Agenda packet, regular meeting — Placentia City Council, January 23, 2024 (part 2 of 3)

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

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

IN WITNESS THEREOF, we have hereunto set our hands and seals this 11TH day of JANUARY 2024.
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
is/ Christian L. Bettenhausen
City Attorney
RS CONSTRUCTION & DEVELOPMENT, INC.

Principal
By
Title
ic,e 5 l ciao o4
pi card° Se rri

PHILADELPHIA INDEMNITY INSURANCE COMPANY
Surety
By
ATTORNEY -in -FACT
Title
20 VIN EDWARD VEGA

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PIIILADELPIIIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, docs hereby constitute and appoint Philip E. Veen. Britton Christiansen, Kevin Edward Veen and M Ivrna Smith of C&D Bondine Insurance Services. Inc. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550.000.000.

This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELI'HIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of thc Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal)
Joh A Glomb, President & CEO
Philadelphia Indemnity Insurance Company
On this 5'^ day of March, 2021 before me carne thc individual who executed thc preceding instrument, to me personally known. and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNI'T'Y INSURANCE COVIPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

Commonwealth of Pennlylv4nla • Holm seal
Vmawa Mckenzie, Notary Public
Monlpomary County
My commission expires November 3, 2024
Commission number 1366394
Memoir, Pannlylva•.n As/oclallan or No irirs
Notary Public:
y rz�-1 Ync—r✓� .e1�
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney thc duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 11th day of January Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
2024

CALIFORNIA ALL-PURPOSE 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 LOS ANGELES
On January 11th, 2024
}
} ss.
}
before me, PHILIP VEGA, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared KEVIN EDWARD VEGA

PHILIP VEGA
Notary Public - California
Los Angeles County
Commission :2327592
My Comm, Expires May 31, 2024 J
Place Notary Seal Above
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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:
7 ure of Notary Public

OPTIONAL
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Description of Attached Document
Title of Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner - 0 Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:

Signer is Representing:

Rioht Thumbprint of Sinner
Top of thumb here
CA\DD\02000.50111\10151761.2 22
event fraudulent removal
Number of Pages:

Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner - 0 Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:

Signer is Representing:

Rioht Thumbprint of Sinner
Too of thumb here
(UPDATED: 01-19)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 . ' L g"aUWalkYaeat f t aala iii"-. F , ' s' - "•
.*4 ..c' •rasa ..

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 -)1('(Y1
1 On—cAnutotry [1 P 2.0 2U before me, LCi ( odri (me r j 1 1-41`1 Dii)2// Date Here Insert Nathe and Title of the Officer
personally appeared -K-01 rd.0 ,C'2 rV 'Cl
Na aeA, o Sigpez(V
who proved to me on the basis of satisfactory evidence Q be the person() whose namels are subscribed to the within instrument and acknowled to me thattie'lshe/they executed the same in i er/their authorized capacity(ipS), and that by er/their signatureVon the instrument the person(), or the entity upon behalf of which the persop(5) acted, executed the instrument.

LUCIA RODRIGUEZ
Notary Public • California
San Bernardino County
Commission # 2471627
My Comm, Expires Nov 14, 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature 7U.v`.EA ()dk
Signature of N ry P lic

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
❑ Trustee 0 Guardian of Conservator
O Other:

Signer is Representing:
©2017 National Notary Association
Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):

O Partner — ❑ Limited 0 General
❑ Individual 0 Attorney in Fact
O Trustee 0 Guardian of Conservator
O Other:

Signer is Representing:

Project No. 5307

Page 1 of 1 ends

(Use of City form is required)

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

Rs Dvi,$)-nx-i-fOo IpeglioPnienfi
Business Address:

Telephone Number:

Date:

Print Name:

Signature:
a 18 West 5irec-I-
Ntamo rP • qn-(e2.

NJ 617,0
1-1. zozit
ward 6.11710
Principal
Ttt1e /
Prcmthyri-
21 Project No. 5307

TAX IDENTIFICATION NUMBER

Page 1 of 1 ends

(Use of City form
is required)
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.

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

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

CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870 ��hh
Exempt: YesNg Telephone 60 )'Trill '`/q /
CORPORATION: Q\ drAdzSietrvoluyi. 4 weioPI ' of T-1(
U.S.A. OR ANY AGENCIES THEREOF: IV / P—
IRS CODE #501 TAX-EXEMPT ORGANIZATION: Ni( IA-
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE: 10 / 1�
SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER:

Signature
22 Date:
(Explain)
I fo ./W2

EXECUTED IN 3 ORIGINAL COUNTERPARTS
BOND NUMBER: CE11842000048
Project No. 5307

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to RS CONSTRUCTION & DEVELOPMENT INC., a California corporation (hereinafter "Principal"), an Agreement, dated January 23, 2024 ("Agreement") whereby Principal agreed to provide construction services including ADMIN OFFICE AREA IMPROVEMENTS PROJECT WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, * ., as Principal, and ** as Surety, are held and firmly bound unto the City in the sum of ONE HUNDRED THIRTY THOUSAND NINE HUNDRED & 00/100 Dollars ($130,900.00) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

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

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

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

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction 23 * RS CONSTRUCTION & DEVELOPMENT, INC.
** PHILADELPHIA INDEMNITY INSURANCE COMPANY

Project No. 5307
Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

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

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 11THday of JANUARY 2024 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By
KEVIN EDWARD VEGA, ATTORNEY -in -FACT
(Seal)

PRINCIPAL
By��c� p carcio Smcu/Presideri--
534 E. BADILLO ST. 218 WEST E. STREET
COVINA, CA 91723
ONTARIO, CA 91762

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

CITY ATTORNEY

INSTRUCTIONS
Corporations.

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

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

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

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

4. The bond, after approval, must be filed with the City Clerk of the City of Placentia. 24 PHILADELPIIIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PI IILADELPIIIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Philip E. Veea, Britton Christiansen, Kevin Edward Veen and N4vrna Smith of C&D Bondine Insurance Services. Inc. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, rccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550.000.000.

This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY an the 14u of November, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. •
(Seal)
Joh A Glomb, President & CEO
Philadelphia Indemnity Insurance Coinpany
On this 5" day of March, 2021 before me carne the individual who executed thc preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

QommonwslItn 01 Penniyiranla • NOW/ seal
Vanessa Mcicanzle, Notary Public
Montgomery County
My commission esaires Novemba r 3. 2024
Commission number 1366394
Nemeer, PanniylVa'asioclatIan$1 Notaries
Notary Public:
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney thc duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whcrcof I have subscribed my name and affixed the facsimile seal of each Company this 11th day of January Edward Sayago, Corporate Secretary

PHILADELPHIA INDENINITY INSURANCE COMPANY
2024

State of California }
} ss.

County of LOS ANGELES }
On January llth, 2024 before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer
personally appeared KEVIN EDWARD VEGA

PHILIP MEGA
Notary Public • California
bps Anpalvs County
Ct9ftIRllMflpn p 2327592
My Comm, Expires May 31, 2024
Place Notary Seal Above
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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
Signature:

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docud could prevent fraudulent removal and reattachment of this form to another document.
cial seal.

