and business information b. Walk-in's requesting general information
c. Mail and e-mail response
d. Brochures and pamphlets
Inquiries will be dealt with by Chamber staff on a daily basis and will be recorded in a daily log. Activity figures will be reported to the City as part of the Chamber's annual report. Manage, update, and maintain the Chamber website with full range of information, including links to the City website.

3. Display City and Chamber information. These materials shall include Membership Directory and City map.

4. Coordinate with the City a monthly and annual Calendar of City and Chamber Events.

Monitor all City and Chamber events to evaluate potential scheduling conflicts.

5. Display City marketing materials in the Visitors Center of events, entertainment, or activities for Old Town and other commercial areas with the assistance of the City and other business representatives.

6. Explore potential of developing more projects to promote and market Placentia.

7. Provide outreach efforts with other commercial centers with the goal of developing joint marketing and advertising campaigns and visitors' information materials.

8. Purchase and maintain a stock of Placentia Chamber merchandise and souvenirs for sale to the general public with all proceeds going to the Chamber.

9. Facilitate and coordinate meetings with City officials and merchants on matters of business Chamber Cooperation Agreement Page 8 of 10

interest or concern: with a view to encourage creative and cooperative dialogue leading to potential solutions to business and economic development issues.

10. Assist in the development and distribution of mutually beneficial materials relating to the City and Chamber projects, and work with the City to disseminate this information.

11. Work with the Placentia Police Department to assist with business crime and safety welfare issues. Meet with the Chief of Police as needed to discuss retail areas that may be experiencing crime issues.

12. Submit an annual report, which shall be due to the City by November of each year, which includes an accurate and complete record of the number and nature of public inquiries and progress on other goals and business support services required in this Agreement and conducted the preceding year. Present the annual report to the City Council on an agreed upon meeting date. In addition, the Chamber shall occasionally brief the City Council on other areas of mutual interest. In addition, a Chamber representative shall be made available to attend any City Council meeting at the request of City staff on areas pertaining to business. City representative shall be made available to attend monthly Chamber board of director meetings.

13. A list of new business licenses will be provided to the Chamber on a monthly basis. A. complete list of business licenses will be provided annually year, by the end of November.

The Chamber will make available to provide these new businesses with a "Welcome Package" containing information from both City and the Chamber. The "Welcome Package" shall be made in consultation with the City and updated on an as needed basis.

14. Chamber shall work productively with the City to examine potential partnerships that would improve the vibrancy and economic development potential of the Old Town and all other unique Placentia destination areas as defined by both Parties.

15. At a time convenient to both the City and the Chamber, a representative from each will conduct visitations to certain businesses within the City of Placentia. The businesses will be selected from the top -tier sales tax generators and other influential or unique businesses within the community with a goal of visiting a business every quarter. The object of these visitations will be to promote Placentia as a strong business community as well as an excellent place to do business and to enhance goodwill between the City, the Chamber and business owners.

16. The Chamber also agrees to provide assistance in the implementation of the continuing Economic Development Strategic Plan as a means to attract and retain business.

City/Public/Chamber Benefits

1. In consideration for this Agreement, during the term of this Agreement (and the Extension Term, if any):

Chamber Cooperation Agreement Page 9 of 10

a) Chamber shall provide two (2) tables (free of charge) to the annual "State of the City" event;
b) Chamber shall provide one (1) table/booth at the "Taste of Placentia" for City to promote resources and community programs;
c) The City shall have the right to list events and programs in Chamber's electronic newsletters at no cost when space permits;
d) Chamber's website will include a link to the City website, on the menu bar programs as well as including community events on the website's monthly calendar;
e) The logo of the City of Placentia will be prominently displayed on the Chamber's website homepage (free of charge);
f) The logo of the City of Placentia shall be prominently displayed in the Chamber's weekly electronic newsletters;
g) Chamber to provide City with membership.

Chamber Cooperation Agreement Page 10 of 10

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia Cit Council

GENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE NOVEMBER 7, 2023

APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF
CONSTRUCTION CONTRACT TO SDC ENGINEERING INC., FOR THE

LA PLACITA PARKETTE IMPROVEMENT PROJECT, CITY PROJECT
NO. 7911
FISCAL
IMPACT: EXPENSE: S 726,040.89 TOTAL PROJECT COST
$ 292,617.30 CONSTRUCTION CONTRACT AMOUNT
$ 29,261.73 CONSTRUCTION CONTINGENCY AMOUNT
$ 99,790.00 DESIGN SERVICES CONTRACT AMOUNT
$ 304,371.86 GREAT WESTERN PLAYGROUND EQUIPMENT
AVAILABLE BUDGET: S 726,050.00 TOTAL PROJECT BUDGET
$ 640,000.00 PROP 68 GRANT FUND (507911-6760 J/L 507911-6760) $ 56,050.00 CITY QUIMBY IN -LIEU FEE FUND
(697911-6760 J/L 697911-6760)
$ 30,000.00 GENERAL FUND (107911-6740 J/L 107911-6760)
SUMMARY:

The Statewide Park and Community Revitalization Program (SPP) is a competitive grant program that provides funds to create new parks, expand existing parks, and/or renovate existing parks in critically underserved communities across California. Funding for the grant program is provided through the California Proposition 68 Parks and Water Bond of 2018.

The City was notified in February 2020 that the renovation project for La Placita Parkette (La Placita) was chosen by the California State Parks, Office of Grants and Local Services (OGALS) to receive a grant award of $640,000. The La Placita renovation project will include, removal and replacement of the existing playground and rubberized surfacing, addition of water efficient irrigation, landscaping, decorative fencing, new park lighting, removal and replacement of damaged concrete sidewalk panels and provide Americans with Disabilities Act (ADA) accessibility improvements to ensure the park is fully accessible.

The City Council awarded a Professional Services Agreement to RHA Landscape Architects Planners, Inc. (RHA) for design services for the La Placita renovation project on November 17, 2020. In following the Placentia Parks Initiative (the "Initiative"), a comprehensive plan aimed at improving aging park and facility infrastructure over the next two (2) fiscal years, RHA was tasked with providing the City with a creative design concept plan for the renovations of La Placita. As

1.m.

Nov. 07, 2023

City Council Agenda
November 7, 2023

part of the design plan, RHA included a proposal for the purchase and installation of the playground from Great Western Installations Inc., in the amount of $304,371.86. The City Council approved the design concept plan and playground design for La Placita at the April 19, 2022, meeting. The remaining component to this project is the construction of the park improvements.

The City solicited competitive bids on September 21, 2023, for improving La Placita Parkette. On October 12, 2023, Staff received a total of fourteen (14) bids for this project. The low bid received from SDC Engineering Inc. was found to be the lowest responsive and responsible bid received.

Staff recommends that City Council award a construction contract to SDC Engineering Inc. in the amount of $292,617.30. In addition to the construction cost, a ten percent (10%) construction contingency amount of $29,261.73 is being included to cover the cost of any unforeseen conditions that might be found during construction. The total construction contract cost including contingency amount is $321,879.03.

RECOMMENDATION:

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

1. Approve the Engineered Plans and Specifications prepared by RHA Landscape Architects Planners, Inc. for the La Placita Parkette Improvements Project No. 7911; and

2. Reject bid proposal for La Placita Parkette Improvements submitted by Premo Construction Inc. as non -responsive; and

3. Approve a Public Works Agreement with SDC Engineering Inc. for the La Placita Parkette Improvements Project in the amount of $292,617.30; and

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

5. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $29,261.73, for a total construction contract not -to - exceed amount of $321,879.03; and

6. Adopt Resolution No. R-2023-85, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and

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

City Council Agenda
November 7, 2023

STRATEGIC PLAN STATEMENT:

This item conforms to Strategic Plan Goal 5 and Objective 5.2, Complete the Placentia Parks Initiative Plan.

DISCUSSION:

The City was notified in February 2020, that the renovation project for La Placita Parkette (La Placita) was chosen by OGALS to receive a grant award of $640,000. The La Placita renovation project will include, removal and replacement of the existing playground and rubberized surfacing, addition of water efficient irrigation, landscaping, decorative fencing, new park lighting, removal and replacement of damaged concrete sidewalk panels and provide Americans with Disabilities Act (ADA) accessibility improvements to ensure the park is fully accessible. After receiving notification of the grant award, the City budgeted funds for the renovation of La Placita in the Fiscal Year 2020-21 Capital Improvement Program (CIP). Additional funds are also included in the CIP budget for the project for the replacement of the existing park amenities.

The City Council awarded a Professional Services Agreement to RHA for design services for the La Placita renovation project on November 17, 2020. The design concept plan provided by RHA aligns with the City Council approved Placentia Parks Initiative (PPI) to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different.

The design incorporates a citrus theme paying tribute to the rich history of the orange groves in the community. The playground will feature a spinner, new slides, citrus tree climbers, shade sails, a playhouse, wagon climber, and inclusive play elements.

The PARC Commission reviewed the design concept plans for the renovation of La Placita and the playground equipment at the February 8, 2022, meeting. The PARC Commission recommended approval of the proposed design concept plans provided by RHA for the La Placita renovation project. As part of the design concept plan, RHA included a proposal from Great Western Installations Inc. for the purchase and installation of the playground equipment at La Placita. The park design concept and playground equipment design were approved by the City Council at the April 19, 2022, meeting. The total cost for the purchase and installation of the La Placita playground equipment is $304,371.86.

