4 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
ALLOCATION OF RESOURCE & TEAM QUAILFICATIONS
RHA is headed by two principals, Doug Grove, RLA, LEED AP the firm's president, and Greg Meek, RLA. We use a "team" approach under the direction of the firm's principals and its associates.
RHA is located in the City of Riverside with a staff of 7 persons that includes 4 licensed landscape architects and one LEED Accredited Professional.
The RHA organizational system utilizes a team approach. Under principal management, our project assignments are organized into teams of professionals, with each team led by a principal.
RHA maintains a ratio of one licensed landscape architect per each designer.
RHA STAFF
Doug Grove, RLA
Greg Meek, RLA
David Black, RLA
Lauren McHugh, RLA
Jennifer Salazar
Andrew Lytle
Alan
President/Landscape Architect/LEED AP
Principal/Landscape Architect
- Project Manager/Landscape Architect
Project Manager/Landscape Architect
- Project Manager/Landscape Designer
- Landscape Designer
- Accounting/Office Management
All projects with the city will be managed by Doug Grove, Principal Landscape Architect. He will be assisted by one of the principals or project managers listed above, depending on the type and timing of the specific project.
Resumes of Doug Grove, Greg Meek, David Black, and Lauren McHugh have been included in this Statement of Qualifications.
• Doug Grove
• Greg Meek
• David Black
• Lauren McHugh
(951) 781-1930 ext. 121
(951) 781-1930 ext. 122
(951) 781-1930 ext. 120
(951) 781-1930 ext. 125
[email protected]
[email protected]
[email protected]
[email protected]
Also included in the resumes is an extensive list of project experience on relevant public works projects. Refer to the firm -wide experience lists and project descriptions that follow in the Experience and References section.
Staff Availability
All of our Staff are available to work on and assist with the potential City of Placentia projects.
Are current work load will allow for additional new project and we have the ability to add additional employees to work on other projects if needed.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Project Team Qualifications / Qualifications of Key Personnel 5 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
Subconsultants
Our well qualified team that we have assembled for this project includes the following firms:
DBA Engineering Associates— Survey, Civil Engineering, Structural Engineering, Grading, and Drainage JCA Electrical Engineers — Electrical and lighting
BOA Architecture — Architecture and ADA compliance
Converse Consultants — Geotechnical Investigation and Reporting Ultra Systems — Environmental Compliance
Our mid -sized office with qualified and experienced staff ensures that you will receive exception and personalized service. We like to create an environment that feels like we are an extension of the City Staff. Our goal is to always make you look good, to the people you report to, the public, the Commissions, and the City Council. We look forward to working again with the City of Placentia! Project Team Organizational Chart
Doug Grove
President
Landscape Architect
LEED AP
Greg Meek
Jennifer Salazar
Project Manager
Landscape Designer
Lauren McHugh
Alan Sponholz
Office Manager
Accounting
Project Manager
Landscape Architect
Principal
Landscape Architect
David Black
Project Manager
Landscape Architect
Andrew Lytle
Project Captain
Landscape Designer
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Project Team Qualifications / Qualifications of Key Personnel 6 KEY PERSONNEL RESUMES— Don2 Grove
Doug Grove, RLA, ASLA, LEED° AP
President
Education:
BS/1985/Landscape Architecture/
Cal State Polytechnic University, Pomona
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
Active Registration:
1987/Landscape Architect/2799/State of California
LEED Accredited Professional — United States Green Building Council (USGBC) Mr. Grove is President, Principal Landscape Architect, and LEED Accredited Professional with RHA Landscape Architects - Planners, Inc. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. A professional Landscape Architect for over 38 years, his wide range of experience in the public works sector includes in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.
Mr. Grove has established his ability to work efficiently and professionally throughout all aspects of project development.
His extensive experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating public meetings, design development, and approval on numerous public works and parks projects as well as following through with obtaining all other necessary approvals needed for final drawing and project completion.
Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as the President. He also serves on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside and the Building Industry Association (BIA) Riverside County as Secretary. He is a past President of the CPRS State Development and Operations Section and a past Board Member for the United States Green Building Council — Inland Empire (USGBC-IE).
Representative projects include (partial list):
Park and Recreation Needs Assessments
• Benicia Parks, Trails, and Open Space Master Plan
• Chino Parks and Facilities Master Plan
• Carlsbad Parks and Recreation Master Plan
Neighborhood Parks
• Chino Rancho Park, City of Chino
• Lucinda Garcia Park, City of Monrovia
• Dolphin Park Inclusive Playground, City of Carson
Historical Parks
• Chino Old Schoolhouse Museum, City of Chino
• Aliso Viejo Ranch, City of Aliso Viejo
Community and Sports Parks
• La Palma Park, City of Anaheim
• Torrance Park, City of Torrance
• Yorba Park, City of Orange
• Oak Park Sports Fields, Pleasant Hill Recreation & Parks District RHA LANDSCAPE ARCHITECTS - PLANNERS, INC. 7
6800 Indiana Avenue, Suite 245, Riverside, Califomia 92506 - (951)781-1930 - (951) 686-8091 — www.rhala.com
KEY PERSONNEL RESUMES —Greg Meek
GREG MEEK, RLA
PRINCIPAL
EDUCATION:
BA/LANDSCAPE ARCHITECTURE/TEXAS A&M UNIVERSITY
Performance Leadership — DunkinWorks 2016
Resolve - Negotiations training — Agreement Dynamics Inc. 2017 ACTIVE REGISTRATION:
Landscape Architect/2484/State of California
Certified Playground Safety Inspector (CPSI)
LANDSCAPE
A RC II ITE('"rS
PLANNERS. INC.
Mr. Meek is a Principal Landscape Architect with RHA Landscape Architects -Planners, Inc. He graduated from Texas A&M and holds a Bachelor of Arts degree in Landscape Architecture. A professional Landscape Architect for over 36 years, his wide range of experience in the public works sector includes 3 years as the Senior Landscape Architect for the City of San Jose, the tenth largest city in the United States and 10 years of experience as a park development coordinator for various cities in California. He has been responsible for managing Park Dwelling and Park Impact fees, preparing and monitoring agency capital budgets, planning and managing agency capital improvement program, developing requests for services, agreements, and contracts, negotiating fees for services, preparing contracts, and managing staff and contractors.
Mr. Meek's experience in the private sector has included business development, client and project management, preparing budgets and cost estimates as well as the design of sports parks, neighborhood parks, schools, and streetscape projects. He has also provided consultant plan checking services for the cities of Jurupa Valley, Rialto, Diamond Bar and Palm Desert as well as in his capacity as landscape architect at the cities of Fullerton, San Jose, and San Mateo.
Representative projects include (partial list):
• Rialto Landscape Plan Checking Services, City of Rialto, California • Elysian Park Inclusive Play Area and Splash Pad Los Angeles, California • Lucinda Garcia Park Monrovia, California
• Marine Park Inclusive Play Area Santa Monica, California • Lee Owens Park Expansion and Renovation, City of Whittier, California • Dolphin Park Inclusive Playground, City of Carson, California • Acacia Park Renovation and Play Areas, City of EI Segundo, California • Washington Park Play Area, City of EI Segundo, California • Jurupa Valley Planning Department Plan Checking, City of Jurupa Valley, California • Hayward Square Park, City of San Mateo, California
• Beresford Park, City of San Mateo, California
• Martin Luther King Park, City of San Mateo, California • Poplar Creek Golf Course club House Landscape Renovation, City of San Mateo, California • Lake Cunningham Bike Park/ Extreme Sports Park, San Jose, California • Grand Terrace Fitness Park, Grand Terrace, California • Bagdouma Park Renovation Project, City of Coachella, California • Dateland Park Renovation Project, City of Coachella, California • Casmalia and Alder Street Beautification Project, Rialto, California • Terra Bella Specific Plan Landscape Design Guidelines, French Valley California RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, Califomia 92506 - (951)781-1930 - (951) 686-8091 — www.rhala.com 8 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
UNDERSTANDING OF SCOPE, PROJECT APPROACH & WORK PLAN
UNDERSTANDING OF SCOPE
We understand that the scope of work may include providing the City with on -call landscape architecture and design services, surveying, irrigation, structural, civil, electrical, and related services which may be required in connection with planning, design, and renovation of landscaped medians, parkways, and park facilities. Typical projects may be landscaped medians, parkways, and park facilities and related engineering services on an On -Call, Time and Material, Not -to -Exceed basis, to the City of Placentia, including the following:
Preliminary Project Research, Studies and Investigations; Surveying; Project Design, including preparation of Plans, Specifications, and Estimates; Utility Coordination, Construction Support, Quality Assurance/Quality Control, Constructability Review, Value Engineering, and related services.
We understand the we will be required to submit progress plans and specifications at 50%, 90% and 100% completion, during which time the City staff will review such submittals for approval, prior to proceeding with subsequent submittals. The construction plans and technical specifications at each stage of percentage completion and submittal shall contain sufficient information to cover most of the aspects of the work required on the project. Plans shall consist of the construction drawings, technical specifications and other detailed sketches complete with concise measurement and notes to help the constructability of the project.
We understand construction support services will include assisting with bid and award; attend pre -construction conferences; conduct regular site inspections and attend scheduled site meetings; provide observation of contractor's operations and work to determine compliance with plans and specifications, quality of workmanship and progress reports; review shop drawings and contractor's submissions; review payment applications; provide clarifications and responses on RFIs and change orders; conduct preliminary punch -list review; coordinate preparation of O & M manuals and warranties; and conduct final inspections for compliance with contract documents and code requirements.
Our specific scope of work will depend upon the nature of each project and may consist of any or all of the following: Conceptual/Preliminary Design Development, Site Evaluation and Selection, Program Development, Working Drawings/Specifications, Assistance during Bidding, Construction Observation, Inspection Services, Preparation of Maintenance Guidelines and General Consulting
The following design process is . enerally how we approach a typical project. This process will be customized for each individual project and may include any or all of the following services:
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Understanding of Scope, Approach and Work Plan
9 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
A. CONCEPTUAL PLANNING
Project Base Sheet — We will work from AutoCAD generated base data provided by City's Engineer.
Project Site Review — We will visit/review the site and verify existing site conditions and adjacent development.
Schematic Design — We will prepare a rough Schematic Plan for City review/input. The products of the schematic planning phase initially will be rough sketches, plan view studies/overlays and discussion, finishing with a loose, yet slightly more refined CAD drawing.
Conceptual Plan — We will prepare a finished Conceptual Plan delineating the landscape development. This plan will be based upon design team and City input from the preceding Schematic Plan. The plans will illustrate the scale and relationship of the project components and will depict all landscape elements of the project, their approximate location, use, and general description. We will color render the completed plans.
B. PRELIMINARY DESIGN
Project Base Sheet — We will work from AutoCAD generated base data provided by the Engineer.
Project Site Review — We will visit/review the site and verify existing site conditions and adjacent development.
Preliminary Design — We will prepare a Preliminary Plan delineating the landscape development. This plan will be based upon design team and City input. The plans will illustrate the scale and relationship of the project components and will depict all landscape elements of the project, their approximate location, use, and general description. We will color render the completed plan.
Opinion of Probable Construction Cost — We will prepare a preliminary opinion of probable construction cost.
C. CONSTRUCTION DOCUMENTS — We will prepare the following construction documents in sufficient detail for competitive bidding and construction:
Planting Plan and Details — Planting plants will specify all proposed plant material to be installed in the improvement areas. We will provide photos and descriptions of all plant material for review by the city. Details in concurrence with the City of Riverside standards will be provided.
Irrigation Plan and Details — This plan will layout all piping, valve, control equipment, and sprinkler heads for irrigation of the planted areas. The Irrigation Plan will define water RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Understanding of Scope, Approach and Work Plan
10 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
wise irrigation design and equipment including water distribution devices, valves, lines, controllers and all components necessary to operate the irrigation systems. Details in concurrence with the City of Riverside standards will be provided. We will prepare the various required water use estimate calculations, peak demand calculations, watering window calculations and pressure loss calculations.
Soil Management Plan - In accordance with the State of California Model Water Efficient Landscape Ordinance (MWELO) and any City/County specific ordinance we will prepare a Soil Management Plan that will include soil testing after mass grading to identify soil type, texture, infiltration rates and recommendations for soil amendments.
Landscape Maintenance Plan - In accordance with the State of California Model Water Efficient Landscape Ordinance (MWELO) and any City/County specific ordinance we will prepare a Landscape Maintenance plan that will include irrigation schedules, and a regular maintenance schedule.
Specifications — We will prepare notes/specifications identifying types and qualities of materials and methods to be used in construction.
Opinion of Probable Construction Cost — We will prepare an opinion of probable construction cost based upon the construction documents.
D. BIDDING PROCESS
We understand that City, RHA or the architect/engineer will disperse the plans and request bids from the appropriate contractors and will receive bids. We will answer questions and provide clarification as necessary and will assist in the evaluation of the bids received as required.
E. CONSTRUCTION OBSERVATION
RHA will make weekly field observation visits of the project during construction to review construction progress as requested by the City. The City's inspector will provide the day- to-day inspection, organize the meetings and provide construction administration. We will support the City, advising and making recommendations.
1. A pre -construction conference will be conducted to be attended by the City, Design Team, and the contractor along with major subcontractors for the project. All of the requirements regarding the hours of operation during the length of the construction process will be carefully outlined. All of the required contracts, bonds, and insurance will be reviewed with the contractor. Construction schedules as provided by the contractor along with the schedule of values will be reviewed and approved.
2. Weekly to the job sites will be conducted including meetings with the general contractor and the City to ascertain the progress of the project and its compliance with the contract documents. Meeting minutes will be prepared for distribution.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Understanding of Scope, Approach and Work Plan
11 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
3. All necessary drawings/specification clarifications will be prepared to further indicate project requirements.
4. Assistance will be provided for the development of change orders as related to the original scope of work along with the review of contractor submittals including reviewing and approving all cost breakdowns.
5. All submittals provided by the contractor as required in the contract documents will be reviewed and approved including shop drawings, samples, and product data.
Turnaround time for review of submittals will be one (1) week from receipt of submittals in RHA's office.
6. Assistance will be provided as to the appropriateness of all testing and inspection related to the project.
7. Upon completion of the project, a final punch list will be prepared for items to be corrected on the project by the contractor. Assistance will be provided in coordinating all of the required guarantees and operating manuals for all of the components of the irrigation systems.
8. A final inspection of the project at the conclusion of the landscape maintenance period. We will make recommendations for acceptance by the City as appropriate.
9. We will periodically review the as -built drawings in the field and at project completion for accuracy.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Understanding of Scope, Approach and Work Plan
12 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
PROJECT SCHEDULING
We will prepare a detailed project schedule for each project similar to the ones below. The schedule will be updated on a regular basis to ensure all project deadlines are met.
Monte Vista Park Improvements
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RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Project Approachh and Workplan
13 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
REFERENCES
Linda Reich, Director
CITY OF CHINO
Community Services Department
13220 Central Avenue
Chino, CA 91710
Cheryl Ebert, P.E.
CITY OF EL SEGUNDO
401 Sheldon Street
El Segundo, CA 90245
Tina Cherry, Community Services Director
City of Monrovia
Community Services
119 West Palm Avenue
Monrovia, CA 91016
John Martin, Executive Director
KARE YOUTH LEAGUE
5150 Farna Avenue
P.O. Box 662080
Arcadia, CA 91066-2080
Nicole Jones, Projects Manager
CITY OF LANCASTER
Parks, Recreation and Arts Department
44933 Fern Avenue
Lancaster, CA 93534-2461
Pam Yugar, Director
City of Pico Rivera
Department of Parks and Recreation
6767 Passons Blvd.
Pico Rivera CA 90660
Ms. Pamela Galera, Director
CITY OF RIVERSIDE
Parks, Recreation & Community Services Department
6927 Magnolia Avenue
Riverside, California 92506
Linda Cogswell
City of Santa Monica
Architecture Services Division
1685 Main St, Mail Stop 15
Santa Monica, CA 90401
(909) 334-3491
[email protected]
(310) 524-2321
[email protected]
(626) 256-8226
[email protected]
(626) 483-2416
[email protected]
(661) 723-6173
[email protected]
(562) 801-4426
[email protected]
(951) 826-2055
[email protected]
(310) 458-2205 x8728
[email protected]
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
References
14 RFQ No. PW-23-01: On -Call Landscape Architecture & Design Services
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated September 2023, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated September 2023.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from September 28, 2023.
Name of Firm: RHA Landscape Architects Planners, Inc.
By: -Nita
Authorized Signature)
Type Name: Greg Meek
Title: Principal
Date: October 17, 2023
15 TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE NOVEMBER 21, 2023
SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP INC., FOR THE PAVEMENT
MANAGEMENT PLAN REPORT
FISCAL
IMPACT: EXPENSE: $ 24,977.00 AMENDMENT AMOUNT
AVAILABLE BUDGET: $ 165,210.00 FISCAL YEAR 2023-24 CIP BUDGET (109800-6850, JL 24104-6740)
SUMMARY:
On September 11, 2023, the City entered into an agreement with Bucknam Infrastructure Group, Inc. ("Bucknam") to conduct the physical inspection of all the City's streets and prepare the City's biennial 2024 Pavement Management Plan (PMP) and report. Residential streets and arterial streets were last inspected in 2022. The report will summarize the current condition of the City's roadway network, quantify in today's dollars the City's maintenance backlog amount, provide several potential funding scenarios to maintain or improve the overall pavement condition, and serve as a tool to assist the City with planning and budgeting for current and future needed pavement repairs and maintenance.
In addition to the PMP, the City needs to conduct an inventory of all of its street name signs to be replaced as part of the Citywide Wayfinding Signage Program. Bucknam provided a proposal to the City in the amount of $24,977 to survey, inventory, and integrate the data into the City's Geographical Information Systems (GIS). The agreement with Bucknam to complete the PMP was approved by the City Administrator as it was within his administrative approval limit; however, the cost of the added work exceeds his approval limit and is presented to the City Council for its consideration and approval. If approved, Bucknam will conduct the sign inventory at the same time they are driving and inspecting every City street as part of the PMP update.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 1 to the Professional Services Agreement with Bucknam Infrastructure Group for an additional $24,977 to provide additional professional services for a street name sign inventory for a cumulative contract not -to -exceed amount of $64,742; and
1.h.
Nov 21, 2023
City Council Agenda
November 21, 2023
2. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount, or $6,474; and
3. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This Council action conforms to Strategic Planning Goal and Objective 5.8 to implement the Pavement Management Plan and 6.2 to install Citywide wayfinding signage.
DISCUSSION:
On September 11, 2023, the City entered into an agreement with Bucknam Infrastructure Group, Inc. ("Bucknam") in the amount of $39,765 to conduct a physical inspection of all City streets and prepare the City's biennial 2024 Pavement Management Plan (PMP) and report. Residential streets and arterial streets were last inspected in 2022. The report will summarize the current condition of the City's roadway network, quantify in today's dollars the City's maintenance backlog amount, analyze several potential funding scenarios to maintain or improve the City's pavement condition index, and serve as a tool to assist the City with planning and budgeting for current and future needed pavement repairs and maintenance.
In addition to the PMP, the City needs to inventory all of its street name signs with the goal of eventually replacing all street name signs as part of the Citywide Wayfinding Signage Program.
Bucknam provided a proposal to the City in the amount of $24,977 to survey, inventory, and integrate the data into the City's Geographical Information Systems (GIS). Wayfinding signage at key locations throughout a community helps to create unique community branding when announcing a motorist's or pedestrian's arrival at key destinations. Effective community wayfinding signage is a key component to economic development efforts and placemaking and conveys a higher degree of a community's sophistication and investment in its local infrastructure.
Bucknam worked with OCTA in the development of the Countywide Pavement Management Program in 2008 and has met the OCTA's pre -qualified pavement inspection requirements.