Signature of Notary Public
Description of Attached Document
Title of Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Number of Pages:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual 0 Individual
❑ Corporate Officer Title(s): 0 Corporate Officer Title(s):
❑ Partner - ❑ Limited 0 General ❑ Partner - 0 Limited ❑ General ❑ Attomey in Fact Riaht Thumbprint of Signer 0 Attorney in Fact ❑ Trustee Too of thumb here 0 Trustee
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: 0 Other:

Signer is Representing:

CA\DD\02000.50111 \10151761.2
Signer is Representing:

Riahl Thumbprint of Sianer
Top of thumb here
22 (UPDATED: 01-19)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 � ...VrYeS, titi T' vwVb'e,{ 1f6.3 .T itrit.'_-"Y.C. '. }4£:::Ati 'n i:'�:�,`S.�`.:lt'�.

State of California
County of •C:hil R -Pr 1711'd(f In
On>r\fuAr"1 fiQa 2_()24 before me, l��C(Ci i2-()cirir,l,�c�Zi NIO1rAry Puhll(, Date(� ( Here Insert Numb- and Title of the Officer
�.
personally appeared I.r ill rd o .C'Q rna
}
Name(I) of Signer's)
who proved to me on the basis of satisfactory evidence to be the person(') whose name to the within instrument and acknowl-.!ed to me that Ehe/they executed the same in authorized capacity(iL), and that by er/their signatures) on the instrument the person upon behalf of which the persorV acted, executed the instrument.

LUCIA RODRIGUEZ
Notary Public • California
San Bernardino County
Commission N 2471627
My Comm. Expires Nov 14, 2027
Place Notary Seal and/or Stamp Above
re subscribed
her/their
), or the entity
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.

Signaturg,LCX9l
Signature of Not

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❑ Other:

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02017 National Notary Association
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❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
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❑ Trustee ❑ Guardian of Conservator
❑ Other:

Signer is Representing:

Project No. 5307

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

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

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

On J I if "'11Z"I at X; alio California.

Firm r6.1.)17,;0)0 0)0 WIC
Street Ul l I V d.C� i/ 5-t1 0
City DI 7 VI' `DState
25 CAnaMuS*IahireFidevi-,)
(Print Name & Title)

Project No. 5307

EXHIBIT A

SCOPE OF SERVICES
The project includes providing all labor, materials, equipment, tools and incidentals as required for a complete tenant improvement and remodeling of existing office space area in the Administration Office Area at City Hall. The scope of work includes remodeling approximately 813 square feet of administration office space by providing three new offices and modifying two existing offices with new store front system, with new paint and base to match existing conditions.

All work must be performed in accordance with the approved plans and specifications for this project.
26 SECTION C

PROPOSAL
for the

ADMIN OFFICE AREA IMPROVEMENTS
CITY PROJECT NO. 5307
in the

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

In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described on the Bid Documents and depicted in Appendix I. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within thirty (30) working days, starting from the date of the Notice to Proceed or liquidated damages of $500 per workday will be applied.

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

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

C-1

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

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

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

Addenda Date Received Bidder's Signature
No.
* 2 L . 4 - A - -- ..-_
4 3 1- Lf- 2y
C-2

BID SCHEDULE FOR

ADMIN OFFICE AREA IMPROVEMENTS
CITY PROJECT NO. 5307
BID "A" SCHEDULE
ITEM
NO. ITEMS DESCRIPTION
1- Admin Office Area Improvements project
per the complete Contract Documents,
including reports, Drawings, Plans and
Technical Specifications, for a complete job
per the latest City, State and Federal Codes
and Standards. (includes all necessary
permits needed to complete the job)
ITEM
NO.

QUANTITY UNIT
1 UNIT PRICE TOTAL
LS $ 07/Zia) $ 11 7, c -/d c�
TOTAL BID "A" PRICE WRITTEN IN FIGURES: $ I / 7 . II
TOTAL BID "A" PRIC WRITTEN IN WORDS: bre honcii'' __L 5.eu » -ThoVnaYA Svf hundred °v(Jao
ADDITIVE BID "B" SCHEDULE
(KITCHEN AND STORAGE CLOSET IMPROVEMENTS)

ITEMS DESCRIPTION

1. Demolition and office improvements to the
kitchen area and storage closet between
the Mayor's Office and Council Chambers
per Addendum #3, for a complete job per
the latest City, State and Federal Codes
and Standards. (includes all necessary
permits needed to complete the job)

QUANTITY UNIT
1 UNIT PRICE TOTAL
LS $ lg, COb $ 13 iS 0b
TOTAL ADDITIVE BID "B" PRICE WRITTEN IN FIGURES: $ ' 3 ' U7' TOTAL ADDITIVE BID "B" PRICE W RITTEN IN WORDS: ±r f)1 tho1 Quo ! y h 114dn1 { Ire//Q 1
GRAND TOTAL BID "A" + ADDITIVE BID "B" PRICE WRITTEN IN FIGURES:
/3 5, CO
GRANDTOTAL BID "A"+ DDITIVE BID "B" PRICE Wtart'EN IN WORDS:
�1 Liv,e,111--k k i v �, H -k s v.t v..E. k uvx r i.

NOTE: The GRAND TOTAL BID "A" + ADDITIVE BID "B" PRICE shall be used as the basis of bid in determining the low bid for this project. The City reserves the right to include or remove the kitchen and storage closet improvements that makes up the additive bid schedule.

C -3(a)

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

Portion Name and Address of Subcontractor
of Work
•&lore -frail- plafrnv(vl etas cUv vallc✓)
• H lass 14 2 3 620-hz ( A-ve c 11vq tlinf
Crlino Da • 9 /7/0
Stencil /3/asp US
and P. G 00, //9G Jt/`msrf ,fact, as • 9O) 2
By submission of this proposal, the Bidder certifies:

State License Class
Number
/0917.1-9 e-/7
Ams424,a e51/0G

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

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

C-4

NONCOLLUSION AFFIDAVIT

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

County of Orange
R loAr iO .Tc , being first duly sworn, deposes and says that he or she is -Preslatm- of Ccvt6in,chai kiktOtellfhe party making
the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. pj coact.,`�.�' ryl QDvatpreigti 12, 21)0 SeAr c\
Name of Bidder
Signature of Bidder
lg VkifSt s -F. Cv14A210 N4 -et z
Address of Bidder
Subscribed and sworn to before me this day of , 20 _

NOTARY PUBLIC
See Attached Certificate

NOTARY SEAL

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of .Can r)) . -e Y f Di lyd f
On G` r 2-0 24 before me,
ate r [�
personally appeared g 1 l (Ara .l P k n64
1 1 o. -o rk r i o ,il✓ 7 , ,1MI(7 t"Ar Yui
Here Insert Name and Title of the Off' r
Atornefs}-af
who proved to me on the basis of satisfactory evidencerZ be the person('whose name : ' are subscribed to the within instrument and acknowledged to me thatshe/they executed the same in • her/their authorized capacityAels), and that by is er/their signature on the instrument the personl,S), or the entity upon behalf of which the personksJ acted, executed the instrument.

LUCIA RODRIGUEI
Notary Public • California
San Bernardino County
Commission Of 2471627
My Comm. Expires Nov 14, 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature LGl
Signature of No irc

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

C ec-+ument-Pct
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual
❑ Trustee
O Other:

Signer is Representing:
❑ Attorney in Fact
❑ Guardian of Conservator
©2017 National Notary Association
n lumber oLP-ages:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian of Conservator
❑ Other:

Signer is Representing:

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

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

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

Date: l• $ ' 2 0 2-1-1
C-6
RS Colis-1-nx-lion Deglopnvoi The
Contractor
ILirdo 5),M
By
Pres 00(11
Title

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

QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
❑ Yes >(\lo
If the answer is yes, explain the circumstances in the space provided.