On October 12, 2023, the City received a total of fourteen (14) bids from contractors to construct this project. The following table provides the total bid amounts received from each contractor:

Contractor
Bid Amount
SDC Engineering Inc
$292,617.30
H L Hitchcock Construction Inc
$316,910.00
Seed Landcare
$337,974.30
RG General Engineering, Inc
$344,028.00

City Council Agenda
November 7, 2023

Towo Enterprise Inc
$359,218.50
HZS Engineering Inc
$377,831.00
Diamond Construction and Design
$396,802.50
SPAREA
$423,000.00
Aneen Construction, Inc
$423,396.40
KASA Construction Inc
$492,452.50
h2m Construction Inc
$528,214.00
Mariposa Landscapes, Inc
$545,656.16
MBC Enterprises Inc
$894,234.33
Premo Construction Inc

NON -RESPONSIVE
After reviewing the bid proposals, it was determined that Premo Construction Inc. did not meet the bid solicitation requirements and submitted a non -responsive bid by not submitting the required Addenda Acknowledgement Forms (Acknowledgement of Receipt of Addendum #1 and Acknowledgement of Receipt of Addendum #2). The Bidders Information Sheet was also incomplete with no signature or notary. The lack of acknowledgement of the bid addendums and missing required information is considered a significant default in the low -bidder's bid documents.

The City Council has the right to waive any bid irregularities and to reject all bids submitted pursuant to the California Public Contract Code. Staff recommends rejecting the low bid submitted by Premo Construction Inc. as a non -responsive bid.

Once it was determined that the apparent low bidder submitted a non -responsive bid, Staff reviewed the next lowest bid submitted by SDC Engineering Inc. Staff reviewed and analyzed their bid proposal and it was found to be responsive and valid. Based upon SDC Engineering Inc.'s reference check and submitted bid, Staff recommends awarding a construction contract to SDC Engineering Inc. for the La Placita Parkette Improvement Project. Additional park amenities will also be ordered and installed by staff upon completion per the concept design utilizing CIP project funds earmarked for the replacement of various amenities, consistent with the Initiative.

FISCAL IMPACT:

The total project cost for the La Placita Parkette Improvement Project amounts to $726,040.89.

This cost consists of the bid amount submitted by SDC Engineering Inc. in the amount of $292,617.30, a construction contingency in the amount of $29,261.73, the design services provided by RHA in the amount of $99,790.00, and the purchase and installation of the playground equipment by Great Western Installations, Inc in the amount of $304,371.86. To provide sufficient funding for the construction phase of the project, Staff is also recommending Resolution R-2023- 85 (Attachment 2) to appropriate $86,050 from the utilizing available CIP project funds to support

City Council Agenda
November 7, 2023

the cost of the proposed project. If this recommended action is approved, funding for this project will be supported by the sources of funds as outlined below:

Funding Source
Amount
Prop 68 Grant Funds
$640,000
City Quimby In -Lieu Fee Funds
$56,050
General Fund
$30,000
Total Project Budget
$726,050
Prepared by:

Raquel tarcia, EIT
Associate Civil Engineer
Reviewed and approved:
cPirY Jennifer Lampman
Director of Finance
Reviewed and approved:

Damien R. Arrula
City Administrator
Reviewed and approved:

Chris Tanio, P.E.

Deputy Director of Public Works/City Engineer
Reviewed and proved:

Luis Estevez
Deputy City Administrator
Attachments:

1. Agreement with SDC Engineering Inc.

2. Budget Amendment Resolution No. 2023-85

Project No. 7911

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
THIS AGREEMENT (herein "Agreement"), is made and entered into this 7111 day of November, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and SDC ENGINEERING INC (herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of park improvements that comply with all accessibility requirements as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean SDC Engineering Inc a California corporation located at 24881 Alicia Parkway, Suite E #340, Laguna Hills, CA 92653.
(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.
1 Project No. 7911
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, all applicable accessibility requirements and the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."

2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, including the requirement that the facilities being constructed must comply with all applicable accessibility requirements, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor 2 Project No. 7911
has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, 3 Project No. 7911
neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

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

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

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

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Two Hundred Ninety Two Thousand Six Hundred Seventeen Dollars and Thirty Cents ($292,617.30) (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 4 Project No. 7911
pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than November 8, 2024, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

SDC ENGINEERING INC
ATTN: DANNY CANCINO, PRINCIPAL
24881 Alicia Parkway, Suite E #340
Laguna Hills, CA 92653
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 Project No. 7911

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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

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

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

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Project No. 7911

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class II I 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 from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, 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. 7 Project No. 7911
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.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

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

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts 8 Project No. 7911
or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Labor and Materials and Performance Bonds.Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature 9 Project No. 7911
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.

6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

7.0 RECORDS AND REPORTS

7.1 Reoorts. 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 10 Project No. 7911
no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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

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

8.0 GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default 11 Project No. 7911
within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.

Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95°/0) 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 Lecal 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 Licuidated 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 12 Project No. 7911
Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City:

To Contractor:

City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Chris Tanio, City Engineer
SDC Engineering Inc.

Attn: Danny Cancino, Principal
24881 Alicia Parkway, Suite E #340
Laguna Hills, CA 92653

8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 13 Project No. 7911

8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

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

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to 14 Project No. 7911
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

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

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

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

8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.

2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
15 Project No. 7911

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.

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

8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

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

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

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

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

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

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and 16 Project No. 7911
conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.

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

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:

Damien R. Arrula, City Administrator
ATTEST:

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

CONTRACTOR
Date:

Signature
Danny Cancino, Principal
Social Security or Taxpayer ID Number
17 Project No. 7911
Date:

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

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Chris Tanio, Deputy Director of Public Works

DEPARTMENTAL APPROVAL
Date:

Luis Estevez, Deputy City Administrator
18 Project No. 7911

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

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

WHEREAS, , as Principal,
has entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: La Placita Parkette Improvements and all appurtenant work in accordance with PROJECT NO. 7911, which requires Principal to file this bond to secure claims made in relation to the project.

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

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

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
19 Project No. 7911

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

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

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 2023.
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
20 Project No. 7911

(Use of City form is required)

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

Business Address:

Telephone Number:

Date:

Print Name:

Principal
Signature:

Title
21 Project No. 7911

(Use of City form
is required)

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

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

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

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

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
22 Project No. 7911

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to SDC ENGINEERING INC., a California corporation (hereinafter "Principal"), an Agreement, dated November 7, 2023 ("Agreement") whereby Principal agreed to provide construction services including
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction 23 Project No. 7911
Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By
(Seal)

PRINCIPAL
By

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

CITY ATTORNEY

INSTRUCTIONS
Corporations.

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.

The bond must be notarized by both the Principal and the Surety.

3. The City Attorney of the City of Placentia must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Placentia. 24 Project No. 7911

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

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

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

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)
25 Project No. 7911

EXHIBIT A

SCOPE OF SERVICES
The project includes providing all labor, materials, equipment, tools and incidentals as required to install park improvements, including ADA accessibility, as required by the Plans, Specifications and Contract Documents. The scope of work includes removal of existing sidewalk and other existing conditions throughout the park to allow construction of park improvements including, but not limited to, curb ramp, truncated domes, pedestrian paths, installation of playground equipment and site furnishings, landscaping and irrigation, and all items not mentioned but included in the plans and specifications. All work must be performed in accordance with the approved plans and specifications for this project.
26 SECTION C

PROPOSAL
for the

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
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 forty (40) working days, starting from the date of the Notice to Proceed or liquidated damages of $500 per workday 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 AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.

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

C-1

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

Accompanying this proposal of bid, find .pi -►6 Vprd in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).

Bidder shall signify receipt of all Addenda here, if any:

Addenda
No.

Date Received
Bidder's Signature
Addendum #1
AddozduTh
10/02/23
C-2

BID SCHEDULE FOR

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911

BID ITEMS
ITEM
NO.

ITEMS DESCRIPTION

QUANTITY
UNIT

UNIT PRICE
TOTAL

1. Mobilization
1 LS
$7,697.71
$ 7,697.71

2. Traffic Control
1 LS
$1,500.00
$1,500.00

3. Water Pollution Control
1 LS
$ 1,760.00
$ 1,760.00

4. Site Demolition
1 LS
$ 9,009.00
$ 9,009.00

5. Grading
1 LS
$ 24,524.56
$ 24,524.56

6. Drainage (Includes 36"x36" Jensen Precast
PCC Catch Basin)
1 LS
$ 3,300.00
$ 3,300.00

7. 4" Pervious Concrete Paving
232
SF
$ 29.16
$ 6,765.12

8. 4" Concrete Paving
800
SF
$ 19.30
$15,440.00

9. 6" Curb & Gutter (Includes 1' AC Slot Patch)
15 LF
$ 430.96
$ 6,460.40

10. PCC Curb Ramp wfTruncated Domes
1 EA
$ 8,140.54
$ 8,140.54

11. Decomposed Granite
3,333
SF
$ 5.24
$17,464.92

12. Aluminum Edging
753
LF
$12.06
$9,081.18

13. Concrete Playground Edge Curb
247
LF
$ 59.88
$ 14,790.36
44 Install City Furnished Playground
Equipment and Surfacing DELETED
0 IrS
$
$
C-3