Currently, Bucknam is pre -qualified with OCTA through June 30, 2025, and is uniquely qualified to provide relevant and accurate PMP services based upon their ongoing work with OCTA and 21 Orange County cities including Orange, Santa Ana, Huntington Beach, Fullerton, Brea, La Habra, Fountain Valley, and Tustin. In addition, Bucknam prepared the City's 2022 PMP update and during this process provided outstanding service and did a comprehensive analysis of the City's PMP. Collection of right-of-way inventory data such as street name signs and other infrastructure is commonly performed as part of a biennial PMP as the consultant will already be driving every street in the City as part of the pavement inspection process. Staff recommends approval of this amendment based upon the consultant's experience and advanced data collection capabilities.
Staff is recommending amending the existing agreement with Bucknam for an additional amount of $24,977 to complete a citywide inventory of street name signs in preparation for the upcoming wayfinding signage project, which will replace all street name signs with the City Council approved design.
City Council Agenda
November 21, 2023
FISCAL IMPACT:
The recommended action will approve an amendment to the Professional Services Agreement with Bucknam for an additional $24,977 for a cumulative not -to -exceed amount of $64,742. The initial agreement was approved by the City Administrator under his administrative approval authority. 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.
Prepared by:
Reviewed and approved:
Chris Tanio Jennifer L'ampman
Deputy Director of Public Works/City Engineer Director of Finance Review -0 and approved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Damien I7rrula
City Administrator
Attachment:
Amendment No. 1 to Professional Services Agreement with Bucknam Infrastructure Group
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFESSIONAL SERVICES WITH
BUCKNAM INFRASTRUCTURE GROUP, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the November 21st 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and BUCKNAM INFRASTRUCTURE GROUP, 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 11, 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 the cumulative not -to - exceed amount by $64,742.00 for additional street name sign inventory services as part of the pavement management plan.
(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 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Consultant shall be paid in accordance with the fee scheduled set forth in Exhibit "A". Consultant's total compensation shall not exceed Sixty Four Thousand Seven Hundred Forty Two, Dollars ($64,742) over the initial two-year term.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. 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:
Peter Bucknam, President Damien R. Arrula, City Administrator ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK FOR AMENDMENT NO. 1
October 27, 2023
Chris Tanio, PE
Deputy Director of Public Works/City Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Subject: Proposal for Street Name Sign Inventory Services Dear Chris;
It is our pleasure to submit our proposal to assist the City in the proactive management of the City's street name sign inventory program. Bucknam Infrastructure Group, Inc. has identified a proactive and cost efficient method to assist the City in the continued success of your sign program. Our team will focus our high -end sign management expertise and GIS technology to optimize the City's administration of essential infrastructure management programs.
Our services will build a citywide street name sign inventory program through cost -conscience inspections and GIS delivery / support.
By selecting Bucknam Infrastructure Group, Inc., the City of Placentia will continue to receive a strong, knowledgeable, innovative and communicative team with the experience to implement a cost-effective sign inventory. Our handpicked technicians and management professionals are committed to delivering quality services to the City. Mr. Peter Bucknam will represent our firm for this project and can be contacted at 760- 216-6529 (work) 714-501-1024 (cell) or email at [email protected].
In order to streamline project management and work schedules, all work efforts will be conducted through Bucknam Infrastructure's office in Oceanside, CA
Respectfully submitted,
Bucknam Infrastructure Group, Inc.
Peter J. Bucknam
Project Manager / President
B U C K N A IVI 3548 S Oceans"rde,CA 9256
T: (760) 216.6529
www.bucknam-inc.com
INFRASTRUCTURE GROUP, INC
Scope of Work
Street Name Sign Inventory / Management Tasks
TASK 1: Kick-off Meeting
The first step in implementing a successful traffic control device inventory program truly resides in frequent communication and timely scheduled data updates. For the City of Placentia, it will be essential to establish, up front, the Public Works, Traffic and Maintenance management priorities. Our team will set a Project Kickoff meeting to discuss and review the expectations of the project, technical approach and the review of schedule and budget.
This effort will build consensus between the Traffic, Maintenance and Public Works departments as well as build a stronger maintenance / replacement program.
The key topics to be discussed will include the review and assessment of the existing sign data, sign data attributes, recently replaced signs, data quality and condition.
During the project several project status meetings will be held to ensure that the major scope tasks and project schedule are being adhered too.
TASK 2: Conduct Street Name Sign Inventory
Bucknam staff is very familiar with the Placentia street network due to our current support of the City's pavement management program. This familiarity with the network gives our firm the unique ability to immediately set public street surveys in motion.
Definition of Sign Attributes
We have included below the typical street name sign attributes collected during our surveys. Our Project Manager will work with Mr. Chris Tanio in defining what attributes will be collected and associated with each street name sign location. These attributes typically include:
• Street Name Sign Inventory
o Sign ID and # of signs
o Sign text
o Pole ID, Post type, post count, cluster (grouping)
o Street name, cross street, street side
o General sign condition (Poor, Fair, Good)
o Standardized comments (missing sign, bent pole, etc.) The City includes 131 miles of streets that include approximately 2,800 street name signs.
Through our discussions with City staff we have indicated that we will provide the following assessment inventories:
• Perform a Street Name Sign Inventory to ensure data accuracy, reliability and use; o Data collection will include all Street Name Signs only 1-1
Scope of Work
o Verify / Correct existing sign location data (if any) Through the use of our Field Map GIS mobile application we will identify Arterial/Collector and Local signs. All street name sign data becomes property of the City.
Each asset location will be represented with a GPS point based on the assets definition. All captured sign data is captured and exported to ESRI GIS Enterprise software for quality control and review. All data collected can easily be imported into Excel and ESRI based software's such as Field Map, Collector, ArcGIS Online.
Establishment of QA/QC Plan
We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, five (5) percent of the original surveys will be re -assessed by an independent survey crew and the results will be compared to the original surveys.
Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be performed multiple times throughout the survey schedule. This will ensure that all field personnel are properly collecting street name sign attributes and quantities along defined segments. We will make sure that all street name sign assets are projected with the proper coordinate and projection system; the City's street centerline and parcel layer will be used for this effort as well.
It is our understanding the City is currently managing their GIS data through ESRI's ArcMap/ArcGIS Online software, Bucknam will provide the updated street name sign data to the City in the proper format to ensure its validity and use. This will be completed by working with current GIS/IT staff.
TASK 3: GIS Delivery / Integration of Sign Assets
Anytime during the survey efforts and/or once data collection efforts are complete, we will provide our mapping/reporting deliverables to the City for review, comment and approval:
• Citywide Placentia Street Name Map Atlas Book
• Street Name Sign Inventory report (Excel) demonstrating all signs that were located along with their associated attribute data
• Final GIS data for integration within the City's GIS Enterprise 1-2
Scope of Work
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Based upon the City's review of all deliverables and provided comments, Bucknam Infrastructure will provide City staff with final GIS data project file(s) and associated shapefiles for publication within the City's GIS Enterprise.
Deliverable: Complete GIS files/themes based on list above (shapefiles, .mxd and .mpk), data coordination/integration into GIS Enterprise and Street Name Sign Map Atlas book.
TASK 4: Publication of Street Name Sign Inventory within MyRoads° With the incorporation of MyRoads° PMP web -portal through Bucknam's Pavement Management Program services, we will publish finalized street name sign inventory data into the City's MyRoads° account. This will allow users to selected sign assets by zone/district, street name, individually or as a group to identify essential traffic control data.
As the City improves its operational and maintenance
applications, MyRoads° will serve as the go -to asset
identification tool that will quantify and calculate cost - estimates for O&M services/projects. Again, the City currently has access to MyRoads° and will immediately be able to view, query, report and calculate asset data with Bucknam's
1-3
Scope of Work
publication of your traffic control data. Our MyRoads® services are applied annually and are shown within our proposed fee.
Proposed Fee
Bucknam Infrastructure Group, Inc. has included a time and materials, not -to -exceed proposed fee for the City consideration ($24,977). Our fee follows the described tasks shown within the Scope of Work. We have included our Hourly Rate Schedule as well.
Desaiption
inci
Pr pal Project G Senior Field
Admin Total by Teak
Base Fee
Task 1 !Nick -off Meeting / QA QC
• Pro ec' 'r, c Meetm6
Project Sta R.,s Meetings - QA/QC
Task2 i Conduct Street Name Sign Invent s i
Sign nvent_•. i • _ .:900 street name :signs) (collected R 5590 per sign) _.._....
Task 3 !GIS Integration of Sign Assets
! Street Name Sign Inventory G 5 / GPS Management ii 2
Creation and Delivery of Report/Sign Atlas Map Book i ii 8 Task 4 IPubtication of Sign lnventoty within MyRoads•
$295/hr,
$205/hr'. $160/hr` 5155/hr
•
2 Reimbursables (mileage, materials, printing deliverables) j i :Ail deliverables will become property of the City of Placentia iAll Tasks are negotiable
2 $107/hr: $100/hr'
$410
16y_....._....__.�._.__ 52,842
$16520
sl
$106O
Z'r. .._....._. . _. _._. ._._....__ 11_.._.._.._._$1,895 1 51,000
$1250
'__. ... t .. I.__...._.._....._._.._
Additional services outside of this contract willbe negotiated with the City where we will use the Standard Hourly Rate Schedule Notes / Assumptions:
Task 2:G15 parcel, most recent aerel, p'ev ous street name sign data wkli be provided to Bucknam .Task 2: Total sign apprcx,maten of 2,800 may he changed by City, additional signs will alter total base fee 'Task 3: Bucknam assumes C,ty has ESA': ArcMap 10 x i.cense 1 Should the City desire to increase the service level above the task description outlined above for the Task 1 thru 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties.
1-4
Scope of Work
Standard Hourly Rate Schedule
Category
Principal
Senior Project Manager
Infrastructure Management Project Manager
Management Analyst
Project Engineer / Planner
Sr. Engineer / GIS Manager / Sr. Inspector
Assistant Engineer / Sr. Technician / GIS Analyst
CADD Operator
Field Technician
Administrative Assistant
Clerical / Word Processing
Reimbursables
Mileage
Subconsultant Services
Reproduction
Travel & Subsistence
Fees & Permits
Computer Services (External)
Rates Effective 9/1/23
Rate
$ 295
215
205
180
170
160
155
120
107
100
95 $0.75/mile
Cost + 15%
Cost + 15%
Cost + 15%
Cost + 15%
Cost + 15%
i B U C K N A M 3548 Seagate side, Suite 056
Oceanside, Su to
T: (760) 216-6529
INFRASTRUCTURE GROUP,1e www.buckr)am-inc.com
1-5
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE NOVEMBER 21, 2023
PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS
TECHNICAL ASSESSMENTS, LLC., FOR CITYWIDE ASSET MANAGEMENT
PROGRAM AND PURCHASE OF BRIGHTLY ASSET MANAGEMENT
SOFTWARE MODULE
FISCAL
IMPACT: EXPENSE: $119,254.44 PROFESSIONAL SERVICES AGREEMENT S 11,925.44 TOTAL CONTINGENCY AMOUNT
$131,179.88 TOTAL AMOUNT
$ 35,774.53 PURCHASE OF SOFTWARE MODULE
S 3,577.45 TOTAL CONTINGENCY AMOUNT
$ 39,351.98 TOTAL AMOUNT
$170,531.86 GRAND TOTAL AMOUNT
BUDGETED: $171,000.00 TOTAL PROJECT BUDGET
$100,000.00 FY 2023-24 CIP BUDGET (109800-6770
JL#24903-6770)
$ 71,000.00 PROPOSED BUDGET RESOLUTION (799800-6770
JL#24903-6770)
SUMMARY:
Staff prepared a Request for Proposals and solicited competitive proposals from qualified asset management assessment teams for the purpose of developing the City's first comprehensive Asset Management Program (Program). The Program entails a detailed facility condition assessment and preparation of a 10 -year facility capital improvement budget, creation of an asset registry with asset barcoding system, completion of needs and risk assessments, preparation of preventative maintenance plans for all assets and integration of the program into a new asset management software program for Public Works personnel to utilize for the purpose of conducting more proactive maintenance and management of the City's various assets. A total of three (3) proposals for this project were received. A Selection Committee consisting of the Deputy City Administrator, Deputy Director of Community Services, Senior Management Analyst and Public Works Intern reviewed and scored the proposals.
1.i.
Nov 21, 2023
City Council Agenda
November 21, 2023
On February 1, 2022, the City Council approved a Master Subscription Agreement (Agreement) with Brightly Software, Inc. (Brightly), formerly known as Dude Solutions, to purchase and implement SmartGov, a permit tracking/land management software. Since then, the City has sought to purchase and integrate additional work modules from Brightly into the City's operations.
The adopted Fiscal Year (FY) 2023-24 Capital Improvement Program (CIP) Budget includes funding for a Public Works asset management and condition assessment master plan. As part of this project, Staff is recommending the purchase of the Brightly Asset EssentialsTM module, an asset management software to have a computerized inventory of City facility and park assets to strategically schedule proactive maintenance tasks, log repairs, and budget for replacements of critical infrastructure necessary for smooth operations of City services. The new module will work seamlessly with the new Brightly permit tracking system the City recently implemented. The executed, negotiated agreement from Smartgov governs this Asset Essentials purchase. In accordance with the City's purchasing policy section 10D, Staff is proposing to utilize a cooperative agreement competitively solicited through Sourcewell for the purchase of this module.
The recommended actions accept the recommendation of the Selection Committee to award a Professional Services Agreement to Bureau Veritas for a not -to -exceed amount of $119,254.44 to conduct a Citywide Asset Management Program and $35,774.53 to purchase Brightly Asset Essentials TM module for proactive repair and maintenance of all City assets.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Award a Professional Services Agreement to Bureau Veritas for a not -to -exceed amount of $119,254.44 to prepare a Citywide Asset Management Program.
2. Authorize the City Administrator to approve any change orders up to 10% of the contract not -to -exceed amount, or $11,925.44; and
3. Approve a Purchase Order with Brightly Software, Inc., formerly known as Dude Solutions, Inc. ("DSI"), pursuant to Sourcewell procurement contract #090320 -SDI for the purchase of the Brightly Asset Essentials Module TM for $35,774.53; and
4. Authorize the City Administrator to approve any change orders up to 10% of the contract not -to -exceed amount, or $3,577.45; and
5. Adopt Resolution No. R-2023-88, 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
6. 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 21, 2023
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
DISCUSSION:
Asset Management Program
Pursuant to City Council policy direction, Staff has been tasked with creating a Citywide Asset Management Program (Program) which includes a detailed facility condition assessment and capital improvement program. In addition, the Program includes a detailed risk and needs analysis, creation of an asset registry and barcoding system, preparation of preventative maintenance programs for all assets and integration of the Program into a new asset management software program. The software is designed to operate and maintain its facility and park assets more effectively. The City does not currently maintain any registry of its assets, maintenance records or history, asset management software or a routine regularly scheduled preventative maintenance program for its assets. The purpose of the program is to allow the City to effectively address preventative maintenance needs and anticipate maintenance and replacement costs and allocate appropriate funding through the City's Capital Improvement Program Budget. The City last completed a facility condition assessment in 2012 which did not evaluate all City assets in its inventory.
The goal of the City's new Asset Management Program is to shift from reactive maintenance and repairs to proactive planning and management of infrastructure assets through focused Asset Management Plans utilizing asset management software. The Asset Management Program will be centered around a detailed facility condition assessment and will focus on City buildings and facilities such as City Hall and the police station, fire stations, community centers and gyms, restroom buildings, storm water pump stations, the Bradford Pedestrian Bridge and park facilities.
A total of three (3) proposals for this project were received. A Selection Committee consisting of the Deputy City Administrator, Deputy Director of Community Services, Senior Management Analyst and Public Works Intern reviewed the proposals. The following table outlines the combined final scores and rankings:
RANKING
CONSULTANT
TOTAL SCORE
1 Bureau Veritas
333
2 ALPHA Facilities Solutions
307
3 Kayuga Solution
275
Bureau Veritas (BV) was the highest ranked firm based upon their extensive experience in conducting and delivering asset management programs in California as well as their understanding of the City's work scope and the City's vision for this program. BV was the lead consultant that completed the City of Placentia's Planning software implementation in 2022 and are very familiar and experienced in working with Brightly's Asset Essentials module (as recommended below) and have completed numerous similar integrations with other Cities. BV will be responsible for populating the new database and providing the City with a turn -key system ready for end -user training and application.
City Council Agenda
November 21, 2023
In addition, sealed cost proposals were received from each firm which were opened and evaluated at the conclusion of the review process. Consultant cost proposals are based upon hourly rates for each assigned project team member multiplied by the total number of allocated hours by task.
Professional services agreements are awarded based upon qualifications; however, cost proposals are considered only to the extent that the proposed cost is reasonable for the services to be delivered. The cost proposals noted in the table below reflect each consultant's cost to conduct a citywide asset management program:
Consultant
Complete Cost Package
Bureau Veritas
$119,254.44
ALPHA Facilities Solutions
$83,695.69
Kayuga Solution
$261,230.00
Once the BV team was identified as the top -ranked firm, Staff confirmed with BV that the work scope and fee is complete and covers all of the tasks called out in the City's RFP. The scope includes the conduction of a facility condition assessment, asset registry, risk analysis, needs assessment, preventive maintenance program, and the asset management software implementation. It is anticipated the asset management program will be completed within six (6) months of the City issuing BV a Notice to Proceed with this work with the facility condition assessment and list of capital improvements completed by the end of March 2024.
Asset Management Program Software
The Public Works Department currently relies upon service requests submitted through iPlacentia/GoGov, the City's citizen request management software to serve as a quasi -work order system, Staff memory and spreadsheets to manage, track, and maintain assets associated with facilities. The City requires a comprehensive asset management software program to efficiently manage and maintain critical infrastructure asset data. Asset management software also known as a computer maintenance management system (CMMS) is a specialized software system designed to help organizations track, manage, and optimize their assets throughout their Iifecycle.
The software helps organizations maintain an accurate inventory of their assets and schedule and track preventative maintenance tasks, reducing downtime, extending asset Iifecycles, and optimizing maintenance costs. The transition to asset management software will further the City's efforts towards proactive preventative maintenance, streamline work order processing, and reduce costs through efficiencies by improving internal workflows and accurate record keeping.
Asset management software will also provide Staff with accurate information in the field through mobile technology and allow Staff to maintain the City's facilities and parks at optimum levels.
During the implementation process of the City's new SmartGov system currently being used to track and manage building and encroachment permitting, Staff learned from Brightly Software, Inc., formerly known as Dude Solutions, Inc. (DSI), that it offers an asset management software module that can be easily integrated into the City's new system known as Asset EssentialsTM This is a cloud -based work and asset management platform designed for simple and advanced asset and operations management and is geared toward facilities, public works, utilities and related public services. Through this software, users can initiate, assign, and track the progress of maintenance work orders; manage assets and equipment for all properties with advanced mobile and geographic information system (GIS) capabilities; develop advanced workflows with
City Council Agenda
November 21, 2023
preventive maintenance scheduling; leverage Internet of Things (IoT) technology for predictive maintenance; and manage inventory. In addition, Asset EssentialsTM has functionality for document management and reporting and mobile capabilities. The mobile component of the software offers easy -to -use mobile usage for Staff to access, fulfill and include notes on work completed in the field.
Staff recommends that the City Council authorize the purchase and implementation of the Brightly's Asset Essentials TM software through the Sourcewell Cooperative Contract to assist with the development and implementation of a Citywide Asset Management Program. Asset EssentialsTM will allow the City to integrate with the City's existing system of SmartGov under Brightly's enterprise software system and seamlessly integrate the City's GIS database into Asset Essentials which has already been integrated into the main Brightly system.
Staff issued a request for proposals to create the City's first asset management program from qualified firms. If approved, the purchase of Asset Essentials TM will allow Staff to simultaneously work with the selected consultant to create a digital database of the City's asset inventory and setup internal workflows as the City conducts its facility condition assessment and develops the Program. This will reduce the implementation time of the Program and provide Staff with the support needed to setup the new asset management software.