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

C-7

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

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

Date: I-66'211
C-8
Cans+rvc-hon
Contractor
QVOI(C10512"la
By
Pre5024
Title

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
125 ricridti or' evQ1,opnwp-1, Ovr
Bidder Name
I$ Wesi sATee-;-
Business Address
171-1-6 o Ca 11113(0 1C1 °I (1- 10 2
City, State Zip
(itC1) q2b - l (Q1
Telephone Number
2[Q&vdc7 5v►q
Contact Name
1000531-u5
Contractor's DIR Public Works Registration Number
100qaci 13/
State Contractor's License No. and Class
1- 11-2015
Original Date Issued
lo -5I- 2025
Expiration Date
The work site was inspected by CIV4SS El'1'1[77of our office on _I iOV. c7111, 2023 The following are persons, firms, and corporations having a principal interest in this proposal:
lear610 /Yla piesidevi /las Coves -b z4tovi
(%(e.

C-10

The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 125 kvi A cloys 4 `NUofopmP T.vie
Company Name
Signature of Bidders
Printed or Typed Signature
Subscribed and sworn to before me this day of

NOTARY PUBLIC
20 See Attached Certificate

NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:
- -10L 5t V! A i.�l-Ha0V. I i4 a4- he `,000 h�} jctn errlcr re] I� p Name and Address of Public Agency
�Vc� opt)
�U
Name and Telephone No. of Project Manager: ecl � �1 �' �D - o otici 1(40,600 2emode,1 I 3i a3
Contract Amount Type of Work Date Completed
z. C,111) o f-- U lancl
Name and Address of Public Agency
Name and Telephone No. of Project Manager: fq1t1 kard Stili derie 000 a II -g ilD Iail 1ioxo
Contract Amount
ar_ I_r J011141 o
Name and Address of Por lic Agency
In-j-,evicy Pay Ren oac • /5.23
Type of Work r �D ate Completed
—E k GL2 5- h1 C4
uILI 7-1
( 2Syy
nt
Name and Telephone No. of Project Manager:
itp I, UD
Contract Amount
Type of Work
C-11
Date Completed

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ni idMO MAi' 3a. #tri* i i i iistrsr sr: sY08.: 30+ 3; atilitais ' s : a tfaits 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 y� In rye r 1fio rd (Yl o
On before me, L u P , V]tAiL(A1it;7. kiareArii rU[tiv.2.

Date Here Insert NaMe and Title of the Officer
personally appeared c d h corms
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidencebe the person ) whose name to the within instrument and acknowledged to me that eoshe/they exec ed the same in authorized capacityfigj, and that by his/her/their signature(} on the instrument the person upon behalf of which the person(s) acted, executed the instrument.

LUCIA RODRIGUEZ
Notary Public - California A
San Bernardino County
Commission N 2471(127
My Comm. Expires Nov 14, 2027
Place Notary Seal and/or Stamp Above
are subscribed
her/their
, or the entity
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 r 1r4CA2.A h•i�iil
Signature of Not

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual
❑ Trustee
❑ Other:

Signer is Representing:
❑ Attorney in Fact
❑ Guardian of Conservator
©2017 National Notary Association
Numoer or rages:
lic
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
O Trustee ❑ Guardian of Conservator
❑ Other:

Signer is Representing:

RESPONSIBLE BIDDER — SUPPLEMENTAL QUESTIONNAIRE

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

2. What is your firm's Average Gross Revenue for the last three years? $ alzu1312.(01

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

Case Number Bankruptcy Court Date Filed

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

N(
Case Number
Bankruptcy Court Date Filed

5. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes

6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner?
12 'Yes
0 7. Has your frm ever defaulted on a construction contract? ❑ Yes No
If "yes," explain on a separate page.

8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
C-12

❑ Yes
If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action.

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

10. In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes 175. No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).

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

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

13. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?
❑ Yes N

14. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any pu{lc agency or entity?
❑ Yes No
C-13

15. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ YeXNo
If "yes," explain on a separate page, including identifying who was convicted, the name of the victim, the date of the conviction, the court and case number, the crimes, and the grounds for the conviction.

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

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

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

19. Has CAL OSHA cited and assessed penalties against the General Contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years?
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.)
❑ Yes )Jo
If "yes," on separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any OSHAB decision.

20. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the General Contractor or its associates in the past five years? (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) ❑ Yes UfNo
C-14

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

21. Has there been more than one occasion during the last five years in which the General Contractor or its associates was required to pay either back wages or penalties for failure to comply with the state's prevailing wage laws?
Cl Yes
If "yes," on separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed.

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

C-15

DESIGN ENGINEER MAY NOT BID ON

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

ACKNOWLEDGED this day of C lalnk) u , 2024 at
as V. (7vQO 0A16)414.6 UriTh-
Authorized Signature
Tgesrlicot
Position
CO 440)1 DA/e1CM4 /171e
Company
C-16

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

ACKNOWLEDGED this day of c \CIYILia , 202ciat 1(Cb
o4ar2(D 014-, OrlIfiZ
AtIttrarifea Signature
Yigi den\
Po§ition
NincAvily\
Company
C-17

CITY OF PLACENTIA

ADMIN OFFICE AREA IMPROVEMENTS
CITY PROJECT NO. 5307
DATE: November 30, 2023
SUBJECT: Addendum # 1
ADDENDUM ACKNOWLEDGMENT:

Firm Name: S C011-1-WG-ian 4 tbketo l-ovi4- TXIC
Authorized Signature
Date: I— ! -
Acknowledgment of Receipt of Addendum # 1 is required by signing.

Page 6 of 6 ends

CITY OF PLACENTIA

ADMIN OFFICE AREA IMPROVEMENTS
CITY PROJECT NO. 5307
DATE: December 4, 2023
SUBJECT: Addendum # 2
ADDENDUM ACKNOWLEDGMENT:

Firm Name:

Rs aovis-iruc6\A '23,Aa1q0r►0,4I- Trib
Authorized Signature:

Date: I 'Q` ( 0t94
Acknowledgment of Receipt of Addendum # 2 is required by signing.

Page 3 of 3 ends

CITY OF PLACENTIA

ADMIN OFFICE AREA IMPROVEMENTS
CITY PROJECT NO. 5307
DATE: January 4, 2024
SUBJECT: Addendum # 3
ADDENDUM ACKNOWLEDGMENT:

Firm Name: PS C l&X Wh' - ar-PiOpfra44-1- _ry1C
Authorized Signatur
Date: 1-q,(2.1)24
Acknowledgment of Receipt of Addendum # 3 is required by signing.

Page 6 of 6 ends

Project No. 5307

EXHIBIT B

SCHEDULE OF PERFORMANCE
All work must be complete within thirty (30) working days from the issuance of the Notice to Proceed.
27 ACORO"
RSCONST-01

CERTIFICATE OF LIABILITY INSURANCE
CLEPE

DATE (MMIDDIYYYY)
1/11/2024
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 certlflcate 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 certlflcate does not confer rights to the certificate holder In (leu of such endorsement(s).

PRODUCER
Milik & Associates Insurance Services Inc.
917 S. Village Oaks Dr.