ITEM
NO,

ITEMS DESCRIPTION

QUANTITY
UNIT

UNIT PRICE
TOTAL
4-5-
Install City Furnished Bench DELETED
0 EA
$
$
0 EA
$
$
is Table

DELETED
0 EA
$
$
Table DELETED
4�
(Includes Copper Water Line
0 LS
$
$
and -Surma

DELETED
4 0
EA
$
$

DELETED
0 EA
$
$

DELETED

21. Tubular Steel Fence
149
LF
$155.00
$ 23,095.00

22. Solar LED Lights
6 EA
$ 5,500.00
$ 33,000.00

23. Irrigation System
1 LS
$ 55,000.00
$ 55,000.00

24. Planting
1 LS
$ 45,000.00
$ 45,000.00
TOTAL BID PRICE WRITTEN IN FIGURES: $ 292,617.30
TOTAL BID PRICE WRITTEN IN WORDS: Two Hundred Ninety Two Thousand, Six_Huncred Seventeen anc Thirty Cents
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents. ***BID ITEMS TO BE INPUTTED ON-LINE VIA PLANETBIDS***
C-4

ITEM
NO. ITEMS DESCRIPTION
4-5- Install-C414,4-gomishe4-Eensh DELETED
46, Ineta4l-City-Forniskicl-GeAsret

DELETED
1&
2 Table DELETED

DELETED

DELETED

21. Tubular Steel Fence

22. Solar LED Lights

23. Irrigation System

24. Planting

QUANTITY
UNIT

UNIT PRICE
TOTAL
A
EA
$
$
A
EA
$
$
0 EA $
$
A
LE $
$
A
EA $
$
A
EA $
$
149
LF $155.00
$ 23,095.00
6 EA $ 5,500.00
$ 33,000.00
1 LS $ 55,000.00
$ 55,000.00
1 LS $ 45,000.00
$ 45,000.00
TOTAL BID PRICE WRITTEN IN FIGURES: $ 292,617.30
TOTAL BID PRICE WRITTEN IN WORDS: Two Hundred Ninety Two Thousand. Six Hundred Seventeen and Thirty Cents
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents. ***BID ITEMS TO BE INPUTTED ON-LINE VIA PLANETBIDS***
C-4

Class

LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the n business address of each subcontractor who will perform work or render service to t - said contract in an amount in excess of one-half of one percent of the total whichever is greater, and the portion of the work to be done by such subcontr tor. e and
idder on
or $10,000,
Portion Name and Address of Subcontractor S e License
of Work Number
o
By submission of this proposal, the Bidder certifies:

1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing.

2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project.

C-5

NONCOLLUSION AFFIDAVIT

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

County of Orange
T>A",1 NI -f CA , being first duly sworn, deposes and says that (igor she is q�'ri.Fs • Q s of SnG 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. - g- Ca ci
Name of Bidder
A public o of er other completing
pI ti tglthis
fate veribe only hedocument to t the this
indivt who signed the t
Cart cafe is attached,,an n�t e truthfulness,
accurac , orvaiii it of that document.

Signature of Bidder
Address of Bidder h -L-((3
Subscribed and sworn to before me this 19 day of

NOTARY PUBLIC
2023.

NOTARY SEAL

CALI YANG
Notary Public - California
Orange County
Commssion # 2391206
My Comm. Expires Feb. 16, 2026
C-6

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 LA PLACITA PARKETTE IMPROVEMENTS, (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.

SDC Engineering Inc
Contractor
Danny Cancino
By
Principal
Title
Date: 10/3/2023
C-7

DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
❑ Yes [SI No
If the answer is yes, explain the circumstances in the space provided.

Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

C-8

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

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

SDC Engineering Inc.

Contractor
Danny Cancino
By
Principal
Title
Date: 10/03/2023
C-9

UNDERGROUND SERVICE ALERT

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

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

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

Dig Alert Identification Number.

Contractor
By
Title
Date:

Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request.

C-10

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

SDC Engineering Inc.

Bidder Name
24881 Alicia Pkwy Ste E #340
Business Address
Laguna Hills
CA 92653
City,
( 949 ) 280 - 2863
Telephone Number
Danny Cancino
State Zip
Contractor Name
1000060111
Contractor's DIR Public Works Registration Number
986959
State Contractor's License No. and Class
9/I%/2623
Original Date Issued
9/30/2025
Expiration Date
The work site was inspected by 5bri.a CAI\Ltnt of our office on ,,Cfbl i , 203 The following are persons, firms, and corporations having a principal interest in this proposal:
ainago
C-11

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

Signature of Bidder
Printed or yped Signature
Subscribed and swom to before me thls day of V44

NOTARY PUBLIC
Og/(86(A7

CALI YANG I
County
Comn.,un 7301200
.ti Corm Expees Feb 192020

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

City of La Canada - 1 Civic Center Dr, La Canada Fiintridge CA 91011 Name and Address of Public Agency

1. Name and Telephone No. of Project Manager:
$64,617.30
Contract Amount
Macy Eskandari (818) 822 - 2737
Concrete and Step Repair
8/25/2022
Type of Work Date Completed

2. City of La Verne - 3660 D St. La Verne CA, 91750
Name and Address of Public Agency

3. Cody Howing - (909) 596 - 8726
Name and Telephone No. of Project Manager:

Rebuilding a park and stage area 6/10/2023
$419,352.00 Type Amount T e of Work Date Completed
Long Beach Unified School District - 1515 Hughes Way, Long Beach CA 90810 Name and Address of Public Agency
Name and Telephone No. of Project Manager:
$57,430.96
Contract Amount
Mike Blincoe - (562) 773 - 5143
3/07/2023
Retaining Wall and Sidewalk
Type of Work Date Completed
C-12

RESPONSIBLE BIDDER - SUPPLEMENTAL QUESTIONNAIRE

1. How many years has your organization been in business in California as a contractor under your present business name and license number?
12 Years

2. What is your firm's Average Gross Revenue for the last three years? $ - OOm

3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ® No
If " yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number
Bankruptcy Court Date Filed

4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 2, above.) ❑ Yes ® No
If " yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.

Case Number Bankruptcy Court

5. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑Yes Ca No

6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner?
❑Yes ®No

7. Has your firm ever defaulted on a construction contract? ❑ Yes121 No
Date Filed
If "yes," explain on a separate page.

8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
C-13

❑ Yes m No
If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action.

9. In the last five years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ® No
If "yes," on a separate page identify the year of the event, the entity denied the award, the owner, the project, and the basis for the finding by the public agency.

10. In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ® No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).

11. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ® No
If "yes," on a separate page identify the claim be providing the name of claimant, the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution.

12. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private?
❑ Yes ® No

13. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?
❑ Yes ® No

14. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity?
❑ Yes ® No
C-14

15. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes® No
If "yes," explain on a separate page, including identifying who was convicted, the name of the victim, the date of the conviction, the court and case number, the crimes, and the grounds for the conviction.

16. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes In No
If "yes," identify on a separate page, the person or persons convicted, the court and case number, the crimes, and the year convicted.

17. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. i� %

18. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm has no surety bond in place during a public construction project when on was required?
❑ Yes ® No

19. Has CAL OSHA cited and assessed penalties against the General Contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years?
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.)
❑ Yes ® No
If "yes," on separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any OSHAB decision.

20. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the General Contractor or its associates in the past five years? (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) ❑ Yes 12 No
C-15

If "yes," on separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision.

21. Has there been more than one occasion during the last five years in which the General Contractor or its associates was required to pay either back wages or penalties for failure to comply with the state's prevailing wage laws?
0 Yes ® No
If "yes," on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed.

22. During the last five years, has there been more than one occasion in which the General Contractor or its associates have been penalized or required to pay back wages for failure to comply with the Federal Davis -Bacon prevailing wage requirements? 0 Yes ® No
If "yes," on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed.

C-16

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 3rd day of October
Laguna Hills, CA
Authorized Signature
Principal
Position
SDC Engineering Inc.

Company
, 202_3_at
C-17

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

ACKNOWLEDGED this 3rd day of October , 2023, at Laguna Hills, CA •
Authorized Signature
Principal
Position
SDC Engineering Inc.

Company
C-18

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911

BIDDER'S BOND
(To Accompany Contract Proposal)

KNOW ALL MEN BY THESE PRESENTS,
That SDC Engineering Inc.
as PRINCIPAL, and
The Ohio Casualty Insurance Comoanv , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of said SURETY here under exceed the sum of $ Ten Percent (10%) of the Total Amount Bid

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above -mentioned bid to the City of Placentia for certain construction for which bids are to be opened through the electronic bid management system PlanetBids on October 12, 2023, for:

LA PLACITA PARKETTE IMPROVEMENTS, CITY PROJECT NO. 7911 NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

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

C-19

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 10th day of October 20 23
BY:

BY:

SDC Engineering Inc.