Pursuant to the City's purchasing policy, the City can piggyback off existing competitively bid contracts such as Sourcewell's contract with Brightly for the purchase of public sector software.
The recommended actions authorize the City Administrator to approve the proposal and purchase order with Brightly for the purchase and implementation of Asset Essentials TM FISCAL IMPACT:
The recommended actions will approve an agreement with BV to provide the Asset Management Program for a not -to -exceed contract amount of $119,254.44. The implementation, licensing, and initial purchase costs of Asset EssentialsTM from January 1, 2024, through June 30, 2024, is $34,774.53. If the purchase of this software is approved, Staff will bring forward future subscription renewals for the City Council's consideration and include those costs in the proposed FY 2024- 25 Operating Budget. The grand total cost of the recommended actions amounts to $170,531.86 inclusive of a 10% contract contingency. A total of $100,000 has been budgeted in the FY 2023- 24 CIP Budget to cover the cost. Staff is recommending Resolution R-2023-88 (Attachment 3) to appropriate $71,000 from existing Measure U fund balance to support the cost of the proposed project. Accordingly, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
✓J
Elsa Y. Robinson Jennifer Lampman
Senior Management Analyst Director of Finance
City Council Agenda
November 21, 2023
Reviewed and approved: Reviewed and approved:
r �
Luis Estevez Karen Crocker
Deputy City Administrator
Reviewed and approved:
Damien R. Arrula
Director of Community Services
Attachments:
1. Professional Services Agreement with Bureau Veritas
2. Asset Essentials Proposal
3. Budget Amendment Resolution No. 2023-88
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
THIS AGREEMENT is made and entered into this 21st day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Bureau Veritas Technical Assessments LLC, a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to conduct a facility assessment and an asset management program, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 BUREAU VERITAS LLC
Rev. 08/2017
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One hundred nineteen thousand two hundred fifty-four dollars and forty-four cents ($119,254.44).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such 3 BUREAU VERITAS LLC
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acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on November 21, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for 4 BUREAU VERITAS LLC
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reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to 5 BUREAU VERITAS LLC
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do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in 6 BUREAU VERITAS LLC
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coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non-limitinq. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who 7 BUREAU VERITAS LLC
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shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Bureau Veritas
Assessments LLC
220 Technology Drive
Irvine, CA 92618
Tel: 800-733-0660
Fax: N/A
Attn:
[email protected]
Technical
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8189
Fax: N/A
Attn: Elsa Robinson, Senior
Management Analyst
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governinc Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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6.7. Assicnment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 9 BUREAU VERITAS LLC
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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, 10 BUREAU VERITAS LLC
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associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
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6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk and ex -officio Clerk
of the City of Placentia
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CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Date:
Elsa Robinson, Project Manager
DEPARTMENTAL APPROVAL
Date:
Luis Estevez, Deputy City Administrator
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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BUREAU
VERITAS
November 14, 2023
Via Email: [email protected]
Mr. Luis Estevez
Deputy City Administrator
City of Placentia
401 E Chapman Ave
Placentia, California 92870
RE: City of Placentia; Placentia, California
Proposal No: 165429.23P v2
Dear Mr. Estevez:
We are pleased to provide City of Placentia (hereinafter referred to as "Client") with the following proposal. If accepted, Bureau Veritas Technical Assessments LLC (hereinafter referred to as "BVTA") will perform the services listed below (collectively, the "Services") meeting the specifications hereafter described.
Property(ies
City of Placentia
Placentia, California
Pr000sed Service(s) & Fee(s)
Service(s) Lump Sum Fee(s)
Citywide Asset Management Program
$ 119,254.44
All fees referred to in this document are expressed in US Dollars. Pricing is not inclusive of taxes, If applicable, taxes shall be included at the time of invoicing, payable by the client and remitted by BVTA to the taxing municipality. The proposed fees are limited to the specific Services described in this Proposal, performed according to the requirements of the corresponding ASTM standard practices, or Client -specified Protocols.
Deliverable(s)
The quoted price includes the delivery of:
# of
Report Type
Method of Delivery
26 Draft
Email Full Report (PDF)
26 Final
Email Full Report (PDF)
Unless otherwise specified, BVTA will submit all reports in Final format. Timing for completion of any requested post -delivery modifications to the report will be determined at the time of the request.
If different deliverables are required, please indicate the quantity, type and method of delivery on the Project Authorization page of this proposal.
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 2
11/14/2023
EMMEN
Timing
After engagement, a call will be placed to the designated onsite Point of Contact (POC) provided by the Client in order to schedule the site visit(s). where aaolicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information pertaining to the Site.
Projects Placed on Hold or Cance ec
Should the Client place the awarded project on hold or cancel the engagement after contract execution, the Client agrees to pay project -specific costs incurred by BVTA, such as administrative processing, regulatory database searches and non- recoverable travel fees, as well as a percentage of the project fee, depending upon the time the project is placed on hold or cancelled. Please note that BVTA invoices canceled jobs at the time of cancellation. Jobs on hold will be automatically invoiced 30 days from the date of the hold request. Requests to cancel or place projects on or off hold must be received by BVTA in writing (email acceptable) from the Client. Invoices billed as a result of projects being placed on hold or canceled are fully collectible.
Payment Details
Bureau Veritas will submit a monthly consolidated invoice inclusive of all services performed to date. The per site fee will be established per the schedule of values provided at the program kick-off and invoiced at the billing milestones stated below.
Invoices will be payable within 30 days of receipt:
Billing Milestone Percentage Invoiced
Completion of onsite assessments
45% of per site fee
Delivery of Draft Reports
45% of per site fee
Delivery of Final` Reports
10% of per site fee
*If comments on the Draft reports are not received within 60 calendar days, BVTA will invoice for Final Reports.
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact your BVTA administrator to pay via credit card or to receive wiring instructions. BVTA recommends payment by credit card for amounts less than $1000. Please ensure that Proposal #165429.23P or invoice number is dearly identified on all payments and correspondence for proper credit.
Documents to be Furnishec by Client
In order to facilitate a cursory review of pre-existing documents for each Project, BVTA asks to be furnished with electronic or printed copies of available site information. Such documents may include:
FCA Services:
• Inspection Reports (sewer, boiler, chiller, etc)
• Prior Engineering Reports (CNA, PNA, PCA, etc.)
• Prior Master Plans / Facility Master Plans
• Capital Expenditure Schedules (prior or planned)
• Rehabilitation budget & scope (draft or final)
• Accessibility Transition Plans/Self Evaluations
Note:Documents to be reviewed should be provided to BVTA within five (5) business days and not less than one (1) day prior to the onsite. In the event that documents can only be made available at the Site, BVTA will perform a cursory review during the site visit as time permits. If documents are received after the site visit date, or if the volume of documentation is determined by BVTA to be excessive, then the Project may be subject to additional review fees at the rate of $215.00 per hour.
Any additional review fees will be mutually agreed upon by BVTA and the Client at the time of review request and will be authorized using a Change Order.
• Building Systems Maintenance Records
• Owner Elected Repair list (if available)
• Original Building Plans (can be viewed on -site)
• Fire Protection/Life Safety Plans
• Site Plan/Floor Plans
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
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Terms & Conditions
BVTA will perform its Services subject to the attached "Terms & Conditions", which are incorporated by reference and made a part of this Proposal. Please indicate your acceptance of this Proposal by signing the attached "Project Authorization" page where indicated and return it to BVTA.
Please feel free to contact me at (800) 733-0660 x.7292704, or at [email protected] should you have any questions. BVTA welcomes the opportunity to be of service.
Sincerely,
Bureau Veritas Technical Assessments LLC
Erik Piller
Senior Vice President
Attachments:
Cost Breakdown
Description of Services
Terms & Conditions
Proposed Schedule
Project Authorization
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Cost Breakdown
BUREAU VERITAS FEE BREAKDOWN
HOURS LUMP SUM TOTAL $ 119,254.44
TASK 1 FACILITY CONDITION ASSESSMENT
ONSITE SURVEYS
EXPENSES
TASK 2 ASSET REGISTRY
DATA DEVELOPMENT
INVENTORY
SUB -TOTAL
124 $ 15,560.00
$ 5,661.50
21.5 $ 2,908.65
60 $ 7,500.00
TASK 3 RISK ANALYSIS 57
$ 21,221.50
$ 10,408.65
$ 7,146.50
TASK 4 NEEDS ANALYSIS
PRESERVATION AND RESTORATION PROFILE
REPORTING & LIFE CYCLE ANALYSIS
36 $ 4,720.00
441 $ 54,238.50
TASK 5 PREVENTATIVE MAINTENANCE PROGRAM 34.8
$ 58,958.50
$ 4,696.94
TASK 6 ASSET MANAGEMENT SOFTWARE SYSTEM
$ 8,652.35
MIGRATION TO ASSET ESSENTIALS
ASSET TAGGING/ BARCODING
BARCODE LABELS
TASK 7 REPORT AND PRESENTATION
12 + 0.02/SF
27.5 QTY 2000 @ 0.7700
3,816.94
3,295.41
1,540.00
$ 8,170.00
2023/2
MEETINGS / PRESENTATIONS
EXPENSES
47.5 $ 6,170.00
$ 2,000.00
Hourly Rates
Team Role
Hourly Rate ($)
Project Executive
$190.00
Program Manager
$140.00
Project Manager I /Assessor
$120.00
Project Manager II / Assessor/ CASp
$130.00
Quality Control Manager
$135.00
Technical Report Reviewer
$115.00
Administrative
$80.00
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Description of Services
3.6 PROJECT UNDERSTANDING AND APPROACH
PROJECT UNDERSTANDING
Bureau Veritas understands that the City of Placentia's (City) project for Citywide Asset Management Program services will include:
• Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components.
• Identify and document the present condition of all physical assets including grounds, facilities, and infrastructure.
• Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
• Establish anticipated renewal and replacement costs for the various systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Collect Equipment Inventory and nameplate data for Client properties. • Establish a protocol for FCA data to migrate/transfer to a CMMS/IWMS system. • Prepare a Preventative Maintenance Plan for assets to be uploaded to CMMS system. • Affix QR code/Barcode labels to assets.
We understand that a keyfactorto performing FCAs and Inventory Assessments is the evaluation of physical needs and accurate forecasting for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly.
PROJECT APPROACH
PROJECT PHASES
Our project plan details three distinct phases of the project. During each phase, we will require coordination and support from the City's facility management.
Data Gathering Phase — Bureau Veritas will need the support of staff who can provide us access to drawings and records. The following is a typical list of exhibits requested. • Inspection reports (sewer, boiler, chiller, etc.)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
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• Original building plans (can be viewed on -site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan /floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set
In addition to the drawings and records, we will supply a pre -survey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and operations of the facility will complete this survey and be prepared to discuss it with us while on -site.
Site Phase — Bureau Veritas will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.
Report Review Stage - Bureau Veritas will provide a complete deliverable for each building.
Bureau Veritas will become familiar with the City's existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.
Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and pre - approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.
3.7 SCOPE OF WORK
TASK 1: FACILITY CONDITION ASSESSMENT
The Facility Condition Assessment (FCA) for the City will include the following elements.
TECHNICAL APPROACH
Prior to assessments beginning, Bureau Veritas will conduct a Kick -Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.
During the term of the project, Bureau Veritas will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. Bureau Veritas will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. Bureau Veritas will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.
Bureau Veritas has allocated time for regular teleconference meetings and the following meetings: Kick -Off Meeting, Pilot Review Meeting, a Final Findings Presentation meeting, and 2 City Council meetings. Any additional in -person meetings will be on a time and expense basis, BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
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Pilot Program
To begin the work, Bureau Veritas proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with the City staff to review the draft report before assessing the remaining buildings. Bureau Veritas' Assessment Team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction documents in order to become familiar with, and be able to comment on the in -place construction systems, life safety, mechanical, electrical and plumbing systems, and the general built environment.
Field Assessments
The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.
As a part of the walk-through survey, the Team will survey 100% of each facility. Bureau Veritas will survey the exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property's historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated.
The Team may also question others who are knowledgeable of the property's physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property.
The Assessment Team will review documents and information provided by the City's maintenance staff that could aid the knowledge of the property's physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.
The facility condition assessment will include the City identified assets and will focus on the following facility and site systems and components:
Site + Infrastructure
• Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. • Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.
Recreational Facilities
• Identify any material on -site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported.
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Structural Frame + Building Envelope
• Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain -wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement.
• In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2).
Wall Evaluation
• Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues.
Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points.
• Review provided drawings and records of repair, replacement, and maintenance of framing and glazing.
Roofing (Non -Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment.
• Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported.
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• Bureau Veritas understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, Bureau Veritas can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas.
Plumbing
• Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies.
Heating
• Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies.
Air -Conditioning + Ventilation
• Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and return, make-up air, exhaust) at the property. • Observe general conditions, identify equipment reported age, note past material component upgrades/replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies.
Electrical
• Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems.
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• Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection).
• Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies.
Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies.
Elevators + Vertical Transportation
• Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. • Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/escalator pits or shafts.
Interior Elements
• Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc.
Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. Bureau Veritas will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported.
Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement.
Special Systems and Equipment
• Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems.
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amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.
Bureau Veritas can rate the condition of each facility with the below rating system, or another City -specified scale:
5 Excellent - No visible defects, new or near new condition, may still be under warranty if applicable 4 Good - Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal - Defective or deteriorated in need of replacement; exceeded useful life 1 Poor - Critically damaged or in need of immediate repair; well past useful life Bureau Veritas can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time -based urgencies, and other mission critical factors. The analysis will include all cost observations ranked by Priority Classes.
The five classes below are typical but can be altered to meet your specifications and needs:
Priority Classes
The analysis will include all cost observations be ranked by Priority Classes. The five classes to the right are typical but can be altered to meet your specifications and needs.
Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation.
Potentially Critical (Years 1-2): Requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation.
Necessary —Not Yet Critical (Years 3-5): Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further.
Recommended (Years 6-10; Years 15-20) Representing a sensibile improvement to the existing conditions (not required forthe most basic function of the facility; however, will improve overall usability and/or reduce long-term maintenance costs.
Does Not Meet Current Code ("Grandfathered"): No Action required at this time but should substantial work be undertaken correction would be required.
Deficiency Categories/Plan Types
Each deficiency identified in the Assessment shall be classified in the following manner (or other City defined' categories):
Category 1- Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to maintain and preserve the condition.
Category 2 - Deferred Maintenance: Maintenance that was not performed when it was scheduled or is past its useful life resulting in immediate repair or replacement.
Category 3 - Capital Renewal: Planned replacement of buildingsystemsthat have reached the end of their useful life.
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Category 4 - Energy and Sustainability: When the repair or replacement of equipment or systems are recommended to improve energy and sustainability performance.
Category 5 - Security: When a system requires replacement due to a security risk or requirement.
Uniformat Categories
The deficiencies observed will be classified into categories such as those below using the Uniformat System (up to Level 4):
Level 2
A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
COST ESTIMATING
Bureau Veritas' cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by Bureau Veritas, based on historical and localized actual costs. Bureau Veritas maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in -progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means' models.
Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel -based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.
A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at City's option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects.
After determining these costs, we will confirm these costs with your staff.
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REPORT DELIVERABLES
Bureau Veritas will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life -cycle replacements, and applicable options for repair or maintenance of building components.
The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.
The format of the database will allow for reporting by building, system, or priority for repair, and a year -by -year analysis of capital needs.
Facility Condition Index
A Facility Condition Index will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The Facility Condition Index will be generated from the data collection/capital planning database and will be updated as components age or are replaced.
Capital Plan
Reports will reflect a 5, 10, or 20 -year capital plan based on Bureau Veritas' 20 -year building system evaluation.
The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year -by -year capital needs analysis. The report will include:
• An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property's observed condition and estimated costs assigned by category. These estimated costs shall be cross-referenced to report sections where an elaboration of cost issues will be presented. • Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry -standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract. Bureau Veritas shall also inquire about available maintenance records and procedures and interview current available on -site maintenance staff. • Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis. • Facility Condition Index (FCI) number for the building.
Bureau Veritas will submit draft reports electronically via PDF format and once approved and finalized, a program summary report is provided to include a roll -up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.
Program -wide Report
In addition to each building report, Bureau Veritas will develop a program -wide report that includes a ranked system -wide Capital Plan for all facilities with programmatic conclusions and recommendations. The report includes a brief narrative description of each facility/building component and system, and discusses the current and anticipated repairs and deficiencies of all buildings assessed. The report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year -by -year analysis of capital needs.
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TASK 2: ASSET REGISTRY
EQUIPMENT AND ASSET INVENTORY
Bureau Veritas will prepare an asset registry, or inventory, of publicly owned and maintained assets and facilities.
This will include levels of service for each asset class.
During the assessment, each field team will be responsible for collection and storing the inventory and condition assessment data in an electronic format that is readily transferable to the City's CMMS system.
Bureau Veritas will collect information on the major pieces of facility equipment. Specifically, the data collection will include City -defined assets, and also focus on the following components:
• HVAC (level of detail for which Preventive Maintenance would be performed) o Heating System
• Identify boilers, furnaces, unit heaters and major labeled equipment o Ventilation System
• Identify the major labeled equipment; exhaust hoods, fans o Air Conditioning System
• Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, and thermostatic controls.
• Electrical
o Major panels only -for identification to track maintenance o Transformers
o Switchgear
• Equipment
o Building Automation System
• Plumbing
o Pumps external to HVAC systems
o Domestic Hot Water heaters over 80 gallons
o Other major labeled equipment
• Commercial Kitchen - major equipment (above approximately $2000 value) o Walk-in freezer and refrigerator equipment
o Ovens, stoves, broilers, grills
o Reach -in refrigerators and freezers
o Dishwashers
o Fryers
• Life Safety/Security
o High Level (system level) only -for identification to track maintenance • Alarm Panels
■ Emergency generators
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EVEIELIEll
■ Exhaust hood fire suppression
• Vertical Transportation
Where appropriate, the following data will be collected for each component:
• Location data
• Model
• Serial Number
• Manufacturer
• Manufactured Date
As part of Task 2, Bureau Veritas will perform the following:
• Conduct an Asset Inventory Assessment
• Photograph all visible assets and record their GPS coordinates. • Prepare a field assessment conditions report for each asset type. • Assist the City in developing, organizing, categorizing, and analyzing the City's Asset Register.
CMMS INTEGRATION WITH BRIGHTLY
Bureau Veritas will collect and store all information in our SQL database. Our database allows us to routinely update and run reports for the City after the initial assessment is complete. This system also allows us to export the City's FCA data into existing or future CMMS work order platforms. Bureau Veritas has performed over 1,900 integrations with the Brightly platform. BV will work with Brightly to set up the CMMS platform.
TASK 3: RISK ANALYSIS
Bureau Veritas will prepare a Risk Analysis report to help the City understand the potential level of risks associated with Citywide assets.
As part of Task 3, Bureau Veritas will perform the following:
• Develop a condition assessment methodology and a scoring rubric that assigns a condition value to each Asset Class.
• Assign a value for each Asset Class summarizing the probability of failure, and consequence of failure. • Perform a Risk Analysis Report that considers the probability of failure and and the consequence of failure and level of risk for each Asset Class.
TASK 4: NEEDS ANALYSIS
Bureau Veritas will provide a summary report as part of the 10 -year CIP for the City. The report will document:
the list of assets,
• asset condition,
• and needs to bring each asset up to current industry standards.
The report will highlight assets in poor or failed condition, as well as other maintenance, safety, or compliance needs. The report will also include estimated replacement costs of assets in poor condition, and/or costs to bring asset into compliance.
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As part of Task 4, Bureau Veritas will perform the following:
• Develop and rank the City's needs for replacement and rehabilitation for each asset over the next five (5) years.