Covina 91724
1 mecT Christopher Lepe
PHONE
(AIC, No, Ext): (877) 468-2233
ADDDREDRE SS:

Ainfotmilikinsurance.com
(PJC, No):(877) 468-2232
INSURER(SI AFFORDING COVERAGE 1 NAIC#
INSURERA : RLI Insurance Co.

INSURED INSURER B : Contractors Bonding & Ins Co 37206
INSURER C :

INSURER D :

INSURER E :

INSURERF:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR ADDLTYPE OF INSURANCE IVSD SUER POLICPOLICY NUMBER I M DDNYEYYI IMM DDNYEYYI LIMITS

LTR INSD WVD M
R5 Construction & Development, Inc
218 West E. Street
Ontario, CA 91762

A X COMMERCIAL GENERAL LIABILITY
X

CLAIMS -MADE X OCCUR
Owner's & Contractor
GEN- 'L AGGREGATE LIMIT APPLIES PER.

X POLICY 78f LOC
OTHER

B AUTOMOBILE LIABILITY
B

ANY AUTO
AURED

TOSDONLY X AUTOS SCHEDULED

X AUTOS ONLY AUTOS ONLY

UMBRELLA LIAB X

X EXCESS LIAB
DED I RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER1EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes. descnbe under
DESCRIPTION OF OPERATIONS below
OCCUR

CLAIMS -MADE
Y
N/A
RKA0400332
2/11/2023 2/11/2024
CKA0400470 2/11/2023 2/11/2024
CKA0400471 2/11/2023 2/11/2024

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL &ADV INJURY

GENERAL AGGREGATE

PRODUCTS- COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY` Per accident)
(PePRrOPERTdent)Y DAMAGE
aca

EACH OCCURRENCE

AGGREGATE

ISTATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L DISEASE - EA EMPLOYEE $
E.L DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached If more space Is required) *30 day notice of cancellation except in the event of nonpayment 10 day notice of cancellation RE: 401 East Chapman Avenue, Placentia, CA, 92870.

CERTIFICATE HOLDER
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870

CANCELLATION
1,000,000
300,000
5,0001
1,000,0001
2, 000, 0001
2,000,0001
1,000,000
1,000,0001
1,000,0001
1,000,0001
l
1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

ACOREP

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDDIYYYY)
01/11/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER
Golden Capital Insurance
21800 Burbank Ave., #240
WaHills, CA6 91367
Phone:oodl(81nd 8) 654-6985 Fax: )

INSURED

RS CONSTRUCTION & DEVELOPMENT INC
218 West E Street
Ontario
CA 91762 -
CONTACT Mike Shirazi
NAME:
[(AIC. No. PHONE EX11: () 818 654-6985 I FAX
IANC. Nol:

E-MAIL
ADDRESS:

INSURER A :

INSURER e
1 INSURER C:

I INSURER D :

INSURER E
Ij INSURER F
[email protected]

INSURER(S) AFFORDING COVERAGE
Palomar Specialty Insurance Company
NAIC #
20338
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR -ADDL'SUBR. POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE iNRD__NOp POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

PRO-
JECT
POLICY
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED
AUTOS

HIRED AUTOS
LOC
riSCHEDULED
AUTOS

NON -OWNED
AUTOS
UMBRELLA LIAR f OCCUR

EXCESS LIAR I CLAIMS -MADE
DED I I RETENTION $

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
IY
NIA
X PSIC07013181-01
09/01/2023
EACH OCI`URRENCE

DAMAGE TO RENTED
PREMISES IEa occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
IEa accident)
I BODILY INJURY (Per person) $
I BODILY INJURY (Per accident) $
PRO(Per accidentPERTY DAMAGE $
)
$
EACH OCCURRENCE $
I AGGREGATE $
I$
09/01/2024 X I STATUTE I I EERH I
1 E.L. EACH ACCIDENT JJI $
1 E.L. DISEASE - EA EMPLOYEEI $
E.L. DISEASE - POLICY LIMIT 1 $
I$
I$
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CSLB# 1005429
Project Address: 401 East Chapman Avenue, Placentia CA 92870 A Waiver of subrogation is in favor of the City of Placentia. Endorsement form attached.

CERTIFICATE HOLDER
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870

CANCELLATION
1,000,000
1,000,000
1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
LAtelud J,/
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC ON 04 WS A
(Ed. 01-19)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration.

Person or Organization
Blanket Waiver of Subrogation
Schedule
Job Description
As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:09/01/2023
Insured RS Construction &
Development, Inc. dba RS
Construction Services
WC ON 04 WS A (Ed. 01-19)
Print Date: 8/30/2023
Policy No.: PSIC07013181 - 01 Endorsement No.:

Insurance Company Palomar Specialty Insurance Company
Countersigned By

Placentia Cit Council

GENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JANUARY 23, 2024
SUBJECT: APPROVAL OF PLANS & SPECIFICATIONS PREPARED BY THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION AND AWARD OF CONSTRUCTION
CONTRACT TO GUILLS INC., DBA: INTEGRITY LANDSCAPE AND CONCRETE

FOR LANDSCAPE RENOVATION AND RELATED SITE IMPROVEMENTS ON STATE ROUTE 57, AND AMENDMENT NO. 3 TO THE COOPERATIVE ART AGREEMENT WITH CALTRANS FOR PUBLIC ART PROJECT NO. 1206 FISCAL
IMPACT: EXPENSE: $ 534,395.69 TOTAL CONSTRUCTION CONTRACT AMOUNT $ 53,439.57 TOTAL CONSTRUCTION CONTINGENCY AMOUNT
$ 587,835.26 TOTAL AMOUNT

AVAILABLE
BUDGET: $ 587,835.26 FISCAL YEAR 2023-24 CIP BUDGET (101206-6730) SUMMARY:

Caltrans has allocated funding to the City for two (2) public art projects located within Caltrans right-of-way in Placentia. With the completion of both public art projects, the City looks to improve the landscape area around one of the art pieces. The City Council previously approved the recommended public art sculpture proposed by Cliff Garten Studios to be placed at the off/on ramp interchange of the 57 Freeway at Orangethorpe Avenue. This construction project will improve the landscape area 0.2 miles north from Miraloma Avenue Undercrossing to Placentia Avenue Undercrossing as well as the on/off ramps at Orangethorpe Avenue. Construction plans for the landscape renovation were prepared by Caltrans and Staff solicited competitive bids from contractors to clear and grub the area and to plant new materials, install hardscape and improve irrigation. Seven (7) bids were received for this work. Guilts Inc., was determined to be the lowest responsive and responsible bidder. Amendment No. 3 to the City's Art Cooperative Agreement with Caltrans is presented for Council consideration as well. The proposed amendment increases the maximum allowable reimbursement amount from Caltrans to cover the cost of the landscape renovation project. Caltrans will cover 100% of the cost of this project with no matching contribution required from the City.

RECOMMENDATION:

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

1. Approve the landscape improvement plans prepared by Caltrans and approve a Public Works Agreement with Guilts Inc., to landscape and improve the area on Route 57 in the amount of $534,395.69; and

1.f.