PRINCIPAL
Title
Title
(SEAL)
The Ohio Casualty Insurance Company
SURETY
790 The City Dr, South, Suite 200
Address
Orange, CA 92868
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, `Insurance Policies and Bonds', in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form, C-20

BID BOND

ACKNOWLEDGMENT OF SURETY

STATE OF
County of
On this day of
(Notary Public, Judge or Other Officer)
in and for
known to me to be the
that executed the foregoing i
corporation as above design
ty, State of
SS
2 , A.D.
appeared before me a
corporation; that the si nnat4i ey o said instrument were made by o...__. _ indicated after said si rfaturg; and that the said corporation executed the said instrument freely and voluntarily an or the uses and purposes therein mentioned. of the corporation
e t and, upon oath, did depose that he is the officer of said h. he is acquainted with the seal of said o te seal of said f said acorporation as
(Notary Public, Judge or Other Officer)
C-21

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 Los Angeles
On /0 —1,-2 ,2j
Date
personally appeared
before me,
Lisa Marie Saumur, Notary Public
Here Insert Name and Title of the Officer
Jan Rivera
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. o
z

LISA MARIE SAUMUR
COMM. #2327312 z
Notary Public - California o WITNESS my hand - • e official s Orange County
Comm. Expires Ma 3, 2024
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.

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

Description of Attached Document
Title or Type of Document:

Document Date:

Signers) Other Than Named Above:

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

Signer Is Representing:

Number of Pages:

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

Signer Is Representing:

C41.4.Lt,t.[.C.14�w(.L01t..tt4Y:CW�.L4L'S.Ow�.t.44u'c.c.� 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

Liberty
Mutual.

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company incept In the manner and to the extant herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massechuselh, and West American Insurance Is a y organized
under the laws of the State of Indiana (herein collectively called the' Companies'). pursuant to end by authority herein set fob, does hereby name, Company and ndappaoint iation ln R s era.

Lisa Saumur. Lourdes Landa, Mork W. Rosskopr
Certificate No 8208087.969520
es of the city of Irvine state of CA
each execute. seal acknowledge and deliver, for and m its behalf as surety and as its ad and deed, anyy and all lundertakin be if there more than rare named, iand ue and surety batgation , inch to make,
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attest the a�i other Comp ni sain the in sun pro pursuance persons. by secretary of the Companies in their won proper ItheretoINWITNthESS WHEREO25th FF, Dyeis Paver of Attorney a been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed State of PENNSYLVANIA
Comity of MONTGOMERY ss
On the 25th day of May , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company. The Ohio Casually Company. and West American Insurance Company, and that he, as such, being authorized so to do, exeorte the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania, on the day and year first above written.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By: i•
Cann waaMi of FMMYMMia • Nobly Seel
Teresa Pastels, Notary PAIN
Moniaomery County
MV mmrvauon aaprea Mat 28.2025
Commission number 112604.1
aaemba, Nonsyr+e,wa Asa mmm a NMn..

David M. Carey. Assistant Secretary
By: ,P.C
Teresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force end effect reading as follows:

ARTICLE 0/ -OFFICERS: Section 12. Power of Attorney.

My officer or otter official of the Corporation authorized for that purpose in witting by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact as may be necessary to ad in tenet( of the Corporation to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, reoogn zances and otter surety obligations. Such attorneys -in -fad. subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power Or authority granted to any representative or attomey-in-fad under the provisions of this article may be revoked et any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority, ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized is that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. snarl appoint such attorneys -in -fad, u may be necessary to ad in beheif of the Company to make, execute, seal. acknowledge and deliver as surety any and all undertakings, bands, remgnaances end other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shat have full power to bind the Company by their signature and execution DI any such instruments and to attach thereto the seal of the Company. When so executed such instmments shall be as binding as if sgned by the president end attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - tad as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations
Authorization - By unanimous consent of the Companes Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appeanng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shat be valid and binding upon the Company with the same face and effect as trough manually affixed.

Ihereby certify , Renee C. Llewellyn, the undersigned, Assistant SecretaryThe Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do has not been revoked
that the
original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, Is in full force and effect and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I Oth day of October , 2023 .

By:

LMS.12873 LMIC OCIC VWUC Mull, Co 02121
Renee C. Llewellyn, Assistant Secretary

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.`.cC.i tcc,cc.cfcti:occa`,cC.cCA—rA -,,;P.c(A,-k.cc,L-cct>L^Cv ,,cc CIVIL CODE § 1189
A notary public or other officer completing thls 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 Californi
County of
On
o
ate
personally appeared
before me, Cali Yang, Notary Public
Here Insert Name and Title of the Officer
DAA101 CAAIMI10
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
subscribed to the within instrument -and acknow
Oth ' authorized capacityyes , and that by
the entity upon behalf of which the person

CALI YANG
Notary Pubic - Caldomia
Orange County
Commission # 2391208
My Comm Expires Feb. 16, 2026
Place Notary Seal Above
evidence to be t whose namp(sl a'
aged to1ne tha t ey executed the s e in
herrtheir signatur n the instrument the persQP(e}!
ed, executed the instrument.

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

WITNESS my hand and official seal.

Signature

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

Description of Attached Doc rient
Title or Type of Docum nt: t2I Document ate:

I�
Number of Pages: 4 Signer(s) Other Than Named Above: n �� Signature ary Public
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):

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

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

CITY OF PLACENTIA

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
DATE: October 2, 2023
SUBJECT: Addendum # 1
This letter comprises Addendum No. 1 for the above project, request for construction bid, issued by the City of Placentia on September 21, 2023. Please take note of the following clarifications/changes listed below which will have to be used in the preparation of your bid for this project. The following are hereby issued and made a part of the bid documents.

CLARIFICATIONS:

1. All City Furnished, Contractor Installed Equipment and Amenities have been removed from the scope of work for the Contractor.

REVISIONS, ADDITIONS AND/OR DELETIONS:

A. The 'Specifications for LA PLACITA PARKETTE IMPROVEMENTS, CITY PROJECT NO. 7911' shall be referred to herein as the 'Specifications', and the

PLACITA
ETTE
IConstruction Plans as part of Appendix I MPROVEMENTS, CITY PROJECT NO. 7911' shall be referred oAherein s

IMPROVE
the 'Construction Plans'.

1. To Specifications,
14 thru 20. Proposal, Bid e Page
This work will not beperformed
dItems by Contractor, but
rather by others.

2. To Specifications, Section E, Special Provisions, Part 1 General Provisions, Section 7 Measurement and Payment, 7-6 Bid Items for La Placita Parkette Improvements, Pages E-27 and E-28, Item No. 14 thru Item No. 20: Strikethrough text. These items have been removed from the scope of work and will be furnished and installed by others.

3. To Construction Plans, Sheet 3 of 12, CP-1, Construction Notes 8 thru 15: Replace wording for each note where it says "City to Furnish -Contractor to Install",

CITY OF PLACENTIA
with "City to Furnish -Manufacturer to Install". These notes no longer apply to the Contractor.

4. To Construction Plans, Sheet 12 of 12, C1.01, Construction Note 5: Delete note.

Manufacturer to Install, not Contractor.

QUESTIONS:

1. Question: Please confirm whether this project is subject to a PLA (Project Labor Agreement), a PSA (Project Stabilization Agreement), a CBA (Collective Bargaining Agreement, a CWA (Community Workforce Agreement), or anything of that nature? Answer: No.

2. Question: Is this project subject to State Prevailing Wage Rates OR Federal Davis -Bacon Wage Rates (or both)? Answer: Per the Specifications, this project is subject to State Prevailing Wage Rates.

3. Question: Please confirm if a Mandatory Pre -Bid Meeting will be held? If so, what date, time and location? Answer: There is NO Mandatory Pre -Bid Meeting.

4. Question: Is an original hard copy of the Bidder's Bond required to be submitted to the agency's office by/before the bid due date and time? Answer: A hard copy is not required to be submitted to the City's office by/before the bid due date and time, but along with uploading the bid bond, the original wet signature version needs to be received at City Hall by the apparent low bidder before 5:OOpm Monday, October 16, 2023.

5. Question: SpectraTurf would like to submit our SpectraPour poured -in -place rubberized safety surfacing to be an approved equal product. Please see attached submittal for reference. Answer: The playground equipment, surfacing and all amenities have already been purchased and will be installed by the manufacturer. This scope of work has been removed from the project.

6. Question: Please provide the critical fall height for the Orange Tree Climber & Lemon Tree Climber. Answer: The playground equipment, surfacing and all amenities have already been purchased and will be installed by the manufacturer. This scope of work has been removed from the project.

7. Question: Please clarify the binder type to be used within the top colored wear course layer of the rubberized safety surfacing? Aromatic or Aliphatic? Answer:

The playground equipment, surfacing and all amenities have already been purchased and will be installed by the manufacturer. This scope of work has been removed from the project.

CITY OF PLACENTIA

8. Question: Please can you confirm the bid bind hard copy no need to drop off to the city? Answer: Assuming the intent of the question was in regards to the bid bond, please see answer to Question #4 above.

An acknowledgment of receipt of this Addendum No. 1 shall be entered on Page C-2 of the Bid Proposal Section C. Also, please sign the following page as the "Addendum Acknowledgment" and include with your bid prior to submission.

Failure to provide such acknowledgments shall render the bid as non -responsive and subject to rejection. All other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

Sincerely,
J
Raquel Garcia, EIT
Associate Civil Engineer

CITY OF PLACENTIA

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
DATE: October 2, 2023
SUBJECT: Addendum # 1
ADDENDUM ACKNOWLEDGMENT:

SDC Engineering Inc.

Firm Name:

Authorized Signature:
10/11/2023
Date:

Acknowledgment of Receipt of Addendum # 1 is required by signing and submitting with bid proposal.