• Identify risks that can be mitigated for each Asset Class through maintenance and rehabilitation, and calculate the total projected value of those mitigations. • Prepare a summarization that estimates future financial needs for managingthe City's assets. • Prepare a life cycle cost analysis over a 10, 20, 30, and 100 -year cycle that identifies the maintenance and replacement needs and associated costs for all Asset Classes based on the assumed risks. • Prepare a summary Needs Report that categorizes and identifies needs and life -cycle analysis, including missing equipment.
TASK 5: ASSET MANAGEMENT PLANS / PMP
Bureau Veritas will prepare an Asset Management and Preventive Maintenance Plan (Plan) for each facility based on GSA Standard, Corp of Civil Engineers Standards, Industry Standards and original Equipment Manufacturers' recommendations.
The intent of the Plan will be to identify required procedures and inspections required to maintain and extend the useful life of existing equipment. Bureau Veritas will consult with the Client to develop equipment naming conventions and to discuss options where appropriate.
The Plan will be delivered in a format for upload to the Brightly CMMS platform. The following is meantto establish details of the deliverable that Bureau Veritas will provide in the Plan:
• Inventory data collection, tagging of equipment and naming conventions will be established during the data collection phase of the project.
• The inventory will obtain major component level detail. • The deliverable for this phase of the project will include a narrative introduction, a table for each building with equipment, recommended preventive maintenance routines, frequencies and time requirements. • Bureau Veritas will develop an export of the data customized for upload into the selected Maintenance Management software system.
• The preventive maintenance plan will be prepared following completion of field data collection and final entries into the client's database.
• During data collection phase Bureau Veritas will determine Equipment nomenclature to be used (Air Handling Unit (AHU), Unit Ventilator (UV) etc.), as directed by the client. • During the data collection and equipment inventory stage, Bureau Veritas will determine equipment schemes (Groups, Classifications, and Types) to be used. Conduct a meeting with the client to review individual equipment maintenance schedules (by wing, equipment type, etc). • During data collection phase Bureau Veritas will gather and record equipment locations and types through visual, on -site, walkthrough and referencing facility documentation obtained from the Owner (excludes equipment in concealed spaces, crawl spaces or other inaccessible areas). • Develop maintenance procedures referencing manufactures' printed recommendations and/or industry standards for facility equipment.
• Maintenance procedures will include:
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 18
11/14/2023
o Safety Points
o Start Up Procedures
o Appropriate tools required.
o Time to complete maintenance.
o Industry standards time to complete each maintenance work order. o Life expectance of equipment.
o Step-by-step procedure to complete maintenance work order.
Bureau Veritas has completed over 180 projects in the last year, including state and local government entities, which included the upload of preventive maintenance tasks and procedures to a work order system. We have done over 150 projects uploading data to the Brightly platform.
TASK 6: ASSET MANAGEMENT SOFTWARE
Bureau Veritas has worked with Brightly CMMS extensively, and is a trusted partner of Brightly. Bureau Veritas and Brightly have partnered on many projects, including projects for similar services for cities, counties, and school districts; just to name a few.
As part of Task 6, Bureau Veritas will perform the following:
• Populate and set up the new database.
• Work with Brightly on setting up the entire system with City staff input. • Provide Brightly data in CSV file format, or our custom Brightly API.
TASK 6.1 EQUIPMENT INVENTORY BARCODING
For the above referenced equipment, Bureau Veritas will apply a durable barcode / QR code/asset tag with a unique number for use as an identifier in the CMMS system. We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system.
The cost of Barcoding/ QR coding assumes that we will tag equipment during the FCA process.
As part of Task 6.1, Bureau Veritas will perform the following:
• Generate barcode tags per asset.
• Affix barcodes to assets according to RFP requirements. • Unique barcode identifier will be imported into the City's CMMS.
TASK 7: REPORT & PRESENTATION
Bureau Veritas will present the completed Asset Management Program and software system to City staff, and the City Council.
As part of Task 7, Bureau Veritas will perform the following:
• Three (3) meetings/presentations with City Staff.
• Two (2) meetings with the City Council.
w/
MIMEO
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 19
11/14/2023
Terms & Conditions
Bureau Veritas Technical Assessments LLC will refer to the terms and conditions outlined in the City's Professional Standard Agreement.
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BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 I WWW.BVNA.COM
165429.23P, p. 20
11/14/2023
Project Authorization
To contract with BVTA for this project, please review and edit the information below, sign, and return the entire agreement to BVTA.
C lent Contact & Report Ac c ressee:
Mr. Luis Estevez
City of Placentia
401E Chapman Ave
Placentia, California 92870
Phone: (714) 993-8148
Email: [email protected]
Project Information:
Property Name: City of Placentia
City/County: Placentia, Orange
Builcing nformation;
Type of Project: Government- Essential Facilities
Report & Invoke Recipient:
Mr. Luis Estevez
City of Placentia
401 E Chapman Ave
Placentia, California 92870
Address: 34 Buildings
State/Zip: California
Service(s)
Lump Sum Fee(s)
Citywide Asset Management Program
$ 119,254.44
# of Reports
Report Type
Delivery Method
26 Draft
Email Full Report (PDF)
26 Final
Email Full Report (PDF)
Electronic Report Deliverables: BVTA's standard electronic delivery is through automated email links to our reports. If you prefer an alternate delivery method, please select one of our options listed below:
D Dropbox'
❑ Posted to BVTA Website
❑ Posted to Your Website
Site Point of Contact: (the POC shall be deemed an agent of the client for providing access and conveying site data) POC:
POC Phone:
POC E-mail:
POC Cell:
I have read and verified the accuracy of the information set forth above, and in Proposal No. 165429.23P, including the legal name of the Client. I hereby certify that I am an employee authorized to sign this contract on behalf of the Client, and by my signature below I hereby accept the Proposal, as addressed to my company, including the attached Terms and Conditions, and authorize BVTA to proceed with the Services as described. Should any project information change, I understand that additional fees may accrue, and the due date may be extended.
Authorized Signature
(Printed Name)
Phone #
Company Name
Title
Date
BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 P 800.733.0660 WWW.BVNA.COM
'4� �® CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
11109/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services Northeast, Inc.
Risk Services Northeast, Inc.
NY NY Offi ce
One Liberty Plaza
165 Broadway, Suite 3201
CONTACT
NAME:
PHOAon
(A/CNNo. EXt): 866-283-7122 (AIC. (800) 363-0105
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC It
INSURED
Bureau veritas Technical Assessments LLC
6021 University Blvd. Stes. 200-210
Ellicott City MD 21043 USA
INSURER A: Allianz Global Risks US Insurance Co.
35300
INSURER B: Hartford Fire Insurance CO.
19682
INSURER c: Trumbull Insurance Company
27120
INSURER D:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER:
570102648250
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR
LTR
TYPE OF INSURANCE
ADOL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
IMWDD I
POLICY EXP
IMMIDD/YYYYI
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
U5L00159323
01/01/2023
01/01/2024
EACH OCCURRENCE
$2,000,000
CLAIMS -MADE X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)
$10,000
PERSONAL & ADV INJURY
$2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$2,000,000
POLICY
X
PRO -X LOC
JECT
PRODUCTS - COMP/OPAGG
$2,000,000
OTHER:
a
AUTOMOBILE LIABILITY
10 AB 541202
AOS
01/01/2023
01/01/2024
COMBINED SINGLE LIMIT
(Ea accident)
$2,000,000
X
ANY AUTO
BODILY INJURY ( Per person)
OWNED
SCHEDULED
BODILY INJURY (Per accident)
AUTOS ONLY
HIRED AUTOS
ONLY
NON -OWNED
AUTOS ONLY
PROPERTY DAMAGE
{Per accident)
A
X
UMBRELLA LIAB
X
OCCUR
USL00163323
01/01/2023
01/01/2024
EACH OCCURRENCE
$1,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$1,000,000
DED X RETENTION 810 000
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
10wNS41200
See State
01/01/2023
01/01/2024
X PER STATUTE
OTH-
ER
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Y/N
N
N / A
Policy Addendum
E.L. EACH ACCIDENT
$1,000,000
(Mandatory in NH)
II describe
-
E.L. DISEASE -EA EMPLOYEE
$1,000,000
yes, under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
A
Architects & Engineers
Professional
USF00248023
Claims Made
SIR applies per policy terns
01/01/2023
& conditions
01/01/2024
Each Claim
Aggregate
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached it more apace is required) Evidence of insurance. The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. Certificate Holder, The City of Placentia and its elected and, appointed boards, officers, agents, employees, and volunteers are additional, insureds with respect to: liability arising, out of activites performed by or on behalf of, the Consultant pursuant to its contract with, the City; products and completed operations, of the consultant; premises owned, occupied, or used by the consultant; automobiles owned and leased, hired, or borrowed by the Consultant. are included as Additional Insured in accordance with the policy provisions of the General Liability Coverage & Business Auto Coverage policy.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman
Placentia CA 92870 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Holder Identifier :
570102648250
Certificate No :
AUTHORIZED REPRESENTATIVE
&4a. i���iGt�reted c//
ACORD 25 (2016/03)
©1988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 570000048582
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk Services Northeast, Inc.
NAMED INSURED
Bureau Veritas Technical Assessments LLC
POLICY NUMBER
See Certificate Number: 570102648250
CARRIER
See Certificate Number: 570102648250
NAIC CODE
EFFECTIVE WE
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers Compensation/Employers Liability
l0WNS41200 01/01/23-01/01/24 Trumbull Insurance AR,DC,IN,LA,NE,RI,UT l0WNS41200 01/01/23-01/01/24 Twin City Fire Insurance Company FL,ND,OH,WA,WY l0WNS41200 01/01/23-01/01/24 Hartford Insurance Company of the Midwest AK,ID l0WNS41200 01/01/23-01/01/24 Hartford Casualty Insurance Company MO,WV l0WNS41200 01/01/23-01/01/24 Nutmeg Insurance Company CT,IL l0WNS41200 01/01/23-01/01/24 Hartford Fire Insurance Company NH,OR,PA 10wN541200 01/01/23-01/01/24 Hartford Accident and Indemnity Company AL,GA,KY,MI,MT,NY,TN,VT 10WN541200 01/01/23-01/01/24 Property & Casualty Ins Co of Hartford CA,CO,DE,ME, MN,MS,SC 10WN541200 01/01/23-01/01/24 Hartford Insurance Company of Illinois TX l0WNS41200 01/01/23-01/01/24 Hartford Insurance Company of the Southeast KS,MD l0WNS41200 01/01/23-01/01/24 Hartford Underwriters Insurance Company AZ,HI, NC,NJ,SD,VA l0WNS41200 01/01/23-01/01/24 Sentinel Insurance Company, Limited IA,NM,NV,OK l0WBRS41201 01/01/23-01/01/24 Twin City Fire Insurance Company WI l0WBRS41201 01/01/23-01/01/24 Hartford Underwriters Insurance Company MA lOwBR5412O1 01/01/23-01/01/24 Hartford Fire Insurance Company PR ACORD 101 (200B/01)
The ACORD name and logo are registered marks of ACORD
© 2000 ACORD CORPORATION. All rights reserved.
10AB41202 COMMERCIAL AUTOMOBILE
Effective 01/01/2023- 01/01/2024
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
Form HA 99 16 12 21
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a
driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for
"bodily injury" or "property damage"
caused by the conduct of an "insured"
under paragraphs a. or b. of Who Is An
Insured with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
g.
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(c) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3)
Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
2. Primary and Non -Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in A.1.g. - Additional
Insured If Required by Contract, the
following provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(2} Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to
defend the insured against that "suit". If no
other insurer defends, we will undertake to
do so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.
3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The SECTION IV- Business Auto Conditions, B.
General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee's" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the
"employee's" personal insurance.
Form HA 99 16 12 21
4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss"
caused by fire or lightning. Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will
provide coverage equal to the broadest
coverage applicable to any covered "auto" you
own.
(3)
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
6. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan
or lease; and carry-over balances from previous
loans or leases.
8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION I I I - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
9. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1)
Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage,
Limit of Insurance, Paragraph C.2. is
amended to add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment) that
reproduces, receives or transmits audio,
visual or data signals which, at the time of
"loss", is:
(3)
Form HA 99 16 12 21 Page 3 of 5
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the
installation of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250,
whichever deductible is less.
10. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
I I I - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
13. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an "accident" applies only when the
"accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
15. HIRED AUTO - COVERAGE TERRITORY
SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY -
is added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of
SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
Form HA 99 16 12 21
19. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%,
to a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement
cost, whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed
a total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto
that uses only an internal combustion engine
to move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
Form HA 99 16 12 21
10AB41202
Effective 01/01/2023- 01/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder(s) with mailing addresses on file with the
agent of record. Such notice will be provided
within 30 days of the Company's receipt of
certificate holder(s) information from the agent of
record.
If notice is mailed, proof of mailing to the last
known mailing address of the certificate holder(s)
on file with the agent of record will be sufficient
proof of notice.
Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
Form IH 03 10 06 11
© 2011, The Hartford
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 10 WN S41200 Endorsement Number:
Effective Date:01/o1/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: BUREAU VERITAS HOLDINGS, INC. 1601 SAWGRASS CORPORATE PKWAY
SUITE 400
FORT LAUDERDALE, FL 33323
If this policy is cancelled by the Company, other than
for non-payment of premium, notice of such
cancellation will be provided to the certificate
holder(s) with mailing addresses on file with the
agent of record. Such notice will be provided within
30 days of the Company's receipt of certificate
holder(s) information from the agent of record.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file
with the agent of record will be sufficient proof of
notice.
Form WC 99 03 98 Printed in U.S.A.
Process Date:
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of insurance applicable to this
policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
Policy Expiration Date:
© 2011, The Hartford
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 10 WN S41200 Endorsement Number:
Effective Date:ol/o1/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: BUREAU VERITAS HOLDINGS, INC. 1601 SAWGRASS CORPORATE PKWAY
SUITE 400
FORT LAUDERDALE, FL 33323
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedu(e.
SCHEDULE
ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US.
Countersigned by
01444 ce Authorized
Form WC 00 03 13 Printed in U.S.A.
Process Date: Policy Expiration Date:
se
PREPARED FOR
City Of Placentia ("Subscriber")
401 E Chapman Ave
Placentia, CA 92870
PREPARED BY
Brightly Software Inc ("Company")
11000 Regency Parkway, Suite 300
Cary, NC 27518
Dude Solutions is now Brightly. Same world -class software, new look and feel.
Meet Brightly at brightlysoftware.com
PUBLISHED ON
October 10, 2023
1 is
Q-382920
Sourcewell/NJPA purchasing contract
https://www . sourcewell-mn. gov/cooperative-purchasing/090320-sdi#tab-contract- documents ( https://www . source well-mn.gov/cooperative-purchasing/090320-sdi#tab- contract-documents, .
• Contract #090320 -SDI
Subscription Term: 18 months (01/01/2024 - 06/30/2025)
Cloud Services
Item
Start Date
End Date
PricingBased
OAsset
Investment
Essentials
Enterprise
1/1/2024
6/30/2024
51,789.00
Population
25,816.69 USD
- Asset Essentials
Inventory
1/1/2024
6/30/2024
Included
- Facilities/Physical
Plant Module
1/1/2024
6/30/2024
Included
- Streets/Signs/
Sidewalks Module
1/1/2024
6/30/2024
Included
- Storm Water
Module
1/1/2024
6/30/2024
Included
- Water
Distribution and
Waste Water
Collection Module
1/1/2024
6/30/2024
Included
- Sanitation
Module
1/1/2024
6/30/2024
Included
- Parks,
Recreation and
Forestry Module
1/1/2024
6/30/2024
Included
Fleet Module
1/1/2024
6/30/2024
Included
Dude Analytics
1/1/2024
6/30/2024
Included
2 Cloud Services
Item
Start Date
End Date
PricingBased
OAE
Investment
Safety
1/1/2024
6/30/2024
Included
- GIS Asset
Management
1/1/2024
6/30/2024
Included
- Predictor
Facilities/Physical
Plant
1/1/2024
6/30/2024
Included
Capital Predictor
Enterprise
1/1/2024
6/30/2024
109,847.00 Sq.
Ft.
2,389.75 USD
Asset Essentials
Enterprise -
Connector Toolkit
1/1/2024
6/30/2024
4.00 Users
677.60 USD
4.0 Month(s) included at no additional
cost on the first term 01/01/
2024 - 04/30/2024
-19,203.13 USD
Subtotal: 9,680.91 USD
Professional Services
Item
Pricing Based On
Investment
Asset Essentials Enterprise
Implementation with
Consulting
51,789.00 Population
7,449.52 USD
Enterprise Project
Management
One -Time
7,821.60 USD
Capital Predictor Enterprise
Implementation
One -Time
10,224.00 USD
Asset Essentials Connector
Toolkit Training
1.00 Da (s)
Day(s)
USD
Subtotal: 26,093.62 USD
3 1.
Total Initial Investment
35,774.53 USD
4 .6
Cloud Services
Item
Investment Year 2 Start Date: 07/01/
2024
Asset Essentials Enterprise
54,731.38 USD
- Asset Essentials Inventory
Included
- Facilities/Physical Plant Module
Included
- Streets/Signs/Sidewalks Module
Included
- Storm Water Module
Included
- Water Distribution and Waste Water
Collection Module
Included
- Sanitation Module
Included
- Parks, Recreation and Forestry Module
Included
- Fleet Module
Included
- Dude Analytics
Included
- AE Safety
Included
- GIS Asset Management
Included
- Predictor Facilities/Physical Plant
Included
Capital Predictor Enterprise
5,066.27 USD
Asset Essentials Enterprise - Connector Toolkit
1,436.51 USD
Total:
61,234.16 USD
Asset Essentials Implementation with
Consulting
GIS Rider Statement of Work
5 Summary:
Company will provide specified professional consulting services to Subscriber to implement Asset Essentials, an on-line Computerized Maintenance Management System - Geographic Information System (GIS) functionality.
These professional services include meeting with key stakeholders to ensure the set-up and configuration of the system will meet the client's operational needs; location and category hierarchies are configured appropriately; workflows meet the needs of the business; available data is cleaned, aligned and imported; and end users are trained and ready for go -live.
In Scope: The Deliverables below will be considered in scope of this SOW
1. Asset Essentials GIS Implementation
2. Asset Essentials GIS Training
Deliverables:
• Project initiation and discovery
• Available GIS data loaded
• GIS configuration
• User acceptance testing (UAT)
• End User training for Administrator and Full User roles Acceptance Process:
As each deliverable is completed, the Project Coordinator will confirm with the Subscriber and document acceptance in the Project Community Portal.
• Project initiation and discovery
• Kickoff call complete.
• Discovery call complete
• Data, configuration, and training requirements documented. • Available Data Loaded
• Available GIS data is loaded in AE to meet documented data requirements. • Account Configuration
• GIS features have been setup and configured to meet documented configuration requirements. • User Acceptance Testing
• Consultant -led end -to -end walkthrough and client UAT has demonstrated functionality satisfying configuration requirements.
• End User Training
• Administrator and Full User roles have been received training on their role.
Assumptions:
6 Subscriber Assumptions:
• There will be a single point of contact/project manager for the duration of the project. • IT department is responsible for ensuring access to mobile devices, internet connections, email access, and web link access to the software such as white listing IP addresses. • The appropriate resources will be available for all scheduled activities. Canceling or rescheduling consulting activities within 2 weeks of the scheduled activity may result in a rescheduling fee being assessed.
• For on -site activities, Subscriber will provide a dedicated space with adequate technology, including but not limited to monitor/projector, computers, mobile devices, quality phone and internet connections. • Will provide relevant data to be loaded in a timely manner and in Excel or CSV format. Each record type will be provided in one file with one sheet with column headings and one record with corresponding attributes per row.
• If unable to provide data in an acceptable format for import, Consultant will guide Subscriber on how to manually create records.