Jan 23, 2024

City Council Agenda
January 23, 2024

Page 2 of 4 ends

2. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $53,439.57, for a total construction contract not -to - exceed amount of $587,835.26; and

3. Adopt Resolution No. R-2024-02, 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

4. Authorize the City Administrator to approve Amendment No. 3 to the Cooperative Art Agreement with Caltrans increasing the allowable project reimbursement amount; and

5. Authorize the City Administrator to approve all agreements in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific Strategic Planning Goal or Objective associated with this agenda item.

DISCUSSION:

The California State Department of Transportation (Caltrans) allocated $650,000 to the City for public art displays under the State's Clean California Program signed into law by the Governor in 2021. This program provides funding Statewide for public right-of-way clean up and beautification efforts along with the installation of public art pieces. In coordination and cooperation with the City, Caltrans is funding the cost to fabricate and install a new gateway monument art piece on State property at the 57 Freeway on/off ramps at Orangethorpe Avenue. In addition, they funded the cost to commission two (2) murals that were painted on the paved slopes beneath the freeway at the Crowther Avenue intersection. The murals were completed in April of last year.

On June 20, 2023, City Council approved the construction of a concrete pedestal for an art piece on Route 57. This pedestal construction and sculpture installation is nearing completion and the landscaped area surrounding the art piece as well as the freeway shoulders up to Placentia Avenue needs to be improved and beautified.

On December 14, 2023, seven (7) bids were received for this project as noted in the table below:

Contractor Bid Amount
Guilts Inc. $534,395.69
Superb Engineering $544,728.00
Kormex Construction, Inc. $578,555.00
SGD Enterprises $588,459.12

City Council Agenda
January 23, 2024

Page 3 of 4 ends

IMR Incorporated
Los Angeles Engineering, Inc.

KASA Construction Inc.
$608,976.28
$1,446,154.00
$1,895,630.00
After reviewing the bid proposals received, it was determined that Guills Inc. dba: Integrity Landscape and Concrete submitted the lowest responsive and responsible bid. Based upon Integrity Landscape and Concrete's reference check and submitted bid, Staff recommends awarding a construction contract to Integrity Landscape and Concrete to improve and landscape the area on Route 57.

FISCAL IMPACT
The total construction cost for the clearing, grubbing, and planting, hardscaping, and irrigating amounts to $534,395.69. This cost consists of the bid amount submitted by Integrity Landscape and Concrete in the amount of $534,395.69, and a construction contingency in the amount of $53,439.57. Resolution No. R-2024-02 (Attachment 3) is recommended for approval to appropriate additional funds towards the cost of the project. Funds to cover the cost of the landscape improvements have been budgeted in the FY 2023-24 Capital Improvement Program Budget. Caltrans will cover 100% of the cost of this project and related improvements. The attached Amendment 3 to our Cooperative Art Agreement with Caltrans will increase the maximum allowable reimbursement amount to cover the cost of the landscape improvements.

The reimbursement of costs related to the murals and sculpture are already accounted for in the cooperative agreement. Accordingly, sufficient funds exist for the recommended actions.

Luis Estevez
Deputy City Administrator
Reviewed and approved:

Damien R. Arrula
City Administrator
Reviewed and approved:

4./t_
Jennife, Lampman
Director of Finance

City Council Agenda
January 23, 2024

Page 4 ends

Attachments:

1. Public Works Agreement with Guilts Inc.

2. Amendment No. 3 to Art Cooperative Agreement

3. Budget Amendment Resolution No. R-2024-02

Project No. 1206

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR
LANDSCAPE RENOVATION PROJECT ON ROUTE 57
THIS AGREEMENT (herein "Agreement"), is made and entered into this 23RD day of January, 2024 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and Guilts Inc. DBA Integrity Landscape and Concrete_ (herein "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of landscape renovation project on Route 57; 0.2 mile North of Miraloma Avenue undercrossing to Placentia Ave undercrossing as set forth more fully in this Agreement.

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

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

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

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

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Guilts Inc. dba Integrity Landscape and Concrete a (California corporation, partnership, individual) located at 313 E Orange Grove Blvd, #290, Pasadena, CA 91104.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth 1 Project No. 1206
in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

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

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

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

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

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall 2 Project No. 1206
immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.

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

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

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

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

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

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

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

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

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement. 3 Project No. 1206

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $40,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.

Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5. Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.

Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Five Hundred thirty-four thousand three hundred ninety-five Dollars and 69/100 ($ 534,395.69) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the 4 Project No. 1206
contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than January 23, 2025, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

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

Juan M. Munoz, President of Guilts Inc dba Integrity Landscape and Concrete It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be 5 Project No. 1206
replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

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

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

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

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

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Project No. 1206

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and' if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, INDEMNIFICATION AND BONDS

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870. 7 Project No. 1206
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.

The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.

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

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

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

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

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

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged 8 Project No. 1206
to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City.
(d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
9 Project No. 1206

6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

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

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

7.0 RECORDS AND REPORTS

7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.

For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 10 Project No. 1206

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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

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

8.0 GENERAL PROVISIONS

8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long 11 Project No. 1206
as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.

8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 12 Project No. 1206

8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

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

To City:

To Contractor:

City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn: Luis Estevez
Guilts Inc. DBA Integrity Landscape and Concrete
313 E. Orange Grove Blvd, #290
Pasadena, CA 91104
Attn: Juan M. Munoz
Phone (909) 479-0079

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

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

Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 13 Project No. 1206

8.13 Covenant Aaainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

8.16 Hiring of Illeaal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E-Verifv. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e-verify.uscis.gov/enroll . Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the 14 Project No. 1206
effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.

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

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

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

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

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

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

8.21 Leaal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
15 Project No. 1206

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

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

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

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

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

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

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

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

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

8.26 No Third Party Beneficiary Riahts. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this 16 Project No. 1206
Agreement.

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

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

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

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.

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

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

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Damien R. Arrula, City Administrator
ATTEST:
17 Date:

Project No. 1206
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

CONTRACTOR: Guilts Inc DBA Integrity Landscape and Concrete Signature
Name and Title (Juan M. Munoz, President)
Social Security or Taxpayer ID Number
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Luis Estevez, Deputy City Administrator

DEPARTMENTAL APPROVAL
Luis Estevez, Deputy City Administrator
18 Date:

Date:

Project No. 1206
19 Project No. 1206

Page 1 of 2 ends

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

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

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

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

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

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

Project No. 1206

Page 2 of 2 ends

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

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

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

Project No. 1206

Page 1 of 1 ends

(Use of City form is required)

Business Address:

Telephone Number:

Date:

Print Name:

Signature:

Principal
Title

Project No. 1206

TAX IDENTIFICATION NUMBER

Page 1 of 1 ends

(Use of City form
is required)
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.

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

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
( )

Project No. 1206

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

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

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

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

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

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

Guarantor
Contractor:

Title:

Date:

By:

Project No. 1206

STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

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

Project No. 1206

EXHIBIT A

SCOPE OF SERVICES

Project No. 1206

EXHIBIT B

SCHEDULE OF PERFORMANCE

Project No. 1206

EXHIBIT C

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

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

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

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

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

Project No. 1206
General Aggregate shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a

Project No. 1206
subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
• Required Evidence of Coverage:

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

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

3. Properly completed Certificate of Insurance; and

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

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

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

2. Properly completed Certificate of Insurance.

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

Project No. 1206
• CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.