CITY OF PLACENTIA

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
DATE: October 9, 2023
SUBJECT: Addendum # 2
This letter comprises Addendum No. 2 for the above project, request for construction bid, issued by the City of Placentia on September 21, 2023. Please take note of the following clarifications/changes listed below which will have to be used in the preparation of your bid for this project. The following are hereby issued and made a part of the bid documents.

CLARIFICATIONS:

1. As per Addendum No. 1, Bid Items 14 thru 20 now have a "ZERO" Quantity and have been removed from the Bid Schedule. Attached is an updated Bid Schedule Form as requested.

QUESTIONS:

1. Question: Please can you update bid items per addendum 01? Answer: In PlanetBids, Bid Items 14 thru 20 have no quantity and are shown as "Deleted". An updated Bid Schedule is also attached to replace sheets C-3 and C-4.

2. Question: Is this project subject to Buy America provisions? Answer: It is not required.

3. Question: Refer to Detail C on Sheet CD -1. The detail shows concrete paving adjacent to the playground curb, yet the Construction Plan calls for a DG path.

Please confirm if DG or concrete for Detail C. Answer: Detail F on Sheet CD -1 is the playground curb adjacent to concrete. Detail C on Sheet CD -1 is the concrete mow curb separating turf from planter areas as well as used when separating DG path from planter areas also noted in Detail D, Decomposed Granite Path.

4. Question: Does the proposal need to be signed by pen with wet signatures or is a stamped signature acceptable. Answer: The proposal can be signed with a wet signature or a stamped signature.

CITY OF PLACENTIA

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
DATE: October 9, 2023
SUBJECT: Addendum # 2
This letter comprises Addendum No. 2 for the above project, request for construction bid, issued by the City of Placentia on September 21, 2023. Please take note of the following clarifications/changes listed below which will have to be used in the preparation of your bid for this project. The following are hereby issued and made a part of the bid documents.

CLARIFICATIONS:

1. As per Addendum No. 1, Bid Items 14 thru 20 now have a "ZERO" Quantity and have been removed from the Bid Schedule. Attached is an updated Bid Schedule Form as requested.

QUESTIONS:

1. Question: Please can you update bid items per addendum 01? Answer: In PlanetBids, Bid Items 14 thru 20 have no quantity and are shown as "Deleted". An updated Bid Schedule is also attached to replace sheets C-3 and C-4.

2. Question: Is this project subject to Buy America provisions? Answer: It is not required.

3. Question: Refer to Detail C on Sheet CD -1. The detail shows concrete paving adjacent to the playground curb, yet the Construction Plan calls for a DG path.

Please confirm if DG or concrete for Detail C. Answer: Detail F on Sheet CD -1 is the playground curb adjacent to concrete. Detail C on Sheet CD -1 is the concrete mow curb separating turf from planter areas as well as used when separating DG path from planter areas also noted in Detail D, Decomposed Granite Path.

4. Question: Does the proposal need to be signed by pen with wet signatures or is a stamped signature acceptable. Answer: The proposal can be signed with a wet signature or a stamped signature.

Raquel Garcia, EIT
Associate Civil Engineer

CITY OF PLACENTIA

5. part ofo Si any v the
Answexisting
er: Demolition Noteneed
X4to one removed as
Sheet DP 1
part of the Site Demolition?
answers this question.
1 the
ng Plan calls for

6. Question: Construction ,ote #7 on Sheet but bid schedule Line #9 shows' constructing 6" Curb Only, 6" Curb & Gutter.

Please clarify. Answer: Construction Note #7 on Sheet C1.01 of the Grading Plan should be corrected to say "Construct 6" Curb & Gutter" as shown on the bid schedule Line Item #9. Keep in mind this work includes the concrete spandrel (approx. 60 SF) and an AC slot patch. Make sure to include this work and material as part of your unit cost for this item. Measurement of payment will stay as LF as shown.

7. Question: Line Rem #9 on the bid schedule says construct 6" Curb & Gutter (Includes 1' AC Slot Patch). Will the concrete Cross Gutter in front of the existing curb ramp also need to be removed and replaced? If so, how much to be removed? Answer: See answer to #6 above.

An acknowledgment of receipt of this Addendum No. 2 shall be entered on Page C-2 of the Bid Proposal Section C. Also, please sign the following page as the "Addendum Acknowledgment" and include with your bid prior to submission.

Failure to provide such acknowledgments shall render the bid as non -responsive and subject to rejection. AU other aspects of the plans and specifications not specifically mentioned in this addendum remain unchanged.

CITY OF PLACENTIA

LA PLACITA PARKETTE IMPROVEMENTS
CITY PROJECT NO. 7911
DATE: October 9, 2023
SUBJECT: Addendum # 2
ADDENDUM ACKNOWLEDGMENT:

Firm Name: SDC Engineering_Inc.

Authorized Signature:

Date: 10/11/2023
Acknowledgment of Receipt of Addendum # 2 is required by signing and submitting with bid proposal.

Project No. 7911

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within forty (40) working days from the issuance of the Notice to Proceed.
27 Project No. 7911

EXHIBIT C

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

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

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

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella 28 Project No. 7911
Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self - insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:

1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed 29 Project No. 7911
operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)

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

4. Properly completed Certificate of Insurance; and

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

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

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

2. Properly completed Certificate of Insurance.

D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self - insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion of the work. 30 Project No. 7911
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
• Required Evidence of Coverage:

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

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

3. Properly completed Certificate of Insurance.

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

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

G. Documentation
• The Certificate of Insurance shall include the following reference: LA PLACITA PARKETTE IMPROVEMENTS, CITY PROJECT NO. 7911
• 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. 31 Project No. 7911
• 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.
32 Project No. 7911

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

A RE) 61) CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
10/19/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

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

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

PRODUCER
COMPREHENSIVE COMMERCIAL INS. SERVICES, INC.
41593 WINCHESTER ROAD, SUITE 200
TEMECULA, CA 92590

NAME SARASARA SPAID
(P,vHCONIv , at): 951-699-2968
lac. No) 951-699-2965
ADDREss: OPERATIONSATHINKCCIS.COM

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: SCOTTSDALE INSURANCE COMPANY

INSURED S D C ENGINEERING INC
24881 ALICIA PKWY STE E-#340
LAGUNA HILLS, CA 92653
INSURER B: SIRIUS AMERICA INSURANCE COMPANY
INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES
CERTIFICATE NUMBER:
105768
REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
INSD
SUBR

POLICY NUMBER

POLICY EFF
(MOLIC/YEFF

POLICY EXP
( POLICY E YY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
X
RBS0192111
08/28/2023
08/28/2024

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR
PREMISES (Ea RENTED
$ 50,000
MED EXP (Any one person)
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000

GENERAL AGGREGATE
$ 2,000,000
GEN'L
X

AGGREGATE LIMIT APPLIES

POLICY JECT
OTHER:

PER:

LOC

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

AUTOMOBILE
-

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

SCHEDULED
AUTOS

NON -OWNED

COMBINED S NGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
$
A
x

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
XLS1225137 -
08/28/2023
08/28/2024

EACH OCCURRENCE
$ 2,000,000

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

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANYIPROPRIETO/ EXCLUDED? E ECUTIVE
ER
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
Y
N(A
WC8969901
02/06/2023
02/06/2024

X STATUTE OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
**DEDUCTIBLE: EXCESS UNDERLYING

NON-PAYMENT OF PREMIUM NOTIF

GENERAL
CATION
LIABILITY. EXCESS
IS 10 DAYS.

LIABILITY:

FOLLOW FORM
GENERAL LIABILITY.

DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 1O1, Additional Remarks Schedule, may be attached if more space is required) GENERAL LIABILITY: THE CITY OF PLACENTIA, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND VOLUNTEERS ARE ADDED AS AN ADDITIONAL INSURED ON ENDORSEMENT SDS-6 (1-19).

CERTIFICATE HOLDER

CANCELLATION

CITY OF PLACENTIA
401 E CHAPMAN AVENUE
PLACENTIA, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

Underwritten by Scottsdale Insurance Company

ENDORSEMENT
NO.

ATTACHED TO AND

FORMING A PART OF

POLICY NUMBER

ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME)

NAMED INSURED
AGENT NO.

RBS0192111
08/28/2023
SDC Engineering, Inc.
047BZ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED -ONGOING OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SECTION II -WHO IS AN INSURED, paragraph C. is amended to include, for COVERAGE A —BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY only, as an additional insured, any person, entity or organization for whom the Named Insured is performing ongoing operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the person, entity or organization as an additional insured.

1. Such person, entity or organization is only an additional insured with respect to liability for bodi- ly injury or property damage caused, in whole or in part, by the ongoing operations of the Named Insured performed for the additional insured.

2. The insured contract must be currently in effect or become effective during the policy period, be executed prior to the bodily injury or property damage first happening, and be between the Named Insured and the additional insured.

3. This coveragedoes not apply to bodily injury orproperty damage after:
a. Your work for the additional insured has been completed; or b. That portion of your work out of which the bodily injury or property damage arises has been put to its intended use by any person or organization.

4. The applicable limit of our liability shall not be increased by the inclusion of the additional in- sured under the policy.

5. We shall have no duty to indemnify the additional insured for damages,claims or any other lia- bilities arising from actions, inactions, errors or omissions of the additional insured.

6. Our duty to indemnify the additional insured under an insured contract pursuant to this en- dorsement shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier -of -fact to the total damage sum allocated by the trier -of -fact to the additional insured. Under no circumstances shall we pay more than this proportionate in- demnity share required of the policyholder in the insured contract.