• Subscriber has up to five business days to confirm deliverable acceptance. No response will be interpreted as acceptance.
Company Assumptions:
• Consultant will not access any 3rd party systems for the purpose of exporting data. • For on -site activities, Company will bill Subscriber for actual travel and associated expenses incurred. • Any services not explicitly included in this SOW are assumed to be out of scope.
Project Schedule:
• Kick-off Call with Project Coordinator
Confirm software and services purchased
Identify key stakeholders
• Assign resources
• Schedule key milestone dates, including anticipated projected completion date • Access to Company's on-line Learning Management System • Access to an interactive project plan
• Discovery with Consultant
Interview key stakeholders to understand specific maintenance & operations objectives Overview of AE with key stakeholders, including data import requirements • Determine optimal GIS configuration to meet objectives and drive KPIs • Document data, configuration, and training requirements Schedule required consulting activities and confirm projected completion date • Data loaded by Consultant
• Review, cleanse, and load available GIS data
Account configuration by Consultant
• Work Order creation from Map
• Citizen Portal
7 • Mobile Profiles
• Configure GIS Map settings
• Configure GIS Layer configuration
• Asset syncing
• User Acceptance Testing
• Configuration demo to walk through the end -to -end workflow from request to completion • Demonstrate key functionality meets configuration requirements • Consultant conducts End User Training for Administrator and Full User roles • End -to -end walkthrough for their role
• Desktop and mobile training
• Project Close
Change Management:
Subscriber may request that the Company add services not in the specifications by submitting a written proposed change order to the Company. Submitted change requests will be reviewed for approval. Approved change orders will become part of the applicable SOW when executed by both Parties, and the services described therein will become part of the services.
Invoicing:
At the conclusion of Go Live Support, the main consulting milestone will be completed to trigger billing for the full consulting service.
Asset Essentials Implementation with
Consulting Statement of Work
Summary:
Company will provide specified professional consulting services to Subscriber to implement Asset Essentials (AE), an on-line Computerized Maintenance Management System. These professional services include meeting with key stakeholders to ensure the set-up and configuration of the system will meet the client's operational needs; location and category hierarchies are configured appropriately; workflows meet the needs of the business; available data is cleaned, aligned and imported; and end users are trained and ready for go -live.
In Scope: The Deliverables below will be considered in scope of this SOW:
1. Asset Essentials Implementation with Consulting
2. Asset Essentials Training
3. Post Consulting Go -Live Support
8 Deliverables:
• Project initiation and discovery
• Available location, asset, user, PM schedule Data Loaded • Account configuration
• User acceptance testing (UAT)
• End User training for Administrator and Full User roles • Go -Live support
Acceptance Process:
As each deliverable is completed, the Project Coordinator will confirm with the Subscriber and document acceptance in the Project Community Portal.
• Project initiation and discovery
• Kickoff call complete
• Discovery call complete
• Data, configuration, and training requirements documented • Available data loaded
• Available location, asset, user, PM schedule data is loaded in AE to meet documented data requirements.
• Account Configuration
• Account has been setup and configured to meet documented configuration requirements. • User Acceptance Testing
• Consultant -led end -to -end walkthrough and client UAT has demonstrated to Subscriber functionality meets configuration requirements.
• End User Training
• Administrator and Full User roles have received training on their role. • Go -Live Support
• 30 -day Go -Live Support period has been concluded.
Assumptions:
Subscriber Assumptions:
• There will be a single point of contact/project manager for the duration of the project. • IT department is responsible for ensuring access to mobile devices, internet connections, email access, and web link access to the software such as white listing IP addresses. • The appropriate resources will be available for all scheduled activities. Canceling or rescheduling consulting activities within 2 weeks of the scheduled activity may result in a rescheduling fee being assessed.
• For onsite activities, Subscriber will provide a dedicated space with adequate technology, including but 9 not limited to monitor/projector, computers, mobile devices, quality phone and internet connections. • Will provide relevant data to be loaded in a timely manner and in Excel or CSV format. Each record type will be provided in one file with one sheet with column headings and one record with corresponding attributes per row.
• If Subscriber is unable to provide data in an acceptable format for import, Consultant will guide Subscriber on how to manually create records.
• Subscriber has up to (5) business days to confirm deliverable acceptance. No response will be interpreted as acceptance.
Company Assumptions:
• Consultant will not access any 3rd party systems for the purpose of exporting data. • Once End User Training has been completed, 30 -day Go -Live Support period begins, consisting of up to 4 weekly 30 -minute check -ins with the Implementation Specialist. If client does not attend a scheduled check -in, it will be assumed no assistance was needed. • For on -site activities, Company will bill Subscriber for actual travel and associated expenses incurred. • Any services not explicitly included in this SOW are assumed to be out of scope.
Project schedule and approach:
Kick-off Call with Project Coordinator
• Confirm software and services purchased
• Identify key stakeholders
• Assign resources
• Schedule key milestone dates, including anticipated project completion date • Access to Company's on-line Learning Management System • Access to an interactive project plan
• Discovery with Consultant
• Interview key stakeholders to understand specific maintenance & operations objectives • Overview of AE with key stakeholders, including data import requirements • Determine optimal AE configuration to meet objectives and drive KPIs • Document data and configuration requirements
• Schedule required consulting activities and confirm projected completion date • Data loaded by Consultant
• Review, cleanse, and load available user, location, asset, and scheduled PM data • Account configuration by Consultant
• Populate key drop -down menus
• Review/modify request and work order templates
• Configure workflow for request/approval/assignment of work orders • User Acceptance Testing
• Configuration demo to walk through the end -to -end workflow from request to completion • Demonstrate key functionality meets configuration requirements 10 4e
• Consultant conducts End User Training for Administrator and Full User roles • End -to -end walkthrough for their role
• Desktop and mobile training
• Go -Live Support
• Company provides (4) weekly check -in calls with Implementation Specialist and Subscriber • Company Implementation specialist addresses any issues identified. Where issues require product support, Implementation Specialist will submit to Company Support • Implementation Specialist adjusts configurations as needed prior to project close • Project Close
Sample Project Timeline (project timelines may vary):
Timeline Evenxs
••y1
Week1
Waek2
Week3
Week4
Weeks
Week
Waek7
Weeks
Weak•
Week 1.
Week 11
Week 12
Week13
Project Kick Off Call
LMS (Learning Mono cement
System) Review and R&A
Discovery Coll
Data Review
Data Loading
Account Configuration
UAT (User Acceptance Testing)
User Training
Post -Consulting Call
OLS (Oo Live Support)
Project Close
Change Management:
Subscriber may request that the Company add services not in the specifications by submitting a written proposed change order to the Company. Submitted change requests will be reviewed for approval. Approved change orders will become part of the applicable SOW when executed by both Parties, and the services described therein will become part of the services.
Invoicing:
At the conclusion of Go Live Support, the main consulting milestone will be completed to trigger billing for the full consulting service.
11 Asset Essentials Connector Tool
Summary:
Company will provide specified professional consulting services to Subscriber to implement the Asset Essentials Connector Tool. The Connector Tool is an on -premises tool for exporting data from Asset Essentials into a folder or importing data from a folder in CSV (comma -separated value) file format. These professional services include meeting with a key Subscriber stakeholder to review data flow requirements, review field mapping for CSV file import, map Assets Essentials data fields to CSV file for export and train the Subscriber on all Connector Tool functionality.
Overview diagram (does not represent what is being delivered):
Asset Essentials Connector Tool
In Scope: The below will be considered in scope of this SOW:
1. Asset Essentials Connector Tool implementation
2. Asset Essentials Connector Tool training
Deliverables:
• Project initiation and discovery (discuss data flow requirements) • System requirements and direction on where to download the Connector Tool provided • Testing connectivity between Asset Essentials and the Connector Tool • Training provided on: Asset Essentials available tables; field mapping, filtering, scheduling within the Connector Tool; CSV file import/export requirements based on data flow requirements • Recommend changes needed to CSV file
12 • Demonstrate an export using the Connector Tool and import assuming the Subscriber is able to provide a compatible CSV file
Acceptance Process:
As each deliverable is completed, the Company Project Coordinator or Consultant will confirm with the Subscriber and document acceptance in the Project Community Portal. • Project initiation and discovery completed
• Subscriber has downloaded and deployed the Connector Tool • Company has trained Subscriber on the Connector Tool
Assumptions:
Subscriber Assumptions:
• There will be a single point of contact/project manager for the duration of the project. • IT department is responsible for ensuring access to mobile devices, internet connections, email access, and web link access to the software such as white listing IP addresses. • The appropriate resources will be available for all scheduled activities. Canceling or rescheduling consulting activities within 2 weeks of the scheduled activity may result in a rescheduling fee being assessed.
• For onsite activities, Subscriber will provide a dedicated space with adequate technology, including but not limited to monitor/projector, computers, mobile devices, quality phone and internet connections. • Will provide relevant data to be loaded in a timely manner and in CSV format. Each record type will be provided in one file with one sheet with column headings and one record with corresponding attributes per row.
• If unable to provide data in an acceptable format for import, Consultant will guide Subscriber on how to manually create records.
• If importing data applies, import data file must be provided by Subscriber with required Asset Essentials fields.
• If exporting data applies, Subscriber is responsible for supplying mapping, creating a script (if applicable) to monitor the output location, and importing of the data file into any Subscriber systems. • Responsible for providing an always on Windows environment to support the Connector Tool. • Responsible for creating a Windows folder or SFTP site.
Company Assumptions:
• For on -site activities, Company will bill Subscriber for actual travel and associated expenses incurred. • Any services not explicitly included in this SOW are assumed to be out of scope. • Subscriber has up to (5) business days to confirm deliverable acceptance. No response will be 13 interpreted as acceptance.
• Company will not access or is not responsible for exporting or importing data out of Subscriber system(s) or creating any scripts to automate the process or transforming/modifying any CSV import files into the Connector Tool.
• Any API needs will be considered out of scope of this service.
Project Schedule:
From project initiation to demonstration, this service will take no longer than 8 hours to complete.
Change Management:
Subscriber may request that the Company add services not in the specifications by submitting a written proposed change order to the Company. Submitted change requests will be reviewed for approval. Approved change orders will become part of the applicable SOW when executed by both Parties, and the services described therein will become part of the services.
Invoicing:
Once all deliverables have been completed, this service will be billed at 100%.
Special Terms for Asset Essentials:
Asset Essentials pricing is based on a maximum storage limit of 200GB of data. Data storage that exceeds 200GB may subject to an additional fee of $200 per year per additional 200GB of storage. 14 Enterprise Project Management
Summary:
Company will provide professional services to Subscriber. These professional services include:
Project Management services. Our Project Manager will act as an extension of the Subscriber's team and ensure seamless implementation from start to finish. The Subscriber will have access to a personalized timeline which will be reviewed on a regular cadence. The Project Manager will partner with the Subscriber to coordinate all services, ensure the project stays on track, and help identify risks and/or issues.
In Scope: The items below will be considered in scope of this SOW:
• Initiating
• Project set-up
• Draft timeline
• Resource planning
• Identify project dependencies
• Planning
• Kick-off call with Company Project Manager
• Discussion of risks, barriers, or roadblocks that your organization experienced with previous software implementations
• Timeline planning incorporating Business deadlines
• Executing
• Coordinating necessary project meetings
• Regular (up to weekly) project status meetings to review tasks, timelines, issues and preview any upcoming action items or next steps.
• Up to monthly project oversight meetings of reactive workflow with buyer -level decision makers to ensure the project progress is communicated if requested by Subscriber point of contact. • Reply to Subscriber communications within two (2) business days. • Controlling
• Access to view Risk & Issue Log
• Risk Management and mitigation assistance
• Closing
• Define Post Launch Support points of contact
• Facilitate product enablement support
Deliverables:
1. Company Project Manager lead kick-off call
2. Custom timeline with critical path development and management
3. Project goal setting
15 4. Regular (up to weekly) Subscriber / Project Manager status calls
5. Risk and issue tracking with mitigation assistance
6. Change Management
• A recommended structured approach for transitioning Subscriber's individuals, groups, and organizations from a current state to a future state with intended business benefits. • Change management process as it applies to the SOW, will be discussed on Company kick-off call.
7. Subscriber sponsor status meetings (up to monthly) if requested by Subscriber point of contact
8. Unlimited access to Help Site and Company Academy during and after implementation
9. Define Post Launch Support points of contact
Acceptance Process:
• Project will be assumed completed once all deliverables in the contract have been met. • Sign -off will be required for the project plan and each milestone. The Subscriber has five (5) business days to approve the project plan and a completed milestone. No response will be interpreted as acceptance.
Assumptions:
• Configuration and data options may vary based on the services and products that were purchased. • The Subscriber will schedule time for the appropriate resources to be available for all scheduled activities.
• The success of this process is dependent on the attendance and full engagement of the key stakeholders.
• The Subscriber will ensure adequate technology for a successful implementation, including but not limited to ability to run and attend virtual meetings, monitor/projector, computers/tablets, quality phone connection, and wireless internet access when and where applicable. • Failure to sign off on project milestones will result in delays and/or additional costs may be incurred. • Incidental travel -related expenses will be invoiced to Subscriber at cost for on -site services. • Once the timeline is approved by the Subscriber, any changes will be documented and if the level of effort changes, it may be subject to a change order.
• Project team members will reply to written communication within two (2) business days. • This SOW is the primary SOW to deliver any subsequent services with related SOWs. Where subsequent services have similar or conflicting deliverables, this SOW will take precedence. • Additional data provided after agreed upon due dates in the project timeline may result in a change order.
• Rescheduling or cancellation of the service within two (2) weeks of the scheduled delivery date will result in a rescheduling fee.
• Deviations from these assumptions may impact Company's ability to successfully complete the project.
Any changes in scope, schedule, or costs will be documented by the Project Manager, whether there is a cost impact or not.
16 Project Schedule:
The schedule will be defined by the other professional services provided in this contract.
Rates / Price:
The price for this service has been determined in accordance with the other SOWs included in this contract. If additional services are required that are not included in the scope, pricing will be determined via a change order.
Invoicing:
Invoicing will occur per the agreed upon terms in this contract. 17 Predictor Enterprise Implementation and
Training - Statement of Work
Package 2
Purpose
The purpose of the Predictor Enterprise Implementation and Training Services, as scoped herein, is to deliver the model development, training, and support required to realize the value that a Predictor Enterprise subscription has to offer for building asset lifecycle models in support of the Client's infrastructure investment planning processes. To facilitate this outcome, a Brightly's (Company) Selected Consultant (Consultant) will conduct workshops with Client staff members (workshop participants) focused on developing a first -generation lifecycle model* using the Client's data.
Through the workshop experience, follow-up meetings, and post -implementation support, Client staff will be provided the opportunity to learn the essentials of building asset lifecycle models with Predictor Enterprise.
With this background and understanding, Client staff will be able to assume ownership of the first -generation lifecycle models and continue to build out "what -if" scenarios after training is complete with support from the Company Selected Consultant.
Value
By partnering with Brightly, you are provided expert guidance in the best practice configuration and usage of Predictor Enterprise. In summary, the scope of the proposed Predictor Enterprise Implementation and Training Services includes:
• Workshop training sessions led by the Consultant focused on building lifecycle model(s) for the asset class(es) identified in this SOW and using the Client's data; • Client data loaded into the lifecycle model(s) in Predictor using the asset class(es) identified in this SOW and using the Client's data and input;
• One (1) month of online support provided directly by the Consultant. This service is designed to provide Client staff with assistance in matters related to reporting; troubleshooting, and refining the previously delivered lifecycle model(s);
• Support and guidance for installing Predictor Enterprise on the Windows operating system; • Guidance on how to structure data for effective lifecycle modeling; *A "first -generation lifecycle model" is a fully functional Predictor Enterprise lifecycle model that can be used to present reports and explore the functional aspects of Predictor Enterprise software.
However, the term 'first -generation' is used to qualify that the model may not yet be mature or accurate enough for actual decision- making purposes. Also note that a single model applies to a single asset class. For example, a model built for pavement would not include information about signage or street markings.
Per this scope of services, a first -generation lifecycle model will be developed for the asset class identified below (select one):
18 Methodology and Approach
Task 1: Pre -Workshop Kick -Off Meeting and Preparation Consultant will work with the Client's designated Project Manager to facilitate a Kick -Off Meeting and prepare themselves and the Client's project team for data gathering and the upcoming workshop activities.
Sub -Task 1.1: Kick -Off Meeting
[Remote Task: up to 2 hours duration]
The purpose of the Kick -Off Meeting is to:
1. Review project goals and objectives;
2. Review data requirements;
3. Review available data sources and decision support criteria;
4. Schedule the workshop;
5. Determine an appropriate time for client staff to install Predictor Enterprise on Client computers;
6. Address any scope, logistical, or scheduling questions.
Sub -Task 1.2: Pre -Workshop Preparation
[Remote Task: duration is as needed, not to exceed 16 hours] Project preparation tasks during this phase of the project will include:
1. Consultant will review relevant information provided by the Client, including data sources (such as GIS), decision support processes, plans, assessment reports, and other information that will be beneficial to the project outcomes. Consultant will advise Client of any schema or data changes required for a successful model. Consultant may make assumptions or calculate additional fields so the model may proceed to be built in a timely manner if required changes to source data are not completed by the Client in a timely manner.
2. Software installation requirements will be reviewed during the Kick -Off meeting, and access to Company online Predictor Enterprise resources will be provided. An email will be issued to designated Client staff with links to access the software, Knowledge Base, and eLearning videos. The Consultant will provide additional support as required. A meeting with a Client IT representative may be necessary.
Client Responsibilities
1. Designate a Project Manager. This person will interact directly with the Consultant to set meeting times, coordinate staff, direct feedback, approve invoices and other tasks as required to help keep the project on track.
2. Determine who will participate in the Data Gathering and Workshop sessions. Company suggests that 19 participants include both personnel who are actively involved in plan decision making and personnel who are responsible for managing data that contributes to the decision -making processes.
3. Determine and assemble data sources that will be used in Predictor Enterprise. This should include any existing condition rating systems, decision support criteria used to determine repair, rehabilitate, and replace, budget and planning strategies. These resources will be provided to the Consultant for review prior to the onsite workshop.
4. Complete data schema and/or data updates recommended by the consultant and provide updated data to Consultant.
5. Consultant will host the meeting using online screen sharing software (WebEx, Zoom, or similar). The Client is responsible for ensuring remote access for all Client participants.
Deliverables
1. A remotely facilitated Project Kick -Off Meeting, up to two (2) hours in duration, to be facilitated by Company's Solutions Consultant and attended by applicable Client and Consultant team members.
Task 2: Lifecycle Model Training and Model Building Workshop [Remote Task: Three-day duration] A series of remote workshop sessions will be facilitated by the Consultant over an agreed -upon multi -day period. Ideally, remote workshop activities should be completed within a one (1) to three (3) week period. The purpose of workshop session is to train Client staff on the creation of asset lifecycle models through the process of building first -generation lifecycle models for the scoped assets, using the Client's data.