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

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

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

3. Properly completed Certificate of Insurance.

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

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

Project No. 1206
G. Documentation
• The Certificate of Insurance shall include the following reference: Guilts Inc DBA Integrity Landscape and Concrete
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

Project No. 1206

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

Project No. 1206

EXHIBIT E

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

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

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

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

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

SECTION C

PROPOSAL
for the
LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

TO PLACENTIA AVENUE UNDERCROSSING
in the

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

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

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

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

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

Accompanying this PDF proposal of bid, find Bid Bond in the amount of $10°% Amount of Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice C-1

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

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

Addenda No. Date Received Bidder's Signature
C-2

LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

TO PLACENTIA AVENUE UNDERCROSSING

BID SCHEDULE
ITEM
NO. ITEMS DESCRIPTION QUANTITY UNIT TOTAL

1. 6 -Month Plant Establishment Period 1 LS $ 15,000.00

2. Clear and Grub all Landscaped Areas
within the Project Limits and all Trees
Located Within the Onramp area of the 1 LS $ 25,000.00
57 Freeway/Orangethorpe Interchange
Surrounding the Art Sculpture
Traffic Control and Engineered Traffic

3. Control Plans, Job Signage, and 1 LS $18,000.00
Encroachment Permit Approved by
Caltrans
4 Prepare and Implement SWPPP and
Best Practices $ 3,000.00
1 LS

5. Temporary Drainage Inlet Protection 6 EA $1,920.00

6. 1" PVC Pipe (Supply Line) (Sched. 40) 3,880 LF $29,837.20 1 1/4" PVC Pipe (Supply Line) (Sched.

7. 40) 1,070 LF $8,827.50
1 1/2" PVC Pipe (Supply Line) (Sched.

8. 40) 280 LF $3,360.00

9. 2" PVC Pipe (Supply Line) (Sched. 40) 300 LF $4,800.00 Riser Sprinkler Assembly (Gear

10. Driven) 124 EA $ 9,300.00
Pop -Up Sprinkler Assembly (Gear

11. Driven) 9 EA $ 805.05

12. 1 11/2" Remote Control Valve. 10 EA $14,000.00
C-3

ITEM
NO.

13. 14.

ITEMS DESCRIPTION
Ball Valve
Rock Blanket

15. Maintain Existing Planted Areas

16. Plant (Group A)

17. 18.

19. 20.

21. 22.

Plant (Group H)
Plant (Group U) 24 -inch Box
Specimens
Red Arizona Gravel
Wood Mulch
Check and Test Existing Irrigation
Facilities
Operate Existing Irrigation Facilities

23. Class 3 Aggregate Base

24. Concrete Edging

25. Haul Existing Material (As Needed, not
inclusive of Clearing and Grubbing)
Repair Existing Irrigation System (As

26. needed)

27. Replace Existing Plants (As needed)

QUANTITY UNIT
4 EA
2,500 SF
1 LS
4,035 EA
93,400 EA
6 EA
125 CY
1,890 CY
1 LS
1 LS
235 CY
960 LF
1 LS
1 LS
1 LS
TOTAL
$ 3,000.00
$70,000.00
$6,500.00
$ 64,560.00
$ 32,690.00
$ 3,900.00
$51,875.00
$90,720.00
$9,288.44
$9,000.00
$13,512.50
$24,000.00
$7,500.00
$12,000.00
$2,000.00
TOTAL BID PRICE WRITTEN IN FIGURES: $ 534'395'69
TOTAL BID PRICE WRITTEN IN WORDS:

Five hundred thirty-four thousand three hundred ninety-five and 69/100.

C-4

BIDDER'S NAME AND ADDRESS:

Guilts Inc dba: Integrity Landscape and Concrete
313 E Orange Grove Blvd #290
Pasadena, CA 91104
C-5

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

Guilts Inc dba: Integrity Landscape and Concrete
Bidder Name
313 E Orange Grove Blvd #290
Business Address
Pasadena, CA 91104
City,
( 909 ) 479-0079
Telephone Number
893464
State Contractor's License No. and Class
03/27/2007
Original Date Issued
03/31/2025
Expiration Date
The work site was inspected by Juan Munoz
State Zip
of our office on November 22 2023.

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

C-6

Guilts Inc dba: Integrity Landscape and Concrete
Compan ► .me
4110 W1,71,-7-7---"-------
pof Bidder
Juan Munoz
Printed or Typed Signature
Subscribed and sworn to before me this 133 day of December , 2023.

See_ CtOcOthed S oY ct

NOTARY PUBLIC
C-7

NOTARY SEAL

CALIFORNIA NOTARIAL CERTIFICATE
(JURAT)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
Subscribed and sworn to (or affirmed) before me on this 3 day of Decei-'lbef , 20 23 , by I:1 <J9 Onvin 0 2 , proved to me on the basis of satisfactory evidence to be the personVwho appeared before me.

Signature �C (Seal)
Alejandra Johnson
COMM # 2319485
Los Angeles County
California Notary Publi •
Comm Exp Jan. 20, 20244
Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved.

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

1. Conservation Corp of Long Beach 340 Nieto Ave Long Beach, CA 90814 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Jeronimo Ortega (626) 634-7073 $1.9M New built park landscape and concrete 01/31/2023
Contract Amount Type of Work Date Completed

2. Conservation Corp of Long Beach 340 Nieto Ave Long Beach, CA 90814 Name and Address of Public Agency
Name and Telephone No. of Project Manager:

Jeronimo Ortega (626) 634-7073
$1.2M New built park landscape and concrete
Contract Amount Type of Work

3. lbarra Genral Engineering
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
05/31/2023
Date Completed
Arturo Ibarra(909) 342-8447
$150,000.00 Caltrans Emergency Contract
Slope Improvements 03/20/2023
Contract Amount Type of Work Date Completed
C-8

Portion
of Work
Item 20
Item 3
Name and Address of Subcontractor
AG Organics Inc. - P.O.Box 20288 Riverside, CA 92516
Right of Way Inc.- 150 E Arrow Hwy San Dimas, CA 91773
State License Class
Number
1077174 C27
792675 C31
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

C-9

NONCOLLUSION AFFIDAVIT

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

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

Guilts Inc dba: Integrity Landscape and Concrete
Name of Bidder
ature of Bidder
313 E Orange Grove Blvd #290
Pasadena, CA 91104
Address of Bidder
Subscribed and sworn to before me this 13 day of December , 2023.

NOTARY PUBLIC
C-10

NOTARY SEAL

State of California
County of t -c& Ly-xc iel<S
Subscribed and sworn to (or affirmed) before me on this k 3 day of ID e1'rh-e v , 20 &'3 , by "locin (Y\L7C\O 2._ , proved to me on the basis of satisfactory evidence to be the person(.) -Who appeared before me.

Signature \ . (Seal)
Alejandra Johnson
COMM # 2319485 rz"'
Los Angeles County
California Notary Public'
Comm Exp Jan. 20, 2024.:

UTILITY AGREEMENT

HONORABLE MAYOR AND CITY COUNCIL

CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as LANDSCAPE RENOVATION PROJECT ALONG STATE ROUTE 57, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.