7. Any indemnity payments made on behalf of any additional insured under an insured contract shall reduce the applicable limits of insurance on a dollar for dollar basis. Any indemnity pay- ments paid to or on behalf of the additional insured pursuant to this endorsement are subject to the terms, conditions and limitations of the policy.

SDS-6 (1-19) Page 1 of 2
kiNationwide

8. This endorsement does not create a duty on our part to defend the additional insured or to par- ticipate in, contribute to, or reimburse any person, organization or entity for any fees or expenses incurred in the defense of the additional insured.

SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition B. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT of the policy is amended to include:

An additional insured under this endorsement shall in addition to complying with all provisions of the policy:

1. Give written notice to us of an occurrence or an offense which may result in a claim or suit with- in thirty (30) days of notice to the additional insured.

2. Give written notice to us of a claim or suit brought against the additional insured within thirty (30) days of the additional insured being served with the claim or suit.

3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,suit or demand for defense or indemnity within thirty (30) days of the additional in- sured being served with the claim,suit or demand for defense or indemnity. Such notice must demand the full coverage available under the policy. The additional insured will not take any ac- tion to waive or limits such other coverage available to it.

4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph.

This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged.

AUTHORIZED REPRESENTATIVE
Nationwide"
SDS-6 (1-19) Page 2 of 2

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDNYYY)
10/19/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Statewide Commercial Insurance Brokers
2406 N. Lake Ave
Altadena CA 91001
CONTACT Customer Service Department
NAME:
(PHa ONE C O. Ext): (626) 744-2911 FAX No): (626) 340-4807 E-MAIL [email protected]
ADDRESS:

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

INSURED
SDC Engineering Inc
25341 Barents
Laguna Hills CA 92653
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

CL238 1713307
REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

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

PERSONAL &ADV INJURY
$
GEN'L

AGGREGATE

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$
A

AUTOMOBILE

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
)/
/�

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
504-61015-2616-001
05/03/2023
05/03/2024

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

PROPERTY DAMAGE
(Per accident)
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

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

CERTIFICATE HOLDER

CANCELLATION
The City of Placentia
401 E Chapman Ave
Placentia
CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

Project No. 7911

EXHIBIT E

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

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

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

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

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum.

Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
34 RESOLUTION NO. R-2023-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.

A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

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

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

2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:

Fund
Description
Department
GL Account
JL
Account
Amount
Type
General Fund
Citywide
Sidewalk
Repair
Program
Public Works
109800-6740
24102-
6740
$30,000
Decrease
General Fund
La Placita
Parkette
Improvement
Proect
Community
Services
107911-6760
107911-
6760
$30,000
Increase
City Quimby In-
Lieu Fee Fund
Koch Picnic
Shelter
Community
Services
697213-6760
697213-
6760
$56,050
Decrease
Resolution R-2023-85

Replacement
Project
City Quimby In-
Lieu Fee Fund
La Placita
Parkette
Improvement
Project
Community
Services
697911-6760
697911-
6760
$56,050
Increase

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

PASSED, ADOPTED AND APPROVED THIS 7th DAY OF NOVEMBER
2023.

Ward L. Smith, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 7th day of November 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

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

Christian Bettenhausen, City Attorney
Resolution R-2023-85

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: NOVEMBER 7, 2023
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA AMENDING SECTION 13.48.160 (TITLE 13 - VEHICLES & TRAFFIC) AND ADDING CHAPTERS 8.10 - SIDEWALK VENDING (HEALTH & SANITATION) AND 13.50 - SALES OF GOODS FROM VEHICLES (VEHICLES &

TRAFFIC), TO ESTABLISH A REGULATORY FRAMEWORK FOR THE SALES

OF FOOD AND MERCHANDISE FROM SIDEWALK VENDORS AND FOOD
TRUCKS.

FISCAL
IMPACT: NONE
SUMMARY:

Due to the enactment of Senate Bill ("SB") 946 and 972 a few years ago concerning sidewalk vendors, the City is compelled to enact an ordinance which updates the Placentia Municipal Code ("PMC") so that it is consistent with state law. It should be noted that state law has greatly restricted what cities can regulate with regard to sidewalk vendors. This ordinance also updates the PMC with regard to food trucks since there are presently no comprehensive regulations for vendors who sell food from vehicles, other than obtaining a business license. Unlike sidewalk vendor regulations, there are no state laws which similarly restrict the cities' ability to regulate food trucks, which have become extremely popular and widespread throughout the County and State in recent years. PMC Section 13.48.160 (Vendors' wagons and pushcarts) is being amended since it will be replaced by the more comprehensive regulations contained in newly enacted Chapters 8.10 and 13.50.

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

1. Open the public hearing concerning Ordinance No. O-2023-04; and

2. Receive the Staff report, consider all Public Testimony, ask any questions of Staff, and

3. Close the public hearing; and

4. Find that adoption of Ordinance No. O-2023-04 is exempt from environmental review and direct Staff to file a Notice of Exemption once the Ordinance is adopted, pursuant to CEQA Section 15061(b)(3); and

2.a.

Nov. 07, 2023

City Council Agenda
November 7, 2023

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2023-04, an Ordinance of the City Council of the City of Placentia, California, finding that approval of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) and amending the Placentia Municipal Code, Section

13.48.160 (Title 13 — Vehicles & Traffic) and adding Chapters 8.10 - Sidewalk Vending (Health & Sanitation) and 13.50 - Sales of Goods from Vehicles (Vehicles & Traffic), to establish a regulatory framework for the sales of food and merchandise from sidewalk vendors and food trucks.

STRATEGIC PLAN STATEMENT:

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

Promote Community and Economic Development, Goal 3, as this item will serve to enhance Community Development and Economic Development efforts in general as it will provide options for outdoor vending operations. It will also result in the regulation of outdoor vending and food truck operations, which will promote said operations in an orderly and safe manner that benefits the entire community.

DISCUSSION/BACKGROUND:

This ordinance adds two new chapters to the Placentia Municipal Code. Chapter 8.10 adds a regulatory framework for sidewalk vendors and Chapter 13.50 adds a parallel regulatory scheme for mobile food vendors (food trucks). Both new chapters are aligned with one another, to some extent, but the state has imposed many more limitations on what cities can regulate with regard to sidewalk vendors, which explains why the regulations pertaining to food trucks are much stricter and more broad (e.g. food trucks are prohibited in the residential neighborhoods and parks and are limited to selling food only between 8 a.m. and 6 p.m., while sidewalk vendors are restricted from selling in commercial areas from midnight to 7 a.m. and from 10 p.m. to 7 a.m. in residential neighborhoods). In addition, while sidewalk vendors can only be issued administrative citations, food truck vendors can be cited, fined, or prosecuted.

The City's proposed regulations are comparable to neighboring cities. Staff reviewed ordinances of a number of cities, including: Dana Point, Fullerton, Brea, Pasadena, Huntington Beach, Garden Grove, Costa Mesa, Buena Park, Laguna Beach, Fountain Valley, Seal Beach, Los Alamitos, Stanton, Irvine, Westminster and Santa Ana.

Sidewalk Vendor Regulations — Chapter 8.10
Senate Bill ("SB") 946 and SB 972 were both signed into law and became effective January 1, 2019, and January 1, 2023, respectively. Both SB 946 and 972 (codified as California Government Code Section 51038 and 51039) have severely limited the authority of cities and counties to regulate sidewalk vendors.

This ordinance will update the City of Placentia Municipal Code to allow sidewalk vending, consistent with SB 946 and SB 972. The new law defines "sidewalk vendors" to include any person

City Council Agenda
November 7, 2023

who sells food or merchandise from a pushcart, wagon, or other non -motorized conveyance, or from his or her person, while on a public sidewalk or other pedestrian path. A sidewalk vendor may be "stationary" or "roaming." Stationary sidewalk vendors are those who operate from a fixed location, while roaming sidewalk vendors move from place to place and stop only to complete a transaction. The statutory requirements apply to both stationary and roaming sidewalk vendors unless otherwise indicated.

California Government Code §§ 51038 and 51039 now prohibit cities from adopting regulations that do any of the following:
• Restrict the overall number of sidewalk vendors allowed to operate within the jurisdiction, except if directly related to objective health, safety, or welfare concerns. • Require sidewalk vendors to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise.
• Require sidewalk vendors to operate within specific parts of the public right-of-way, except if directly related to objective health, safety, or welfare concerns. • Require sidewalk vendors to operate only in designated neighborhoods or areas, except if directly related to objective health, safety, or welfare concerns.

The City of Placentia may, however, regulate the time, place, and manner in which sidewalk vending is conducted, provided that such regulations are directly related to objective health, safety, or welfare concerns. Permissible regulations include, but are not limited to, the following:
• Limits on hours of operation, provided they are not unduly restrictive. In nonresidential areas, limitations cannot be more restrictive than the hours of operation imposed on other businesses on the same street.
• Requirements to maintain sanitary conditions.
• Requirements to ensure compliance with the Americans with Disabilities Act and other disability access standards.
• Requiring a sidewalk vending permit, business license, California Department of Tax and Fee Administration seller's permit, and/other licenses from other state or local agencies. • Requiring a sidewalk vendor to submit certain information on his or her application concerning operations.
• Prohibiting sidewalk vendors on private property.
• Requiring compliance with other generally applicable laws.