The workshop is as follows:
1. Overview Presentation and Discussion
Workshop Session 1: (3 hours)
Participants: Senior Managers, Asset System Managers, GIS staff, Project Manager Consultant will step the workshop participants through a comprehensive overview of asset lifecycle modeling using Predictor Enterprise. Participants will be encouraged to ask questions and engage in discussion as Consultant presents the following:
1. Introductions and goal review;
2. An overview of strategic asset management, lifecycle modeling, and Predictor Enterprise;
3. An in-depth interactive presentation on the process of developing lifecycle models using examples in Predictor Enterprise relevant to scoped assets;
20 4. Integration with GIS;
5. Reporting methods.
2. Lifecycle Model Development and Training for Asset Group 1 Workshop Session 2: (3 hours)
Workshop Session 3: (3 hours)
Participants: Client Asset System Managers and their designee(s), Project Manager Consultant will lead a training workshop for developing lifecycle model parameters for the selected asset class(es). The training will be facilitated by the Consultant using remote screens of Predictor Enterprise, GIS, and other software as required. Workshop participants may follow along using Predictor Enterprise on their laptops but are not required to do so. Aspects of lifecycle modeling that the training will focus on include:
a. Treatment parameters. The types of treatments that are currently being used, criteria for triggering treatments, and treatment effects.
b. Service State (aka Condition) criteria. Criteria for determining the service state of assets, including condition scoring, likelihood of failure, age, and other criteria as it would be used for decision making. c. Lifecycle criteria such as material, size, location, era of installation, and other criteria that contributes toward defining the life expectancy of assets.
d. Degradation Profile. The deterioration curve of the asset(s). e. Decision criteria. Additional decision criteria other than service state that will be used in the lifecycle model. Examples include material, criticality, capacity, location etc. f. Decision Model. How all the criteria come together to trigger treatments and their effects in a decision model.
g. Costing data for each treatment, which are determined in the unit of measure for the asset(s). h. Budget caps. At least one simulation should be built on existing budgets. Other simulations may be created that vary the budget amounts.
i. Data structure. Evaluate how the Client's data matches up to the decision criteria. Make note of modifications that may need to be performed.
j. Forced projects. Any projects that the Client is already committed to may be identified and forced to happen in the designated year in the model simulation.
k. Data acquisition from a Feature Service on ArcGIS Online I. Data structure. Evaluate how the Client's data matches up to the decision criteria. Make note of modifications that may need to be performed. Some modifications can be made in the workshop. m. Forced projects. Any projects that the Client is already committed to may be identified and forced to happen in the designated year in the model simulation.
n. Predictor Enterprise Reports
o. Publishing Predictor Enterprise simulation results to ArcGIS as a time enabled Feature Class 21 3. Wrap Up
Workshop Session 4: (3 hours)
Participants: Project Manager and others to be determined This time is reserved if needed for activities identified in previous sessions that need to be further addressed. This may include the development of a list of next steps, meeting with IT staff regarding software installation or other topics as required.
Client Responsibilities
1. Consultant will host the meetings using online screen sharing software (MS Teams, Zoom, or similar).
The Client is responsible for ensuring remote access for all Client participants.
2. Client staff should arrive prepared with all digital and paper -based information deemed relevant to the workshop.
Deliverables
1. Copies of presentation material.
2. Remote Training Workshop sessions facilitated by an Company Solutions Consultant as described herein.
3. First -generation Predictor Enterprise model files as developed in the workshop.
4. All participants are provided an opportunity to learn how to utilize the Predictor Enterprise software.
5. The Consultant engages in a post -workshop meeting with the Client's Project Manager to solicit feedback and discuss the post workshop training and support phase of the project.
Task 3: Post Workshop Training and Support
[Remote Task: duration is as needed, not to exceed 16 hours] During the one (1) month period immediately following delivery of the first -generation Predictor Enterprise lifecycle models, the Consultant will remain the primary contact for support and follow-up training as it becomes desired by the Client staff who participated in the Task 2 workshops. The purpose of this support period is to provide Client staff an opportunity to ask questions on the lifecycle model(s), reports, data, or other material deemed necessary by the Client to extend the value of the Predictor Enterprise subscription. This support and training is in addition to Company's standard support services.
1. All support and training will be provided through email, scheduled online meetings, and phone conferences. The Client Project Manager will schedule the support activities with the Company Solutions Selected Consultant prior to each event.
2. At Consultant's sole discretion, the Consultant may engage in some development of lifecycle models, 22 reports, or other material in consultation with the Client as deemed appropriate to further the training of Client staff.
3. Support and training are limited to staff who participate in the training workshop, but the services provided by Consultant during this phase includes help for workshop participants to communicate to other Client staff.
Project Assumptions
Company has made the following general assumptions in this SOW to derive the estimated cost for this project.
It is the responsibility of Client to validate these assumptions, which include Client responsibilities before signing the Acceptance. Deviations from these assumptions may impact Company's ability to successfully complete the project. Any changes in scope, schedule, or costs will be documented by the Project Coordinator, whether there is a cost impact or not.
• Company and Consultant are not responsible for delays caused by missing data or other configuration information that is required to be available prior to the consulting service. Having the requested data and configuration information available prior to the consulting service may minimize delays so progress can be made quickly.
• Client shall use best efforts to Identify of all project -related key information to allow the project schedules to begin on time. Any changes to key information after Project kickoff may require a Change Controls.
• Parties agree to provide timely responses to task -related emails or phone calls to enable on -time completion of all assignments.
• At least 24 -hour notice cancellation shall be given by the Parties if required members for any scheduled meeting cannot attend. This shall allow sufficient time to cancel/re-schedule the meeting as soon as possible to keep the project on schedule.
• Prerequisite data gathering, which may relate to an orientation call or requirements gathering meeting, must be completed prior to the scheduled meeting. A productive meeting requires that the data gathering be complete in advance of the meeting.
Excluded from Services
For the avoidance of doubt, the following services are not included:
• Unless otherwise included in the Consulting service, evaluation of your current practices, policies, procedures, or personnel for the purposes of performance or other improvements. • Troubleshooting any issues related to your IT infrastructure, including computer software not provided by Brightly and/or GIS or other systems.
• Migration of data from other systems or locations, unless specified on the Order Form. • Updating any of your source data.
• Export of data to any other systems or third parties other than those specified on the Order Form. 23 Milestone Billing - Invoice Schedule
Invoicing for the Predictor Enterprise Model Development service will be provided as delivery milestones are met. Below is the schedule for the billing milestones and the related percentage.
Predictor Enterprise Model
Development Milestones
Description
Percentage
Kickoff and Data Gathering
Kickoff meeting and initial model preparation (Task 1)
50%
Workshop Sessions and Wrap Up
Lifecycle model building, workshop sessions and wrap up (Task 2) 50%
24 Order terms
• By accepting this Order, and notwithstanding anything to the contrary in any other purchasing agreement, Subscriber agrees to pay all relevant Subscription Fees for the full Subscription Term defined above.
• Payment terms: Net 30
• The "Effective Date" of the Agreement between Subscriber and Company is the date Subscriber accepts this Order.
• This Order and its Offerings are governed by the terms of the Brightly Software, Inc. Master Subscription Agreement found at http://brightlysoftware.com/terms (httx//brightlysoftware.com/ terms) ("Agreement"), unless Subscriber has a separate written agreement executed by Brightly Software, Inc. ("Company") for the Offerings, in which case the separate written agreement will govern.
Acceptance is expressly limited to the terms of the Agreement. No other terms and conditions will apply.
The terms of any purchase order or similar Subscriber document are excluded and such terms will not apply to the Order and will not supplement or modify the Agreement irrespective of any language to the contrary in such document.
• To the extent professional services are included in the Professional Services section of this Order, the Professional Services Addendum found at httx//brightlysoftware.com/terms ( http://brightlysoftware.com/terms) is expressly incorporated into the Agreement by reference. • During the Subscription Term, Company shall, as part of Subscriber's Subscription Fees, provide telephone and email support ("Support Services") during the hours of 8:00 AM and 6:00 PM EST, (8:00 am - 8:00 pm EST for Community Development Services) Monday through Friday ("Business Hours"), excluding Company Holidays.
• Company maintains the right to increase Subscription Fees within the Subscription Term by an amount not to exceed the greater of prices shown in the investment table or the applicable CPI and other applicable fees and charges every 12 months. Any additional or renewal Subscription Terms will be charged at the then -current rate.
• Acceptance of this Order on behalf of a company or legal entity represents that you have authority to bind such entity and its affiliates to the order, terms and conditions herein. If you do not have such authority, or you do not agree with the terms set forth herein, you must not accept this Order and may not use the Offerings.
• Proposal expires in sixty (60) days.
• Subscriber shall use reasonable efforts to obtain appropriation in the full amount required under this Order annually. If the Subscriber fails to appropriate funds sufficient to maintain the Offerings described in this Order, then the Subscriber may terminate the Offerings at no additional cost or penalty by giving prior written notice documenting such non -appropriation. Subscriber shall use reasonable efforts to provide at least thirty (30) days prior written notice of non -appropriation. Subscriber agrees non - appropriation is not a substitute for termination for convenience, and further agrees Offerings terminated for non -appropriation may not be replaced with functionally similar products or services prior to the expiration of the Services Term set forth in this Order. Subscriber will not be entitled to a refund or offset of previously paid, but unused Fees.
Additional information
• Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of 25 Subscriber. This is not an invoice. For customers based in the United States, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Subscriber. Tax exemption certifications can be sent to [email protected] ( mailto:[email protected]) . • Billing frequency other than annual is subject to additional processing fees.
Please reference Q-382920 on any applicable purchase order and email to [email protected] ( mailto:[email protected]) • Brightly Software, Inc. can provide evidence of insurance upon request. 26 &ightly IIIuminate
Illuminate: Bringing the best Ideas to Light
Brightly's Illuminate conference is a place for operations and asset management leaders to gather and share our collective wisdom, spotlighting the best new ideas and learning from one another to realize a brighter future. Take stock of where you've been and plan for where you're going while connecting with industry peers and experts as passionate to help their organizations thrive as you are.
Brightly's Illuminate conference is a gathering of the brightest minds in operations and asset management, where you can connect with leaders in their field, exchange expertise, and uncover new opportunities to realize a brighter future
Illuminate is March 11th -14th. Attendees are in for the best in -person conference yet, with more knowledge, training, and technology than ever before.
Enlighten
Share your expertise and level up your knowledge with hands-on education and training you can bring back to your team.
Envision
Explore the brightest ideas and smartest solutions to elevate the work your organization is doing and realize your vision for the future.
Engage
Broaden your professional network by sharing wisdom with fellow operations and asset management leaders.
Admission for Illuminate is $995 for tuition only and $1895 for the "Brightly Bundle". The Brightly Bundle includes meals, a 4 -night hotel stay and tuition. Registration is open beginning October 1st, 2023 through March 8th, 2024.
27 43
28 Signature
Presented to:
Q-382920
October 12, 2023, 4:18:53 PM
Accepted by:
Printed Name
Signed Name
Title
Date
29 RESOLUTION NO. R-2023-88
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 so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, Resolution No. R-2023-42, is hereby amended to adjust the following accounts as specified below:
Fund
Description
Department
GL Account
Amount
Type
Measure U
Fund Balance
Measure U Fund
0079-3001
$71,000
Decrease
Measure U
PW Maintenance
Master Plan &
Condition
Assessment
Pro.ect
Public Works
799800-6770
JL#24903-6770
$71,000
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-88
PASSED, ADOPTED AND APPROVED THIS 21st 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 21st day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2023-88
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR/PUBLIC SERVICE AND INFRASTRUCTURE NOVEMBER 21, 2023
APPROVAL OF RESOLUTION AUTHORIZING GRANT APPLICATION AND
SUPPORT FOR KRAEMER BOULEVARD/GLASSELL STREET/GRAND
AVENUE (KGG) REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FISCAL
IMPACT: There is no fiscal impact associated with the recommended action.
SUMMARY
On August 14, 2023, the Orange County Transportation Authority (OCTA) issued the 2024 Call for Projects for the Regional Traffic Signal Synchronization Program (RTSSP) or Project "P" funded through Measure M2. OCTA considers coordinating traffic signals across jurisdictional boundaries a major component in enhancing County -wide traffic flow and reducing congestion.
Traffic corridors considered for grant funding are reviewed for high traffic volumes and the measurable benefit of interagency signal synchronization. The proposed RTSSP project along the Kraemer Boulevard corridor involves the cities of Anaheim, Orange, Placentia, Brea, and Santa Ana. OCTA has requested a resolution of support from each respective City Council for an RTSSP project along the Kraemer Boulevard corridor. This action will adopt a resolution authorizing the application and support for this project.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution No. R-2023-87, a Resolution of the City Council of the City of Placentia, California authorizing an application and support for the Kraemer Boulevard/Glassell Street/Grand Avenue (KGG) RTSSP for funds from the Orange County Transportation Authority under the competitive Measure M2 Regional Transportation Signal Synchronization Program.
STRATEGIC PLAN STATEMENT
There is no specific City Council adopted 5 -Year Strategic Goal or objective related to this agenda item.
1.j.
Nov 21, 2023
City Council Agenda
November 21, 2023
DISCUSSION:
The Comprehensive Transportation Funding Programs (CTFP), administered by the OCTA, has been developed to help fund City improvement projects throughout Orange County. OCTA has issued the 2023 CTFP CaII for Projects for funding under the Project RTSSP. This call is to fund projects for a three-year period with implementation in the first year and signal monitoring for two (2) subsequent years. In June 2023, the City Council adopted Resolution No. R-2023-46 to approve the City's Local Signal Synchronization Plan (LSSP) as part of the Measure M2 Eligibility Process. The LSSP identifies traffic signal synchronization routes including all elements of the Regional (countywide) Signal Synchronization Network located within the City.
Placentia is eligible to apply for and compete with other cities within Orange County for funding signal synchronization projects under the RTSSP. The project must be on a priority corridor network, or the signal synchronization network identified in the Regional Traffic Signal Synchronization Master Plan or the Master Plan of Arterial Highways. Furthermore, the project must be multi -jurisdictional and have documented support from all participating jurisdictions. The RTSSP requires that all participating local agencies provide minimum matching funds of twenty percent (20%) for each project. The matching funds may be from local funds or in -kind services from local agency staff.
OCTA, in conjunction with the cities of Santa Ana, Anaheim, Orange, Placentia, and Brea ("Cities") have determined the Kraemer Boulevard/Glassell Street/Grand Avenue (KGG) to be a corridor in Orange County worth consideration for Measure M2 funding. The proposed project is between Kraemer Boulevard/Lambert Road in the City of Brea and Grand Avenue/Dyer Road in the City of Santa Ana. In Placentia, the corridor starts at Golden Avenue, and it includes eleven (11) signals. The project is in collaboration with the Cities of Brea, Orange, Anaheim, Santa Ana, and the State of California Department of Transportation. This project will be led and implemented by the City of Santa Ana.
The RTSSP projects allow agencies to implement traffic signal timing coordination and communications equipment improvements along the corridor. If this project is selected for funding, the City of Placentia will modernize existing traffic signal technology at various signals. Some of these improvements will include new traffic signal controllers and cabinets, fiber optic, video vehicle detection, CCTV camera, audible pedestrian push button, and new workstations for the Traffic Management Center. These improvements will help ensure the signals along each corridor can facilitate and operate with optimized synchronized timing.
The estimated cost of the traffic signal improvements for the City's portion of the project amounts to $959,750, of which OCTA will cover 80% of the cost through the Measure M -funded RTSSP Grant Program. The City's share of this cost amounts to 20% or $191,950. The total estimated cost of the project for the entire corridor amounts to $ 5,809,030, of which OCTA would cover 80% or $4,647,224.
The KGG RTSSP grant application was submitted on October 26, 2023. A resolution by the City Council is required to affirm and formally authorize the submittal of the grant funding application (Attachment 1). Should the project be awarded this grant by OCTA next spring, Staff will return to
City Council Agenda
November 21, 2023
the City Council with a Cooperative Agreement between the Cities which will outline each agency's responsibilities and financial commitment. In addition, the project will be added to the City's Capital Improvement Program Budget as part of the annual budget preparation process.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. Should the project be awarded grant funding in spring 2024, the City would not receive any invoices for the project cost until late 2025, when construction of the project is expected to be completed. Staff proposes to include this project in the FY 2024-25 Capital Improvement Program Budget for the City's share of the project cost, which is estimated to be $191,950, to be funded with a combination of Gas Tax and AB 2766 Air Quality Subvention Funds. The City of Santa Ana will act as the lead agency for implementation of the proposed project.
Prepared by:
(Nx
Kyra tao,' P. E.
Transportation Manager
Review (-anti a 'roved:
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Luis Estevez \j Damien R. Arrula
Deputy City Administrator
City Administrator
Attachments:
1. Resolution R-2023-87 - Support of KGG RTSSP Grant Application
2. Project Area Map — Kraemer Blvd/Glassell St/Grand Ave RTSSP Corridor Map
RESOLUTION NO. R-2023-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA AUTHORIZING AN APPLICATION AND
SUPPORT FOR THE KRAEMER/GLASSELL/GRAND
CORRIDOR PROJECT FOR FUNDS FROM THE ORANGE
COUNTY TRANSPORTATION AUTHORITY UNDER THE
MEASURE M2 REGIONAL TRANSPORTATION SIGNAL
SYNCHRONIZATION PROGRAM
A. Recitals
(i) The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.
(ii) The City of Placentia was declared by the Orange County Transportation Authority to meet eligibility requirements to receive revenues as part of Measure M2.
(iii) WHEREAS, the CITY must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement.
(iv) WHEREAS, the CITY authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.
(v) The City of Placentia has currently adopted a Local Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries.
(vi) The City of Placentia will provide matching funds for each project as required by the Orange County Comprehensive Transportation Funding Programs Manual.
(vii) The City of Placentia will not use Measure M funds to supplant Developer Fees or other commitments.
(viii) The City of Placentia desires to implement multi -jurisdictional signal synchronization listed below.
Resolution R-2023-87
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., above.
2. The City Council of the City of Placentia hereby requests the Orange County Transportation Authority to allocate funds in the amounts specified in the City's application(s) from the Regional Transportation Signal Synchronization Program to implement regional signal synchronization along Kraemer Boulevard.
3. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED and ADOPTED this 7t" 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 held on the 5t" day of December 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-87
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Caltrans
Santa Ana
Map of Kraemer Boulevard/Glassell Street/Grand Avenue
Regional Traffic Signal Synchronization Program Corridor
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF FINANCE
NOVEMBER 21, 2023
UPDATED RESOLUTION APPROVING THE TRANSITION OF THE CITY'S
DEFINED CONTRIBUTION PLAN FOR ELIGIBLE EMPLOYEES FROM PUBLIC
AGENCY RETIREMENT SERVICES (PARS) TO THE ICMA RETIREMENT
CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST AND REPEALING RESOLUTION NO. R-2023-79
FISCAL
IMPACT: NONE
SUMMARY:
The City Council approved Resolution R-2023-79 on September 19, 2023 authorizing the transition from Public Agency Retirement Services (PARS) to the ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust. After submitting the resolution and termination letter to PARS it was determined the transfer of assets date of December 1, 2023 identified in the resolution did not allow sufficient time, and that the date of January 31, 2024 would be the effective date of transfer. Resolution R-2023-89 updates all dates stated in Resolution R-2023-79.
RECOMMENDATION
It is recommended that the City Council take the following action:
1. Adopt Resolution R-2023-89 authorizing the transition of the City's Defined Contribution Plan for Eligible Employees from PARS to ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust and repealing Resolution No. R-2023-79 and the discontinuance of the City's participation in the Public Agency Retirement System (PARS) Defined Contribution Plan and related services of PARS as Trust Administrator, U.S. Bank N.A. as Trustee, and John Hancock Retirement Services as Custodian/Record Keeper with updated dates; and
2. Authorize the City Administrator to execute all necessary documents.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Enhance Employee Development, specifically objective 7.1 Bolster ranks of city employees.
1.k.
Nov 21, 2023
City Council Agenda
November 21, 2023
DISCUSSION:
The City Council approved Resolution R-2023-79 on September 19, 2023 authorizing the transition from Public Agency Retirement Services (PARS) to the ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust for the city offered 401(a) defined contribution plan for employer contributions for a select group of employees. The purpose of the transition was to significantly reduce fees, improve the investments and services available to eligible employees and consolidate retirement plans with one single provider.
After submitting the resolution and termination letter to PARS it was determined the transfer of assets date of December 1, 2023, identified in the resolution did not allow sufficient time to complete all necessary steps, and that the date of January 31, 2024 would be the effective date of transfer. Resolution R-2023-89 updates all dates stated in Resolution R-2023-79.
FISCAL IMPACT:
There is no fiscal impact to the City to update the dates on the resolution.