Date: 12/13/2023
C-11
Guilts Inc dba: Integrity Landscape and Concrete
Contractor
President
Title
''hxes

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

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

Date: 12/13/2023
C-12
Guilts Inc dba: Integrity Landscape and Concrete
Contractor
President
Title

DESIGN ENGINEER MAY NOT BID ON

ACKNOWLEDGED this / 3 day of Pct.-, c�t 7r , 2023 at
orized Signature
President
Position
Guilts Inc dba: Integrity Landscape and Concrete
Company
C-14

CALIFORNIA ACKNOWLEDGMENT
''t+r' d .` i '' Etdr') ":.4 04: tom". .i V
CIVIL CODE § 1189
,
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On -2-1 l3 / 2-02-- 3
1 Date
personally appeared
before me,
}
Alejandra Johnson, Notary Public
Here Insert Name and Title of the Officer
m vncz --
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,s(whose name i are subscribed to the within instrument and acknowledged to me that ashe4I ey executed the same i i /1-m7P eir authorized capacity(i0), and that byYher-/tlreir signature(Kon the instrument the person4), or the entity upon behalf of which the person) acted, executed the instrument. sza
Alejandra Johnson :

COMM I# 2319485 z
Los Angeles County
California Notary Public'"+
Comm Exp Jan. 20, 2024
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatures
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: 1 J25 7\E1r�tf�Celr (GI(r� }Udr ted 0 l ,%YIS 4 &t -t, Document Date: 2_- 13 - 2 2—")tl j
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
O Other:

Signer is Representing:
©2019 National Notary Association
Number of Pages:

Signer's Name:

O Corporate Officer — Title(s):

O Partner — 0 Limited ❑ General
O Individual 0 Attorney in Fact
O Trustee ❑ Guardian or Conservator
O Other:

Signer is Representing:

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

ACKNOWLEDGED this / 3 day of
thorized Signature
President
Position
Guilts Inc dba: Integrity Landscape and Concrete
Company
�, PiVN 2023, at EA LDvA/ 1iv et"
C-15

CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On
\ t3 I 2-6 2--3
Date
personally appeared
before me,
1 Alejandra Johnson, Notary Public
Here Insert Name and Title of the Officer
\UCr, OU nu 2_
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(,s(whose name i /are subscribed to the within instrument and acknowledged to me that0/sfa@,th. y executed the same in /heir authorized capacity(i*; and that by li /weir signature( 'on the instrument the persory(6), or the entity upon behalf of which the person acted, executed the instrument.

Alejandra Johnson
COMM # 2319485
Los Angeles County
California Notary Publi
Comm Exp Jan. 20, 20244
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Ok C.� dC- AC -Ci f'r at- Gfv% Document Date: I %.% l� 2-023
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
O Other:

Signer is Representing:
©2019 National Notary Association
Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:

LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

TO PLACENTIA AVENUE UNDERCROSSING

BIDDER'S BOND
(To Accompany Contract Proposal)

KNOW ALL MEN BY THESE PRESENTS,
That Guilts, Inc. dba: Integrity Landscape and Concrete , as PRINCIPAL, and Developers Surety and Indemnity Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

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

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the above-mentioned bid to the City of December 14
Placentia for certain construction for which bids are to be submitted via Planet Bids on -May -14, 2023, for:

LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

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

C-16

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 12th day of December 2023.

PRINCIPAL SURETY
Guilts, Inc. dna;, Integrity Landscape and Concrete
BY: �
uan unoz
President
BY:

Title
Title
(SEAL)
Developers Surety and Indemnity Company
Susan C. Monteon, Attorney -in -Fact
Amtrust Financial Services, Inc.
800 Superior Ave. E., 21st Floor
Cleveland, OH 44114
Address
(949) 263-3000 / 877-528-7878
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.

C-17

BID BOND

ACKNOWLEDGMENT OF SURETY
Note: See Attached California All Purpose Acknowledgment

STATE OF
ss
County of )
On this day of , 2023, A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for County, State of
known to me to be the of the corporation
that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. (Notary Public, Judge or Other Officer)
C-18

STATE OF CALIFORNIA
County of Riverside
On December 12 , 2023 before me, Janelle L. Tuominen
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Susan C. Monteon
JANELLE L. TUOMINEN
COMM. #2347122 z
Notary Public • California o
Riverside County
My Comm. Expires Feb. 15, 2025!
Place Notary Seal Above
Name(s) of Signer(s)
, Notary Public,
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.
12,r
S'an- ure of No ary Public
Signature

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Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

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

Signer is Representing:

RIGHT THUMBPRINT

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

Signer is Representing:

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POWER OF ATTORNFX POR

COREPOINTE INSURANCE COMPANY

DEVELOPERS SUREIN AND INDEMNITY COMPANY
59 Maiden Lane; 41rd Floor, NewYotk, NV 1003.8
(212) 22o.7r20
lc,NOW ALL Mr TRESE PRESENTS Mar, .except as expressly limited herein, COREPOINTE INSURANOR COMPANY .and DEVELOPERS SURETY AND INDEMNITY COM PANY, do hereby make, C0nstitute and appoint:

Janelle L. Tuominen and Susan C. Monteon
of Riverside. CA
asitstme and lawfutAttrimey-in-Feet, to Make, execute, deliver andacknowledge, for end .on behalf of said.compatiies;:assureties, bonds t undertakings andcontracis ofsuretyship giving and granting unto. said Attorney in Fat full power and authorityto do and to pertbrin every act necessary, rerittisite or proper to be done in COntiettien therewith:as each, of said company could.* but te.serying to eaeli of said Ciatnpany full power of substitution and revocation, and all of .the.acts of said Attorney-in,Fact, pursuant to those presents, are. hereby rattfled and confirmed. This ,P0Wer of Attorney is effective December 12, 2023 and shall expire on .DecenMet 31. 2025.

This Power olAttorneyis granted antis signed underandbieutbority of the following resolutions adopted by the Board of Directorsef COREK>INTE INSURANCE COMPANY -and DEV.ELOPEAS.SORETY..ANO IN miN ITY COMPANY- (collectively, "Company-) on 'February 1 0, 2023, RESOINED, that Sam Zaza. 'President Stiretv OfiderpiritinG;, Jamrs Be,11., V ire President_ SureO( Undeiwriting, and Craie Dawson. Executive Underwriter. •Suret, each an employee of AmTrustNorth A:met:fee Inc.: an aftitlatttlf the Conitianylthe "Authorized: Signors"), are hereby authorized to execute a Power of Attorney, quolifying attorney(.), -in -fact named in the Power of Attorpoy to execute, ort behalf ,of MG Company, bonds, undertakings 'and contracts. of suretyship, or other suretyship obligations; and:that the Steil:tiny Ote.ny Astistant Secretaryof the Company bet and each of them hereby is, authiarizedtoottest the except-4'00aq Web Power etf Attorney.

RgsoL9 thattbasigiuttuie.of 'anyone off*. AUttOjicti Signors and the Seer clay bt any Ms iitant Secretary of the company; and the Kai of the Company IrlYstbe "titn:50.4 to arlY50.ob odwet,:ot Attorney:, and any such signature or seal may be affixed by faesimilot and such Power of Attorney shall be valid and binding:upon thc Com ploy when .sci. affixedand in the future With respect to Any bond, undertaking Or COrillIict ONIKCP10113't0 ‘1+1.1ch it is attached.

IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURMA' Al`40 INDEMNITY COMPANY have caused these :presents to be signed by the Authorizr,dSigivr and attested by their Secretary or Assistant Secretary this .March 27.2023 2 By.