The newly enacted laws declare that perceived community animus or economic competition are not valid "objective health, safety, or welfare concerns" to justify the imposition of time, place, or manner restrictions. In addition, local authorities are precluded from prohibiting sidewalk vendors in public parks. A limited exception is allowed where a concessionaire has been granted an exclusive concession for the sale of food or merchandise. In such case, the city can only prohibit stationary sidewalk vendors but must still allow roaming sidewalk vendors. The city may impose additional time, place, and manner restrictions to sidewalk vending in public parks, so long as the restrictions meet at least one of the following criteria:
• They are directly related to health, safety, or welfare concerns.

City Council Agenda
November 7, 2023

• They are necessary to ensure the public's use and enjoyment of the park's natural resources and recreational opportunities.
• They are necessary to prevent an undue concentration of commercial activity that would unreasonably interfere with the park's scenic and natural character.

Cities may prohibit sidewalk vendors within the immediate vicinity of permitted special events, including, but not limited to, certified farmers' markets, filming permit, a parade, or an outdoor concert, during those events' operating hours. Sidewalk vendors cannot be cited, fined, or prosecuted for a violation of any rule or regulation that is inconsistent with the Government Code.

Even where a compliant sidewalk vending program is in place, cities are precluded from imposing criminal penalties. Instead, violations may be punished with administrative citations in the amounts set forth in the new Government Code Section 51039. No additional fines, penalties, or other financial conditions may be assessed, including for a failure to pay an administrative fine.

However, following a fourth violation of a local sidewalk vending regulation, a vendor's permit can be rescinded for the remainder of the term.

Once a citation is issued, the City is required to consider the person's ability to pay the fine and must notify the person of his or her right to request an ability -to -pay determination. Such a request may be made even after he or she has become delinquent or if his/her income is 125% or less of the current federal poverty guidelines, the City must accept payment of 20% as full satisfaction of the fine. For any citation, the local authority may accept community service in lieu of payment, waive the administrative fine, or offer an alternative disposition.

After SB 946 was enacted and local jurisdictions began revising their ordinances, it became clear that sidewalk vendors were still unable to get their businesses off the ground because of county health permit requirements, which were viewed as an impediment to the sidewalk vendor law. In addition, because the health permit from the county was a prerequisite to obtaining a city business license, many, if not all, sidewalk vendors were still not permitted to operate in cities. As a result, SB 972 was enacted to significantly alter the California Retail Food Code ("CalCode") relevant to the preparation and sale of food by sidewalk vendors and other compact mobile food operations ("CMFOs).

Chapter 8.10 reflects the new equipment, operational, and permitting requirements found in SB 972 to accommodate microbusinesses more realistically like sidewalk food vendors and bring entrepreneurs like sidewalk vendors into the formal economy. Some view these changes as "reduced" or "relaxed" health and sanitary requirements for sidewalk vendors. The law revises certain equipment requirements for CMFOs, streamlines permitting processes for CMFOs and the facilities that support them. Therefore, not only are cities impacted by the new sidewalk vendor laws, but also Health enforcement agencies (i.e., the Orange County Health Department) must similarly adopt/revise certain regulations that are consistent with the new state rules related to food facilities operating within their jurisdiction.

City Council Agenda
November 7, 2023

Consistent with SB 972, PMC Chapter 8.10 does not require a health permit from the County Health Department to allow sidewalk vendors and other compact mobile food operations with 25 square feet or less of display area that sell only the following:
• Bagged snacks.
• Cans of soda.
• Bottled water.
• Whole fruits.
• Whole vegetables.
• Canned goods that do not need refrigeration.

Many cities and counties currently require any business that sells food — including sidewalk vendors — to first obtain a health permit prior to applying for a local business license or vending permit that would allow them to conduct business in the jurisdiction. PMC Chapter 8.10 contains an exemption from health department permitting requirements for compact mobile food operations that sell only (i) prepackaged food that is not potentially hazardous; and (ii) whole produce.

Also consistent with the new state law, a sidewalk vendor's cart is defined as a "compact mobile food operation" or a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance. The new law has relaxed equipment requirements for these pushcarts.

In addition, an unenclosed mobile food operation facility, a category that includes most sidewalk vendors and other compact mobile food operations, are permitted to conduct what is called, "limited food preparation" under CalCode. SB 972 expands the definition of limited food preparation to include several common and safe food preparation activities, thereby allowing a sidewalk vendor or other compact mobile food operation to conduct those food preparation activities "in the field" rather than at a commissary. "Limited food preparation," is defined as:

1. Slicing and chopping of non -potentially hazardous fruits and vegetables,

2. Pre-cooking food in an approved kitchen and "hot -holding" or "cold -holding" that food prior to service from a vending cart.

3. Reheating food that was previously prepared in an approved kitchen.

Section 8.10.120 (G), "Seizure of Goods" was included in Chapter 8.10 to address "objective health, safety, and welfare concerns" to prevent the situation which occurred in the City of Santa Ana last year. Many people who purchased food from unlicensed sidewalk vendors in Santa Ana, were the unsuspecting victims of food borne illness. By including a section on impounding perishable food which has sickened customers, the necessary tools will be provided to Placentia code enforcement officers along with County Health Department officials to seize the food before others become sick.

City Council Agenda
November 7, 2023

Sales of Goods from Vehicles (Regulations) — Chapter 13.50 The purpose of adding Chapter 13.50 is to align the sidewalk vending regulations with mobile food truck regulations, although state law has not limited cities' ability to enact stricter health, safety and welfare regulations pertaining to food trucks. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon any street in order to promote public safety. Vending from mobile vending facilities on public streets creates the potential for safety hazards, such as, but not limited to, encouraging pedestrians to cross mid -block to purchase food. The actions of mobile food vendors can create safety risks to the public, especially pedestrians who become inattentive to vehicular traffic. Vendors who fail to park their mobile vending facilities on public streets in a safe manner during a transaction attract customers onto public roadways, creating further traffic and public safety hazards.

Chapter 13.50 applies to individual food trucks, which are usually found on public rights -of -way, often near construction sites or on private property, such as office buildings, commercial businesses (e.g., parking lots of Best Buy, Lowe's, or Home Depot), and industrial areas and involve situations where the food truck generally stay in one place for less than 30 minutes. Food trucks participating in a Special Event (pursuant to PMC 23.81.015) must adhere to the requirements of Chapter 13.50 but must also abide by additional regulations when they participate under the umbrella of a special permit event.

Unlike the regulation contained in Chapter 8.10 (Sidewalk Vendors), Chapter 13.50 contains stricter regulations for food trucks. The City of Placentia is permitted to enact and enforce the following regulations concerning food trucks:
• Require mobile food trucks (in some instances) to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise on private property.
• Require mobile food trucks to operate within specific parts of the public right-of-way, to protect the public health, safety, or welfare concerns. • Require mobile food trucks to operate only in designated areas of the city and prohibit them from operating in residential neighborhoods or public parks. • Limits hours of operation of mobile food trucks, e.g. 8 a.m. to 6 p.m. • Enforce requirements to maintain sanitary conditions. • Requiring a mobile vending permit, business license, California Department of Tax and Fee Administration seller's permit, commercial general liability insurance and County Health Department permit.
• Require a mobile food vendor to submit certain information on his or her operations. • Require compliance with other generally applicable laws and are subject to being cited, fined, and prosecuted.

The regulations enacted by this ordinance will provide Code Enforcement officers the ability to protect the public health, safety, and welfare of its residents.

City Council Agenda
November 7, 2023
Page7of7
Fees
Currently, there are City fees that apply to certain outdoor vendors and food trucks. However, Staff recommends updating and modernizing those fees based on City Council action regarding the proposed Ordinance. Any changes to the fee schedule could be part of the annual Fiscal Year fee schedule adjustment or could be adopted by City Council at an earlier date.

CEQA:

In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Commonsense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Municipal Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Commonsense exemption, a Notice of Exemption will be filed.

Prepa
aniel Pivaroff
Code Enforcement Supervisor
Reviewed and approved:

Damien R—Arrula—
City Administrator
Attachment:

1. Ordinance No. O-2023-04
Reviewed and approved:

Director of Development Services

ORDINANCE NO. O-2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AMENDING SECTION

13.48.160 (Title 13 — VEHICLES & TRAFFIC) AND ADDING
CHAPTERS 8.10 - SIDEWALK VENDING (HEALTH &
SANITATION) AND 13.50 - SALES OF GOODS FROM

VEHICLES (VEHICLES & TRAFFIC), TO ESTABLISH A

REGULATORY FRAMEWORK FOR THE SALES OF FOOD

AND MERCHANDISE FROM SIDEWALK VENDORS AND
FOOD TRUCKS.

City Attorney Summary
This Ordinance would repeal Section 13.48.160 and add Chapters 8.10 ("Sidewalk Vending"), and Chapter 13.50 (Sales of Goods from Vehicles) which establishes a regulatory framework for sidewalk vendors and food trucks. Senate Bill ("SB") 946 and 972 were both signed into law and became effective January 1, 2019, and January 1, 2023, respectively. Both SB 946 and 972 (codified as California Government Code Sections 51038 and 51039) have severely limited the authority of cities and counties to regulate sidewalk vendors. Notwithstanding the state limitations imposed on cities regulating sidewalk vendors, the City of Placentia desires to add a regulatory framework for both sidewalk vendors and a parallel scheme for mobile food vendors (food trucks).