Prepared by:
Jennifer Lampman
Director of Finance
Reviewed and Approved by:
1,2
Rosanna Ramirez
Reviewed and Approved by:
G
Alice Burnett
Director of Human Resources
Reviewed and Approved by:
Damien R. Arrula
Deputy City Administrator City Administrator
Attachment:
Resolution R-2023-89 Authorizing the transition of the City's defined contribution plan for eligible employees from Public Agency Retirement Services (PARS) to the ICMA Retirement Corporation governmental profit-sharing plan & trust and repealing Resolution No. R-2023-79.
RESOLUTION NO. R-2023-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING THE TRANSITION OF
THE CITY'S DEFINED CONTRIBUTION PLAN FOR ELIGIBLE
EMPLOYEES FROM PUBLIC AGENCY RETIREMENT SERVICES
(PARS) TO THE ICMA RETIREMENT CORPORATION
GOVERNMENTAL PROFIT-SHARING PLAN & TRUST AND
REPEALING RESOLUTION NO. R-2023-79
A. Recitals
(i). WHEREAS, the City has employees rendering valuable services; and (ii). WHEREAS, the City currently participates in the City of Placentia Public Agency Retirement System (PARS) Defined Contribution Plan, effective October 1, 2016; and
(iii). WHEREAS, the City has selected ICMA Retirement Corporation (d/b/a MissionSquare) as the new provider and wishes to terminate all services, administration, and investment contracts of Public Agency Retirement Services (PARS) as Trust Administrator, U.S. Bank, N.A. as Trustee, and John Hancock Retirement Services as Custodian/Record Keeper; and
(iv). WHEREAS, the City desires that its defined contribution retirement plan be administered by MissionSquare and that the funds held in such plan be invested in VantageTrust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans:
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
1. The City hereby restates and establishes a 401(a) defined contribution retirement plan (the "Plan") in the form of The ICMA Retirement Corporation Governmental Profit -Sharing Plan & Trust, pursuant to the specific provisions of the Adoption Agreement; and
2. The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and
3. The City hereby adopts the Declaration of Trust of VantageTrust, intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in VantageTrust; and
3. The City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in VantageTrust; and
4. The City Administrator shall be the coordinator for the Plan; shall receive reports, notices, etc., from ICMA Retirement Corporation or VantageTrust; shall cast, on behalf of the City, any required votes under VantageTrust; may delegate any administrative duties
relating to the Plan to appropriate departments; and
5. The City hereby authorizes the City Administrator to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan; and
6. The City of Placentia PARS Defined Contribution Plan is hereby replaced with the City of Placentia 401(a) Defined Contribution Plan administered by MissionSquare effective January 31, 2024; and
7. The Council hereby authorizes the liquidation of Plan assets on or around January 29, 2024, and the transfer of assets to MissionSquare/VantageTrust, on or around January 31, 2024; and
8. Upon the complete and successful transfer of all assets to MissionSquare/VantageTrust, PARS is hereby removed as Trust Administrator, U.S.
Bank, N.A. is hereby removed as Trustee, and John Hancock Retirement Services is hereby removed as Custodian/Record Keeper of the City of Placentia PARS 401(a) Defined Contribution Plan and any accounts and agreements associated with the Trust Administrator, Trustee, and Custodian/Recordkeeper shall be terminated.
APPROVED AND ADOPTED this 21ST day of November, 2023.
ATTEST: Ward L. Smith, Mayor
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of November 2023 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Placentia Cit Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: NOVEMBER 21, 2023
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 19251 FOR THE DEVELOPMENT OF AN APPROXIMATE 0.40 ACRE SITE WITH 12 RESIDENTIAL TOWNHOME
CONDOMINIUM UNITS LOCATED ALONG THE WEST SIDE OF VAN BUREN STREET AT 503 AND 513 SOUTH VAN BUREN STREET
FISCAL
IMPACT: None
SUMMARY:
On January 10, 2023, the City Council approved Tentative Tract Map No. TTM 19251 for the development of an approximate 0.40 gross acre site with 12 residential townhome units located at 503 and 513 South Van Buren Street. This development includes two (2) three-story, multi- family buildings consisting of 12 for -sale residential town -home units and associated hardscape and landscaping improvements that will be utilized for a private internal street system, outdoor parking, and pedestrian walkways, including landscaping for the property perimeter and passive and non -passive open space areas.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Final Tract Map No. 19251, subject to final review and approval by the County Surveyor; and
2. Accept the offers of easement dedication for emergency access, and accept the easement dedications for the Public Roadway and Utility improvements; and
3. Authorize the Mayor and City Clerk to execute a Subdivision Improvement Agreement, in a form approved by the City Attorney for public improvements associated with Tract Map 19251; and
4. Authorize the City Clerk to sign Final Tract Map No. 19251.
1.1. Nov 21, 2023
City Council Agenda
November 21, 2023
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
DISCUSSION:
Placentia Municipal Code (PMC) Section 22.76.070 requires the Planning Commission to take action to recommend to the City Council conditional approval or denial of a proposed subdivision map. On December 13, 2022, the Planning Commission voted 5-0-1, to recommend approval of Tentative Tract Map No. TTM 19251. At the same meeting, the Commission reviewed and approved Development Plan Review (DPR) No. 2022-03 and Use Permit (UP) No. 2022-04 to permit the development of an approximately 0.40 -gross acre lot for the construction of two (2), three-story, multi -family buildings consisting of 12 residential townhome units and associated hardscape and landscape improvements. On January 10, 2023, the City Council approved TTM 19251 as Phase II into the Hudson development that is currently in construction.
All conditions imposed upon the subject tract have been met pursuant to Section 66473.5 of the California Government Code, including the provisions for the design and improvements of the proposed subdivision. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. The recommended actions will accept Final Tract Map No. 19251 and all the easement dedications for emergency access and the Public Roadway and Utility improvements, as shown and documented on the final map.
Prepared by,,
Reviewed ( rrd-appr'6ved:
Chris Tanio V Luis Estevez
Deputy Director of Public Works/City Engineer Deputy City Administrator Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Final Map
2. Subdivision Improvement Agreement
SHEET 1 OF 3 SHEETS
(ALL OF TENTATIVE
TRACT NO. 19251)
1 NUMBERED LOT
GROSS AREA: 17,467 SQ. FT.
NET AREA: 17,176 SQ. FT.
TRACT NO. 19251
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 2 PER LOT LINE ADJUSTMENT NO. 2022-02 (CORRECTED) RECORDED AUGUST 21, 2023 AS INSTRUMENT NO. 2023000203498 OF OFFICIAL RECORDS; TOGETHER WITH A PORTION OF LOT 37 OF HAZARD'S SUBDIVISION PER MAP OF RICHFIELD FILED IN BOOK 1, PAGE 26 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
DANE P. MCDOUGALL C1QJ DATES OF SURVEY:
L.S. 9297 CONSULTING, INC. AUGUST 2017, MAY 2021
OWNERSHIP CERTIFICATE
WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND
COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF PLACENTIA AS AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES: VAN BUREN STREET WE ALSO HEREBY DEDICATE TO THE CITY OF PLACENTIA:
1. AN INGRESS AND EGRESS EASEMENT FOR EMERGENCY AND PUBLIC SECURITY VEHICLE PURPOSES OVER LOT 1 AS SHOWN ON SAID MAP.
LS-PLACENTIA LLC, A DELAWARE LIMITED LIABILITY COMPANY
BY: LANDSEA HOMES OF CALIFORNIA, INC. A DELAWARE CORPORATION
ITS MEMBER
BY:
NAME: THUAN VO
TITLE: ASSISTANT SECRETARY
LANDSEA HOMES OF CALIFORNIA, INC.
NOTARY ACKNOWLEDGMENT
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 CALIFORNIAI.
COUNTY OF
SS
ON BEFORE ME,
A NOTARY PUBLIC, PERSONALLY APPEARED
, 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.
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:
MY PRINCIPAL PLACE OF BUSINESS IS
SIGNATURE IN COUNTY
MY COMMISSION NO.
NAME MY COMMISSION EXPIRES
(PRINTED NAME)
SIGNATURE OMISSIONS
PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(C) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURE HAS BEEN OMITTED:
1. THE STERN REALTY COMPANY, HOLDERS OF RIGHTS TO ALL PETROLEUM, OIL, ASPHALTUM,
GAS AND OTHER HYDROCARBONS IN, ON OR UNDER SAID LAND, WITH THE SOLE AND
EXCLUSIVE RIGHT OF GRANTOR TO BORE, DRILL, DIG AND WORK IN, ON OR UPON SAID LAND
AND SUBJECT TO THE PROVISIONS REGARDING DEVELOPMENT OF SAID SUBSTANCES AS RESERVED IN THE DEED RECORDED APRIL 28, 1925 IN BOOK 574, PAGE 341 OF DEEDS.
NOTE: THE SURFACE AND THE TOP 500 FEET OF THE SUB -SURFACE WAS QUITCLAIMED BY DOCUMENT RECORDED NOVEMBER 18, 1927 AS INSTRUMENT NO. 37245 IN BOOK 96, PAGE 306, AND BY A DOCUMENT RECORDED JUNE 25, 1971 IN BOOK 9692, PAGE 470, AND BY DOCUMENT RECORDED OCTOBER 12, 2017 AS INSTRUMENT NO. 2017000434349, AND BY DOCUMENT RECORDED NOVEMBER 07, 2017 AS INSTRUMENT NO. 2017000472841, AND BY A DOCUMENT RECORDED FEBRUARY 16, 2021 AS INSTRUMENT NO. 2021000107813, ALL OF OFFICIAL RECORDS.
PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A)(i—viii) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:
1. SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS
TO ACCESS FACILITIES FOR THE TRANSPORTATION AND DISTRIBUTION OF NATURAL GAS AND RIGHTS INCIDENTAL THERETO RECORDED MAY 11, 2022 AS INSTRUMENT NO. 2022000176296, OF OFFICIAL RECORDS.
2. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR UNDERGROUND ELECTRIC LINES AND RIGHTS INCIDENTAL THERETO RECORDED JUNE 8, 2022 AS INSTRUMENT NO. 2022000208316 OF OFFICIAL RECORDS. INDETERMINATE FROM RECORD.
3. PACIFIC BELL TELEPHONE COMPANY HOLDER OF EASEMENTS FOR UNDERGROUND COMMUNICATION FACILITY PURPOSES AND RIGHTS INCIDENTAL THERETO RECORDED JUNE 22, 2022 AS INSTRUMENT NO. 2022000223347, OF OFFICIAL RECORDS. .
4. THE CITY OF PLACENTIA, HOLDER OF AN EASEMENT FOR PUBLIC STREET PURPOSES, PER TRACT NO. 19104, M.M. 998/26-30.
5. HUDSON COMMUNITY ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION,
HOLDER OF NONEXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS, EGRESS AND INCIDENTAL PURPOSES; AND NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS
AND EGRESS FOR MAINTENANCE, REPAIR AND REPLACEMENT OF THE PRIVATE STREET PER DOCUMENTS RECORDED AUGUST 18, 2022 AS INSTRUMENT NO. 2022000282073; NOVEMBER 29, 2022 AS INSTRUMENT NO. 2022000392242; DECEMBER 16, 2022 AS INSTRUMENT NO. 2022000411249, ALL OF OFFICIAL RECORDS.
ACCEPTED AND FILED
AT THE REQUEST OF
CHICAGO TITLE INSURANCE COMPANY
DATE
TIME FEE $
INSTRUMENT NO.
BOOK PAGE
HUGH NGUYEN
COUNTY CLERK -RECORDER
BY
DEPUTY
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY
IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LS-PLACENTIA LLC IN MAY 2021. I HEREBY STATE THAT ALL MONUMENTS ARE
OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
DANE P. MCDOUGALL DATE
L.S. 9297
COUNTY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING
PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT, RELATIVE TO THE TRACT MAP BOUNDARY.
DATED THIS DAY OF , 2023.
KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617
BY: LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR
P.L.S. 8402
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN
CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH.
DATED THIS DAY OF , 2023.
CHRISTOPHER TANIO, P.E. 82756
CITY ENGINEER, CITY OF PLACENTIA
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS WITH
MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR.
DATED THIS DAY OF , 2023.
DENNIS W. JANDA P.LS. 6359
CITY SURVEYOR, CITY OF PLACENTIA
CITY CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF PLACENTIA
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE
CITY OF PLACENTIA AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2023 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY
PASSED AND ENTERED, APPROVE SAID MAP, AND DID ACCEPT ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENTS; THE DEDICATION FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OF: VAN BUREN STREET.
AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF PLACENTIA: THE EASEMENT FOR INGRESS AND EGRESS FOR EMERGENCY AND PUBLIC SECURITY VEHICLE PURPOSES OVER LOT 1, AS DEDICATED.
AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A) OF THE SUBDIVISION MAP ACT.
DATED THIS DAY OF , 2023.
ROBERT S. McKINNELL
CITY CLERK OF THE CITY OF PLACENTIA
COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE
STATE OF CALIFORNIA F SS
COUNTY OF ORANGE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS
AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY,
MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE.
AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE
SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP.
DATED THIS DAY OF , 2023.
SHARI L. FREIDENRICH BY:
COUNTY TREASURER -TAX COLLECTOR TREASURER - TAX COLLECTOR
SHEET 2 OF 3 SHEETS
(ALL OF TENTATIVE
TRACT NO. 19251)
1 NUMBERED LOT
GROSS AREA: 17,467 SQ. FT.
NET AREA: 17,176 SQ. FT.
TRACT NO. 19251
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
DANE P. MCDOUGALL �� S DATES OF SURVEY:
L.S. 9297 CONSULTING, INC. AUGUST 2017, MAY 2021
BASIS OF BEARINGS EASEMENT NOTES
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATION GPS NO. 0478 AND GPS NO. 0477 BEING NORTH 85°31'16" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.
DATUM STATEMENT
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 N.A.D. (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY
0.99999091, (MEAN VALUE).
LEGEND
R1 - TRACT NO. 19104, MM 998/26-30.
R2 - LOT LINE ADJUSTMENT NO. 2022-02 (CORRECTED) RECORDED AUGUST 21, 2023 AS INST. NO. 2023000203498 OF OFFICIAL RECORDS.
R3 - R.S.B. 100/8-13.
ALL DISTANCES SHOWN ARE M&R PER R1 UNLESS NOTED OTHERWISE.
M8cR — INDICATES MEASURED AND RECORD DATA PER R1.
MONUMENT NOTES
O OCS GPS POINT NO. 0477 N 2262935.42 E 6083265.20
FD PUNCHED BOLT & O.C.S. WASHER STAMPED "RCE 6978" DOWN 0.1' AT THE C/L INT. OF ORANGETHORPE AVENUE 8c RICHFIELD ROAD PER TRACT NO. 19104 M.M. 998/26-30.
O
O
O
0 •
•
OCS GPS POINT NO. 0478 N 2263199.66 E 6079891.78
FD SPIKE & 0.C.S. BRASS WASHER STAMPED "RCE 6978" DOWN 0.1', PER TRACT NO. 19104 M.M. 998/26-30.
FD. GEAR S&W, ILLEG., PER R1, DN. 0.2' AT THE C/L INT. OF OAK & VAN BUREN STREETS.
FD. S&W STAMPED "LS 7725" PER R1, FLUSH.
FD. LT&T STAMPED "LS 7725" PER R1.
FD. N&T "LS 7725" IN TOP OF WALL PER R1
FD. GEAR S&W, ILLEG., PER R3, DN. 0.1' AT THE C/L INT. OF SIERRA VISTA AVENUE & VAN BUREN STREET.
FOUND MONUMENT AS NOTED.
FOUND O.C.S. GPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.
O INDICATES 2" I.P. TAGGED "LS 9297", TO BE SET FLUSH; OR N&T "LS 9297" TO BE SET IN TOP OF WALL SECURED WITH EPDXY.
❑ INDICATES 8" S&W STAMPED "LS 9297 MCDOUGALL" TO BE SET IN ASPHALT, FLUSH.
B
C
INDICATES AN INGRESS AND EGRESS EASEMENT FOR EMERGENCY AND PUBLIC SECURITY VEHICLE PURPOSES DEDICATED HEREON TO THE CITY OF PLACENTIA.
INDICATES AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES DEDICATED HEREON TO THE CITY OF PLACENTIA.
INDICATES AN EASEMENT FOR PUBLIC STREET PURPOSES DEDICATED TO THE CITY OF PLACENTIA PER R1.
AN EASEMENT FOR INGRESS AND EGRESS TO ACCESS FACILITIES FOR THE TRANSPORTATION
AND DISTRIBUTION OF NATURAL GAS AND RIGHTS INCIDENTAL THERETO IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY RECORDED MAY 1 1, 2022 AS INSTRUMENT NO. 2022000176296, OF OFFICIAL RECORDS. (LOCATION IS INDETERMINATE FROM RECORD).
AN EASEMENT FOR UNDERGROUND ELECTRIC LINES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JUNE 8, 2022 AS INSTRUMENT NO. 2022000208316 OF OFFICIAL RECORDS.
(LOCATION IS INDETERMINATE FROM RECORD).
AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITY PURPOSES AND RIGHTS INCIDENTAL THERETO IN FAVOR OF PACIFIC BELL TELEPHONE COMPANY, RECORDED JUNE 22, 2022 AS INSTRUMENT NO. 2022000223347, OF OFFICIAL RECORDS. (LOCATION IS INDETERMINATE FROM RECORD).
A NONEXCLUSIVE EASEMENTS IN FAVOR OF HUDSON COMMUNITY ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS, EGRESS AND INCIDENTAL PURPOSES; AND NONEXCLUSIVE EASEMENTS FOR ACCESS,
INGRESS AND EGRESS FOR MAINTENANCE, REPAIR AND REPLACEMENT OF THE PRIVATE STREET PER DOCUMENTS RECORDED AUGUST 18, 2022 AS INSTRUMENT NO. 2022000282073; NOVEMBER 29, 2022 AS INSTRUMENT NO. 20220003922422, ALL OF OFFICIAL RECORDS. (LOCATION IS INDETERMINATE FROM RECORD).
AN EASEMENT IN FAVOR OF LS-PLACENTIA LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR
ACCESS, INGRESS, EGRESS, ENCROACHMENT, SUPPORT, MAINTENANCE, DRAINAGE, REPAIR, AND FOR OTHER PURPOSES; NONEXCLUSIVE EASEMENTS OF ACCESS, INGRESS AND EGRESS OVER THE PROPERTY OF PURPOSES; NONEXCLUSIVE EASEMENT FOR THE INSTALLATION, MAINTENANCE AND REPAIR OF UTILITIES AND RELATED FACILITIES; EASEMENTS FOR BALCONY PURPOSES; NONEXCLUSIVE EASEMENT FOR INGRESS, EGRESS, ACCESS, ENCROACHMENT,
SUPPORT, MAINTENANCE, REPAIRS, DRAINAGE, ENFORCEMENT AND ALL OTHER PURPOSES PER DOCUMENT RECORDED DECEMBER 16, 2022 AS INSTRUMENT NO. 2022000411249, OF OFFICIAL RECORDS. (LOCATION IS INDETERMINATE FROM RECORD).
SURVEYOR'S BOUNDARY NOTE
THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS AND THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAP AS ESTABLISHED HEREON.
SHEET 3 OF 3 SHEETS
(ALL OF TENTATIVE
TRACT NO. 19251)
1 NUMBERED LOT
GROSS AREA: 17,467 SQ. FT.
NET AREA: 17,176 SQ. FT.
JEFFERSON STREET
ORANGETHORPE AVENUE (PLACENTIA YORBA ROAD)
ss 71"
/1/,S09:5 508,C\
Ig33s\ �g3Q CN
0 N>6.01' M&R2
O
N
10 O
N
0 O
z
\
LLN
TRACT NO. 19251
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
DANE P. MCDOUGALL �� S DATES OF SURVEY:
L.S. 9297 CONSULTING, INC. AUGUST 2017, MAY 2021
N85°31'16"W 3383.78' GROUND 3383.75' GRID BASIS OF BEARINGS Eels),
,- 2O212'N. LINE PARCEL 2 OF R2
N89°39' 15'W 145.69' M&R2
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B ABOVE
CITY OF PLACENTIA
SUBDIVISION IMPROVEMENT AGREEMENT
PUBLIC IMPROVEMENTS - TRACT MAP 19251
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into as of this November 21st 2023, by and between the CITY OF PLACENTIA, a Charter City and municipal corporation ("CITY"), and LS -Placentia LLC, a Delaware Limited Liability Company ("DEVELOPER"). In consideration of the approval and recordation by CITY of the final map of the subdivision described below and the mutual covenants and agreements contained herein, CITY and DEVELOPER agree as follows:
A. Recitals.
(i). CITY has previously approved a Tentative Tract Map for Tract No. 19251, in the City of Placentia, California.
(ii) DEVELOPER seeks approval and recordation of a final tract map concerning that certain real property more particularly described in Exhibit "A," attached hereto, pursuant to provisions of the California Subdivision Map Act (California Government Code § 66410, et seq., and CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and CITY ordinances and regulations pertaining to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws."
(iii) In consideration of the approval of a final tract map DEVELOPER desires to enter into this Agreement, whereby DEVELOPER covenants to install and complete, at DEVELOPER'S own expense, all public improvement work required by CITY in connection with the proposed subdivision ("Improvements").
(iv) Improvement plans for the construction, installation and completion of the Improvements have been prepared by DEVELOPER and approved by the City Engineer. (v) All legal prerequisites to the making of this Agreement have occurred.
B. Agreement.
NOW, THEREFORE, in consideration of the approval and recordation of the Final Tract Map identified herein and other good and valuable consideration, receipt of which is hereby acknowledged, DEVELOPER and CITY agree as follows:
1. In consideration of CITY'S approval and filing of Tentative Subdivision Tract Map No. 19104 and Final Tract No. 19251, DEVELOPER undertakes and agrees that it will, at DEVELOPER'S sole cost and expense, make all the Improvements upon and in connection with said Tract in accordance with plans and specifications therefore on file with City ("Approved Plans"), incorporated herein and made a part hereof, and including all conditions of approval
required by the Planning Commission and City Council of CITY ("Conditions") in connection with the various steps leading to approval of said Tentative Tract No. 19251. DEVELOPER further undertakes and agrees upon the same consideration to comply with all ordinances and regulations of CITY, and to do all other and further acts required of it pursuant to this Agreement.
DEVELOPER agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Tract with respect to such Improvements, or to DEVELOPER with respect thereto. DEVELOPER agrees that all such Improvements shall be constructed and completed in accordance with the Approved Plans, City standards as determined by the City Engineer and in accordance with any Conditions as hereinabove referred to, and in accordance with the remaining provisions of this Agreement. In case of any dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties.
2. Subject to the provisions of § 28, below, DEVELOPER shall commence the construction and installation of the Improvements within 90 days from the approval of said map by CITY and shall complete said work within 365 days from the date of execution of this Agreement.
3. DEVELOPER shall acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -of -way, easements and other interests in real property for construction or installation of the Improvements, free and clear of all liens and encumbrances. DEVELOPER'S obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between DEVELOPER and CITY.
DEVELOPER shall also be responsible for obtaining any public or private drainage easements or authorizations.
4. If any of the Improvements and/or land development work contemplated by this Agreement are to be constructed or installed on land not owned by DEVELOPER, no construction or installation shall be commenced prior to:
a. Receipt and conditional acceptance of the offer of dedication to CITY of appropriate rights -of -way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, in form approved by CITY'S City Attorney; or b. The dedication to, and acceptance by, CITY of appropriate rights -of -way, easements or other interests in real property, as determined by the City Engineer; or c. The issuance by a court of competent jurisdiction pursuant to the Eminent Domain Law of the State of California of an order of possession. DEVELOPER shall comply in all respects with the order of possession. Nothing contained in this § 4 shall be construed as authorizing or granting an extension of time to DEVELOPER.
5. DEVELOPER shall at all times guarantee DEVELOPER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows:
2 a. To assure faithful performance of this Agreement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 100% of the estimated cost of the Improvements;
c. To guarantee or warranty the work done pursuant to this Agreement for a period of one (1) year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 25% of the estimated cost of the Improvements; and
d. DEVELOPER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments.
6. The securities required by this Agreement shall be maintained in the Office of the City Clerk. The terms and provisions of the security documents referenced herein are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security, in writing.
7. While no action of DEVELOPER shall be required in order for CITY to realize on its security under any security document, DEVELOPER agrees to cooperate with CITY to facilitate CITY'S realization under any security, and to take no action to prevent CITY from such realization under any such security. Notwithstanding the giving of any security or the subsequent expiration of any security or any failure by any surety or financial institution to perform its obligations with respect thereto, DEVELOPER shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the Improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefore, deliver to City such substitute security as CITY shall require satisfying the requirements in this §
7. 8. DEVELOPER shall, at all times, maintain proper facilities and safe access for inspection of the Improvements by CITY and to the shops wherein any work is in preparation. Upon completion of the work, DEVELOPER may request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with the provisions of this Agreement, then the City Engineer shall certify the completion of the Improvements to the City Council. No Improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in conformance with the Approved Plans, Conditions and CITY standards. DEVELOPER shall bear all costs of plan check, inspection and certification.
3 9. Subject to approval by the City Council of CITY, the securities required by this Agreement shall be released as follows:
a. Security for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof.
b. The City Engineer may authorize release of a portion of the security given for faithful performance of Improvements work as the improvement progresses upon application therefore by the DEVELOPER; provided; however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement.
c. Security to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six (6) months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the City Council of CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in § 5, the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council. e. CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
10. DEVELOPER shall promptly replace, or cause to be replaced, or repair or have repaired, as the case may be, any public improvements, public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. DEVELOPER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
11. DEVELOPER shall, at DEVELOPER'S sole cost and expense, obtain any and all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law. 4 12. Default of DEVELOPER shall include, but not be limited to, DEVELOPER'S failure to timely commence construction pursuant to the provisions of this Agreement; DEVELOPER'S failure to timely complete construction of the Improvements; DEVELOPER'S failure to timely cure any defect in the Improvements; DEVELOPER'S failure to perform substantial construction work for a period of twenty (20) days after commencement of the work; DEVELOPER' S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which DEVELOPER fails to discharge within thirty (30) days after the filing thereof; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or DEVELOPER'S failure to perform any other obligation under this Agreement.
13. CITY reserves to itself all remedies available to it at law or in equity for breach of DEVELOPER'S obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by DEVELOPER. The right of CITY to draw upon or utilize such security is in addition to and not in lieu of any other remedy available to CITY. It is specifically understood by DEVELOPER that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, CITY'S damages due to DEVELOPER'S default shall be measured by the actual cost of completing the required Improvements. The sums provided by the improvement security may be used by CITY for the completion of the Improvements in accordance with the improvement plans and specifications contained herein.
14. In the event DEVELOPER defaults under this Agreement, DEVELOPER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to DEVELOPER and to DEVELOPER'S Surety, and agrees to pay the entire cost of such performance by CITY.
15. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY deems advisable, for the account and at the expense of DEVELOPER, and DEVELOPER'S surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the Improvements and necessary for performance of the work.
16. Failure of DEVELOPER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the property contained within the area of the Final Map or to rescind the approval or otherwise revert said property to acreage. The remedy provided by this § 16 is in addition to and not in lieu of other remedies available to CITY. DEVELOPER agrees that the choice of remedy or remedies for DEVELOPER'S breach shall be within the discretion of CITY. 5 17. In the event DEVELOPER fails to perform any obligation hereunder, DEVELOPER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys' fees.
18. The failure of CITY to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of DEVELOPER.
19. DEVELOPER understands and agrees that by approval of the Final Map, CITY has conferred substantial rights upon DEVELOPER, including the right to sell, lease, or finance lots within the property covered by the Final Map, and has taken the final act necessary to subdivide said property. As a result, CITY will be damaged to the extent of the cost of installation of the Improvements by DEVELOPER'S failure to perform its obligations under this Agreement, including, but not limited to, DEVELOPER'S obligation to complete construction of the Improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by DEVELOPER. DEVELOPER understands and agrees that the determination of whether a reversion to acreage or rescission of the said property constitutes an adequate remedy for default by the DEVELOPER shall be within the sole discretion of CITY.
20. DEVELOPER hereby warrants and guarantees all work hereunder against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to CITY, for a period of one (1) year following completion of the work and acceptance by CITY ("Warranty Period"). During the Warranty Period, DEVELOPER shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Improvements, in accordance with the then -current ordinances, resolutions, regulations, codes, standards, or other requirements of CITY, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty Period shall be at the sole cost, expense, and liability of DEVELOPER and its surety. As to any Improvements which have been repaired, replaced, or reconstructed during the Warranty Period, DEVELOPER and its surety hereby agree to extend the Warranty Period for an additional one (1) year period following CITY'S acceptance of the repaired, replaced, or reconstructed improvement(s). Nothing herein contained shall relieve DEVELOPER from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any such improvement following expiration of the Warranty Period or any extension thereof. DEVELOPER'S warranty obligation under this section shall survive the expiration or termination of this Agreement.
21. Neither DEVELOPER nor any of DEVELOPER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER' S obligations under this Agreement.
22. Until such time as the Improvements are accepted by CITY, DEVELOPER shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed hereunder. Until such time as all Improvements required by this Agreement are fully completed and accepted by CITY, DEVELOPER will be responsible for the care, maintenance of, and any 6 damage to such Improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by DEVELOPER.
23. Nothing contained herein shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other persons for the apportionment of costs of water and sewer mains, or other Improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.
24. Until final acceptance of the Improvements, DEVELOPER shall give good and adequate warning to the public of each and every dangerous condition existing in, about or around said Improvements, and will take all reasonable actions to protect the public from any such dangerous condition.
25. Upon acceptance of the work by CITY and recordation of a Notice of Completion, ownership of the Improvements constructed pursuant to this Agreement shall vest in CITY.
26. DEVELOPER shall defend, indemnify, and hold harmless CITY, and its elected and appointed officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of DEVELOPER, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of CITY, and its elected and appointed officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of CITY as determined by a court or administrative body of competent jurisdiction. DEVELOPER'S obligation to indemnify hereunder shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by CITY, its elected and appointed officials, officers, employees, or agents.
27. Time is of the essence of this Agreement.
28. DEVELOPER shall commence substantial construction of the Improvements required by this Agreement as specified in § 2, above. In the event good cause exists, as determined by the City Administrator or his or her designee, the time for commencement of construction or completion of the Improvements hereunder may be extended. The request for extension shall be made in writing to the City Administrator. Any approval of the extension shall be in writing, 7 executed by the City Administrator. Any such extension may be granted without notice to DEVELOPER'S surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Administrator shall be the sole and final judge as to whether or not good cause has been shown to entitle DEVELOPER to an extension. Delay, other than delay in the commencement of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by DEVELOPER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Administrator may require DEVELOPER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
29. Performance by DEVELOPER of this Agreement shall not be construed to vest DEVELOPER'S rights with respect to any change in any zoning or building law or ordinance.
30. If DEVELOPER fails to construct and install all or any part of the Improvements within the time required by this Agreement, or if DEVELOPER fails to comply with any other obligation contained herein, DEVELOPER and its surety shall be jointly and severally liable to CITY for all administrative expenses, fees, and costs, including reasonable attorneys' fees and costs, incurred in obtaining compliance with this Agreement or in prosecuting any legal action or for any other remedies permitted by law.
31. All notices required or permitted under this Agreement shall be in writing and delivered in person or sent by mail, postage prepared, and addressed as follows:
To CITY:
With a copy to:
To DEVELOPER:
City of Placentia
401 E. Chapman Ave.
Placentia, California 92870-6101
Attention: City Administrator
Christian Bettenhausen
City Attorney
City of Placentia
3777 N. Harbor Blvd
Fullerton, CA 92835
Email [email protected]
LS -Placentia
Attention: Thuan Vo
7525 Irvine Center Drive, Suite 200
Irvine, CA 92618
8 Any such notice, by mail, shall be deemed to have been received by the addressee forty- eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.
32. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees.
33. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
Dated: (0y -12P2
The LS —Placentia LLC.
By:
Name: 1 UAN VO
Title: ASS( 5T1
B :
Name: O AviD
Title: VICE
CoNT
CITY OF PLACENTIA,
A Charter City and municipal corporation
Ward Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Approved as to form:
Christian Bettenhausen,
City Attorney
9 EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF THE NORTH HALF OF LOT THIRTY-SEVEN OF HAZARD'S SUBDIVISION, IN
THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF RICHFIELD FILED IN BOOK 1, PAGE 26, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE STRIP OF LAND 100 FEET
WIDE, BEING THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILWAY AS SHOWN ON SAID MAP
AND CONVEYED TO SAID RAILWAY COMPANY BY DEED RECORDED AUGUST 12, 1893 IN BOOK 81,
PAGE 346, OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VAN BUREN STREET, NORTH 89° 28' EAST 29.50 FEET
FROM THE SOUTHEAST CORNER OF SAID LOT THIRTY SEVEN;
THENCE NORTH 0° 32' WEST, ALONG THE CENTER LINE OF VAN BUREN STREET, 719.83 FEET TO A POINT, SAID POINT BEING DISTANT SOUTH 0° 32' EAST 77.48 FEET FROM THE INTERSECTION OF THE
CENTER LINES OF VAN BUREN STREET AND OAK STREET, AS SHOWN ON THE MAP OF TRACT NO. 144,
RECORDED IN BOOK 12, PAGE 3, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA;
THENCE SOUTH 89° 28' WEST 29.50 FEET TO A POINT IN THE WEST LINE OF SAID VAN BUREN
STREET,
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89° 28' WEST 150.00 FEET TO A POINT; THENCE SOUTH 0° 32' EAST 50.00 FEET TO A POINT;
THENCE NORTH 89° 28' EAST 150.00 FEET TO A POINT IN THE WEST LINE OF VAN BUREN STREET, SAID POINT BEING SOUTH 0° 32" EAST 338.03 FEET FROM THE SOUTHERLY RIGHT OF WAY LINE OF THE ABOVE MENTIONED SOUTHERN CALIFORNIA RAILWAY;
THENCE NORTH 0° 32' WEST ALONG THE WEST LINE OF SAID VAN BUREN STREET, 50.00 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING.
EXCEPTING ALL OIL, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR RECOVERABLE FROM SAID LAND AS RESERVED IN DEED RECORDED SEPTEMBER 19, 1975 IN BOOK
11516, PAGE 386, OF OFFICIAL RECORDS.
APN: 346-164-24
PARCEL 2:
PARCEL 2 AS SHOWN ON LOT LINE ADJUSTMENT NO. 2022-02 (CORRECTED) RECORDED AUGUST 21,
2023 AS INSTRUMENT NO. 2023000 203498, OF OFFICIAL RECORDS, COUNTY OF ORANGE, STATE OF
CALIFORNIA. ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS:
ALL THAT PORTION OF THE NORTH ONE-HALF OF LOT 37 OF HAZARDS SUB -DIVISION, IN THE
CITY OF
PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF RICHFIELD FILED IN BOOK
1, PAGE 26 OF LICENSED SURVEYOR'S MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE STRIP OF LAND 100 FEET WIDE, BEING THE RIGHT OF WAY OF THE
SOUTHERN
CALIFORNIA RAILWAY AS SHOWN ON SAID MAP, AND CONVEYED TO SAID RAILWAY COMPANY BY
DEED RECORDED AUGUST 12TH, 1893 IN BOOK 81, PAGE 346 OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VAN BUREN STREET, NORTH 89 DEGREES 28' EAST,
29,50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 37; THENCE NORTH 0 DEGREES 32' WEST, ALONG THE CENTER LINE OF VAN BUREN STREET 779.83 FEET TO A POINT, SAID POINT BEING DISTANT SOUTH 0 DEGREES 32' EAST, 17.48 FEET FROM THE INTERSECTION OF THE CENTER LINES OF VAN BUREN STREET AND OAK STREET AS RECORDED IN TRACT NO. 144, MISCELLANEOUS MAPS,
BOOK 12, PAGE 3, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89 DEGREES 28' WEST, 29.50 FEET TO A POINT IN THE WEST LINE OF SAID VAN BUREN STREET, THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 28' WEST, 150.00 FEET TO A POINT; THENCE SOUTH 0 DEGREES 32' EAST, 60.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 28' EAST, 150.00 FEET TO A POINT IN THE WEST LINE OF VAN BUREN STREET, SAID POINT BEING SOUTH 0
DEGREES
32' EAST, 288.03 FEET FROM THE SOUTHERLY RIGHT OF WAY LINE OF THE ABOVE MENTIONED SOUTHERN CALIFORNIA RAILWAY; THENCE NORTH 0 DEGREES 32' WEST, ALONG THE WEST LINE OF
SAID VAN BUREN STREET, 60.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
EXCEPTING ALL OIL, PETROLEUM, GAS AND OTHER HYDROCARBON IN, UNDER OR
RECOVERABLE
FROM SAID LAND NOT NOW RESERVED.
TOGETHER WITH THAT PORTION OF LOT 1 PER
TRACT NO. 19104 FILED IN BOOK 998, PAGES 26
THROUGH 30, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A
GRANT DEED TO LANDSEA HOMES OF CALIFORNIA, A DELAWARE CORPORATION, RECORDED SEPTEMBER 9, 2022 AS INSTRUMENT NO. 2022000302913 OF OFFICIAL RECORDS OF SAID COUNTY.
THENCE ALONG THE NORTH LINE OF SAID INSTRUMENT NO. 2022000302913 OF OFFICIAL
RECORDS,
NORTH 89d39'15" WEST A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER THEREOF;
THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID INSTRUMENT NO.
2022000302913 OF OFFICIAL RECORDS, NORTH 0 20'45" EAST A DISTANCE OF 6.01 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 25.08 FEET, A RADIAL LINE
11 OF SAID CURVE FROM SAID POINT BEARS SOUTH 10 --23'39" EAST; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 4.34 FEET THROUGH A CENTRAL ANGLE OF 9. 55'11" TO A POINT ON A LINE 6.45 FEET NORTHERLY OF AND PARALLEL TO SAID NORTH LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 89 39'15" EAST A DISTANCE OF 145.69 FEET TO A POINT ON THE WEST LINE OF VAN BUREN STREET, (29.5 FEET HALF WIDTH), AS SHOWN ON SAID TRACT NO. 19104:
THENCE ALONG SAID WEST LINE SOUTH 0 20'45" WEST A DISTANCE OF 6.45 FEET TO THE POINT OF BEGINNING.
APN: 346-164-23 AND A PORTION OF APN: 346-164-22
12 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity. of that document.
State of California
County of Orange
On November 14, 2023 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Thuan Vo
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.
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.
Signat _ ��u•
i2v-. (Seal)
TER₹ I L. PILIGIAN
Notary Public • California
Orange County
Commission # 2437606
My Comm. Expires Feb 9. 2027
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
)
on November 14, 2023 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared David J. Mello, Jr.
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.
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
(Seal)
TERRI L. PILIGFAH
Notary Public - California
Orange County
Commission ! 2437606
Hy Comm. Expires Feb 9, 2027
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 7, 2023
AGENDA REPORT
SECOND READING AND ADOPTION
Ord No. O-2023-04 Date: 11/21/2023 Item No. 1.m.
First Reading and Approval: 11/7/2023
Reviewed and Approved:
Department Hea
Deputy City Clerk
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
1.m.
Nov 21, 2023
City Council Agenda
November 7, 2023