A. Recitals
(i) Senate Bill (SB) 946 was signed into law on September 17, 2018, and became effective January 1, 2019.
(ii) SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with Government Code Sections 51038 and 51039. (iii) The city desires to regulate and provide for the safe and lawful operations of sidewalk vendors, consistent with SB 946.
(iv) The Sidewalk Vending Ordinance requires all persons engaged in sidewalk vending to possess a sidewalk vending permit and comply with the regulations contained therein.
(v) This Ordinance will update the City of Placentia Municipal Code by adding Chapter 8.10 (Sidewalk Vending) to allow sidewalk vending, consistent with state law, which now prohibits cities from adopting regulations that restrict sidewalk vendors from operating.

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(vi) Chapter 8.10 will regulate the time, place, and manner in which sidewalk vending is conducted in the city.
(vii) Chapter 8.10 provides that sidewalk vendors cannot be cited, fined, or prosecuted for a violation of any rule or regulation that is inconsistent with the Government Code. Chapter 8.10 does not set forth criminal penalties for violations of the sidewalk vending ordinance because violations may only now be punished with administrative citations.
(viii) SB 972 significantly altered the California Retail Food Code ("CalCode") relevant to the preparation and sale of food by sidewalk vendors and other compact mobile food operations ("CMFOs").
(ix) Chapter 8.10 reflects the new equipment, operational, and permitting requirements found in SB 972. Some view these changes as "reduced" or "relaxed" health and sanitary requirements for sidewalk vendors. This ordinance is aligned with the new state law equipment requirements for sidewalk carts, now designated by the State as Compact Mobile Food Operations ("CMFO's"), which streamlines the permitting processes for CMFO's and the facilities that support them. (x) Consistent with SB 972, Placentia Municipal Code Chapter 8.10, will not always require a county health permit to allow sidewalk vendors and other compact mobile food operations with 25 square feet or less of display that sell only bagged snacks, cans of soda, bottled water, whole fruits and vegetables, canned goods that do not require refrigeration, and other similar foods.
(xi) In addition, pursuant to SB 972, an unenclosed mobile food operation facility, a category that includes most sidewalk vendors and other compact mobile food operations, are permitted to conduct what is called, "limited food preparation" in the field under CalCode.
(xii) The Placentia City Council desires to impose reasonable time, place, and manner restrictions on sidewalk vendors, consistent with state law to ensure the safety of sidewalk vendors, the patrons, and the public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in their community. (xiii) Concurrent with enacting the sidewalk vendor ordinance, the City Council desires to establish parallel regulations pertaining to food trucks by enacting Chapter

13.50. Section 22455 of the California Vehicle Code authorizes municipalities to regulate the type of vending from motor vehicles and the time, place, and manner of vending from vehicles upon any street to promote public safety.
(xiv) Vending from mobile vending facilities, also known as food trucks on public streets creates the potential for safety hazards, such as, but not limited to, encouraging pedestrians to cross mid -block to purchase food. In addition, mobile food truck vendors who fail to park their mobile vending facilities on public streets in a safe manner during a Ordinance O-2023-04

transaction attract customers onto public roadways, creating further traffic and public safety hazards.
(xv) Unlike the regulations contained in Chapter 8.10 (Sidewalk Vendors), Chapter 13.50 contain more comprehensive regulations for food trucks. Since the City of Placentia is permitted to enact and enforce the following regulations concerning food trucks, Chapter 13.50 will regulate food trucks as follows:
• Require mobile food trucks to obtain the consent or approval of any nongovernmental entity or individual before selling goods or merchandise on private property.
• Require mobile food trucks to operate within specific parts of the public right-of-way, to protect public health, safety, or welfare concerns. • Require mobile food trucks to operate only in designated areas of the city. • Limit hours of operation of mobile food trucks.
• Enforce requirements to maintain sanitary conditions. • Require a mobile vending permit, business license, California Department of Tax and Fee Administration seller's permit, and a County Health Department permit.
• Require a mobile food vendor to submit certain information on his or her operations.
• Cities are not restricted in the types of penalties for violations of mobile food truck regulations as they are with respect to sidewalk vendors.

B. Ordinance
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine, and ordain as follows:

SECTION 1. Chapter 8.10 of Title 8 (Health & Sanitation) is hereby added as follows:

Chapter 8.10 Sidewalk Vending.

8.10.010 Purpose.

8.10.020 Definitions.

8.10.030 Sidewalk Vendor Permit Required

8.10.035 Exceptions to Requirement of Sidewalk Vendor Permit.

8.10.040 Issuance of Permit.

8.10.050 Denial of Sidewalk Vendor Permit.

8.10.060 Revocation of Sidewalk Vendor Permit.

8.10.070 Appeal Process.

8.10.080 Operating Conditions.

8.10.090 Operating Conditions for Compact Mobile Food Operations.

8.10.100 Use of Approved Kitchens by Sidewalk Vendors.

8.10.110 Prohibited Activities and Locations.

8.10.120 Penalties.

8.10.130 Citation Appeals.

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8.10.010 Purpose
The purpose of this Chapter is to establish a Sidewalk Vendor Permitting and Regulatory framework. The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on Sidewalk Vending and providing regulation and enforcement of unpermitted Vending Activities to protect the public health, safety, and welfare. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary for the following reasons:

1. Ensure no interference with the performance of public safety officers including police, firefighter, security, and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement, or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Sidewalk Vending Activities in portions of the city while preserving the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise in the public right-of-way, by providing a practical way to ensure Sidewalk Vendors prepare Food safely and according to CalCode and the Orange County Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other rights of way are protected while accommodating Sidewalk Vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

This chapter shall not apply to food truck vending which is subject to regulations contained in Chapter 13.50 (Sales of Goods from Vehicles).

8.10.020 Definitions
For purposes of this Chapter, the following words and phrases shall have the following meanings. Whenever any words or phrases used herein are not defined, but are defined in the California Health and Safety Code, Business & Professions Code, or the Vehicle Code, such definitions shall apply. If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

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"Auxiliary Handwashing and Warewashing Facilities" means a nearby sanitary standalone sink facility to satisfy the County Health Department requirement of having four sinks attached to the vending cart or stand.
"Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, compact mobile food operation or other non -motorized conveyance used for Sidewalk Vendor Activity.
"Certified Farmers' Market" shall be as defined in Section 27512 of the California Health and Safety Code.
"City Building" means any building and the abutting parking lot(s) which is owned or occupied by the City of Placentia or any of its departments and which is used for public purposes.
"City Property" means all property owned or controlled by the City of Placentia, including, but not limited to, buildings, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.
"Compact Mobile Food Operation" is a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance. Such an operation would be restricted to limited food preparation. In certain circumstances operators are not required to obtain a health permit from the local health department.
"Civic Center" means the area in the City of Placentia where City Hall is located. "Development Services Director" means the Development Services Director or a designee selected to make determinations pertaining to this chapter. In the event that the Development Services Director position is not filled, the highest ranking official in the Community Services Department will be responsible for making determinations or selecting a designee.
"Fire Station" means any facility where fire engines and other equipment of the Orange County Fire Authority are housed.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Girl Scout Cookies" means cookies sold by the Girl Scouts of America to support Girl Scout councils and individual troops. They are sold door-to-door, or at cookie booths set up on sidewalks or storefronts.
"Goods" or "merchandise" includes items and products of every kind and description, including all foods, produce and beverage items. "Services" of any kind are not included in the definition of goods and/or merchandise.

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"Hearing Officer" is the contractor hired by the City of Placentia to impartially consider appeal requests and decide on the outcome of appeals.
"Integral Equipment" for purposes of a compact mobile food operation facility, means both equipment that is permanently attached to the primary unit and equipment that is securely fastened to the primary unit. The purpose is to allow for the construction of modular carts with flexible cooking uses, carts that can be disassembled for transportation and cleansing, and carts that incorporate already existing and approvable equipment that can be securely fastened to a cart without being permanently welded to the primary unit. "Lemonade Stand" means a business operated by minors under the age of 16, from a stand, which may be a folding table, in front of the minor's residence. "Limited Food Preparation" means permitted food preparation activities "in the field" rather than at a commissary, to include such activities as 1) slicing and chopping of non - potentially hazardous fruits and vegetables; 2) pre-cooking food in an approved kitchen and "hot -holding" or "cold -holding" that food prior to service from a vending cart; 3) re- heating food that was previously prepared in an approved kitchen. "Marijuana" shall have the same definition as that set forth in California Health & Safety Code Section 11018. "Marijuana" shall include: "cannabis" as defined in California Business & Professions Code Section 19300.5 (f); "cannabis concentrate" as defined in California Business & Professions Code Section 19300.5 (g); "edible cannabis product" as defined in California Business and Professions Code Section 19300.5(s). Marijuana means both medical marijuana and non -medical marijuana. "Merchandise" means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be considered Merchandise. Merchandise excludes any service or services. "Park" means each and every park, recreation center, sporting field, hiking trail, walking track, garden, barbecue, picnic area, and every other recreation facility owned, managed and/or controlled by the City of Placentia and under the jurisdiction of the Director of Community Services including parking lots attached thereto. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Person" means and includes all person or persons, domestic and foreign corporations, limited liability company, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts Trust, business or common law trusts, societies, and individuals transacting and carrying on any business in the city.

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