Printed N Sam Zani
Title: President, Surety Underwriting
ACKNOWLEDGEMENT:
.0W I Orr 0144,
AASLIPAA,1%
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nOtalz/ pohlio,or other officer completing this certificate verifies only the identity hke indi4ual who signed the documentio which this certificate is attached, and not thAtratthfoinessi.accuracy, or validity of that document.

STATEOF California .:COUNTY. OF °raw
On 0.64 27 day of . „ Match , 2023 , before me,.14Gat‘VOUVerPhit.Phatit t personalty' Appeared Sam Zaza....„ who proved to Meoniihithasis of satisflietorycvidancete be the person 'name issubseribedto within theinstrurnerttatid acknowledged tdraG,Mattheye.iiituaed th016 in,theit.aMbOtitedtitPacity, and that by the eignalgre on the initrument the entities upori behalf which.the person acted, executed this instrument, undet tretially.ofitierjtay;. under the:laws 011ie Stble.of: California WITNESS.myllaild arid official seal,
Signe tur e

CORPORATE CERTIFICATION
The itriciereigned, thegedretary or Assistant Secretary or COREPOINTE INSURANCE.cOmpANy and DEVELOPERS 'SVRE:TY PIEI INDEMNITY COMPANY,. de whereby twity that the Provisions of the resolutions of this';Itispective Bards of Directors of said corporations set forth in this Power of Attorney Are in force a.s of thodate of -this Certification.
'that the.foregoingparagraph is true and:cot-rect.

HOANKUYEN D MAR
Notary Public- California
Orange County
Comm$ss,onl 2432970
My Comm. Expires Ott St, 2026
"IlifsCettifieationis executed in the City -Of Cleveland, Ohio,this March 19,2023. eaeusiara.talii
Barry* Moses, Assistant Secretary POA N. N/A
6a0415 TADES4aC.-
CrocuSIgnEnvelbpelD:3152E3FD6-5E9D-4706-078.-ClE455E6530F Ed.. 0323

CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
j1i4M444M4001.0kWiti
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On 0-1 ‘3I 2-02-3
Date
personally appeared
before me,
/ Ja v\
}
Alejandra Johnson, Notary Public
,nom Here Insert Name and Title of the Officer
o �U flu`s •
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name to the within instrument and acknowledged to me that f 'sh ,Lthey executed the same in /herktieir authorized capacity(kS1, and that by /hent r F signature(s) on the instrument the person(* or the entity upon behalf of which the person acted, executed the instrument. /i}r-e subscribed
Alejandra Johnson
COMM # 2319485
Los Angeles County
California Notary Publi
Comm Exp Jan. 20, 20244
Place Notary Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatur
Signature of Notary Public

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Description of Attached Document Z�,�-�, ^- �('I
f
Title or Type of Document: 1ct(?rS `-ru
Document Date: I ,� 1 21 ZO Z:2) Number of Pages: c)--
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
O Individual 0 Attorney in Fact
❑ Guardian or Conservator
O Trustee
O Other:

Signer is Representing:
©2019 National Notary Association
Signer's Name:
❑ Corporate
❑ Partner —
❑ Individual
❑ Trustee
❑ Other:

Signer is Representing:

Officer — Title(s):
❑ Limited 0 General
O Attorney in Fact
O Guardian or Conservator
•.., _. }"

LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

TO PLACENTIA AVENUE UNDERCROSSING

BIDDER'S BOND
(To Accompany Contract Proposal)

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

LANDSCAPE RENOVATION PROJECT ON ROUTE 57

0.2 MILE NORTH OF MIRALOMA AVENUE UNDERCROSSING

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

C-16

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 12th day of December 2023.

PRINCIPAL
Guilts, Inc. dna• Integrity Landscape and Concrete
BY:

BY:

APuan unoz
resident
Title
Title
(SEAL)
SURETY
Developers Surety and Indemnity Company
Susan C. Monteon, Attorney -in -Fact
Amtrust Financial Services, Inc.
800 Superior Ave. E., 21st Floor
Cleveland, OH 44114
Address
(949) 263-3000 / 877-528-7878
(SEAL)
Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by use of the surety company's standard printed form.

C-17

BID BOND

ACKNOWLEDGMENT OF SURETY
Note: See Attached California All Purpose Acknowledgment

STATE OF
ss
County of
On this day of , 2023, A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for County, State of
known to me to be the of the corporation
that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. (Notary Public, Judge or Other Officer)
C-18

STATE OF CALIFORNIA
County of Riverside
On December 12 , 2023 before me, Janelle L. Tuominen
Date Insert Name of Notary exactly as it appears on the official seal personally appeared Susan C. Monteon
JANELLE L. TUOMINEN 1
COMM. #2347122 z
Notary Public • California o
Riverside County
My Comm. Expires Feb: 15. 2025!
Place Notary Seal Above
Name(s) of Signer(s)
, Notary Public,
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
ure of Notary Pu is

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

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

Signer is Representing:

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OF SIGNER
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Number of Pages:

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

Signer is Representing:

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POWER OF ATTORNEY FOR

COREPOINTE INSURANCE COMPANY

DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lan; 43rd Ploor,New York, NY'Mu
(2.12) 220-7120
KNOW ALL 0-YTRES.t POSENTS that, except as expressly limited lienin, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY CONIPANYdo herebytnake, constitute and appoint:

Janelle L. Tuominen and Susan C. Monteon of Riverside. CA witstrue andlawfUtAttortin-Fatt. to make execute; deliver and,acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and -contracts of (suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to iperformevery at necessary, requisite or properto be done in connection therewith as each of said company could 00, hut reserving to eaeh of said company full power of suhatitutinri and revocation, and all of thc.acts of said Attorney pursuant to these presents, ate hereby :ratified and confirmed, This.,POwer of Attorney is effeetive, December 12, 2023 ___ and shall expire on ,Decentber 31 „2025.

This Power of Attorney:1s ,grantedoidis Signed under and by authority of the t011owinreotution;tadopredby the Board ofEfirectenr of COREPOINTE INSURANCE COMPANY and DEVELOPERS'SIMTYA. NaINFRIX1hIrrY COMPANY (collec(ively, "Ccanpany") on February 10,2021 RESOLVED. that Som Zaza. President Surety Ondeovritirt)einies. Bell, V ice President_ 'yet/ Underwriting, and Craie 'Dawson. Exeeptive Undenvriter.

Surety, each an employee of AmTrustNorth.Anicrica, ine.; rp) pfatakrif Ole Cothouy(the ' Authorized Signors"), are hereby authorizedto execute a Power of Attorney., qualifying attorney(a),In-fact named in the Power of Attorney to.execute. art behalf of the Ciampany, bonds, undertakings and contractsof auretyship, or other suretyship obligations; and that the Secretary Or any Assistant Secretary of the Company be, end each of them hereby is, authorized. toattest Ifin.eteetition,of any such Power of Attorney.

RESOLA03 that thesigfiature.df any,one ofthe Authorized Signors anti the Secretary sir arty Ass [Stint Secretary of the Company; and the seal of the Company must be affixed to arty agch POWer of Attorney, and any such signature or seal may be affixed by Csimile, and such Power a Attorney shall be valid and binding upon the CoMpany when .so affixed and in the future with reSpecttia any bond, undertaking yr contract orspretykip-to which it is attached.

IN WITNESS th-fEREOP., 'COAFP01NTE INSURANCE COMPANY and DEVELOPERS SOREly AND INOFMNtill COMPANY hilveeca. tisic:d:AteNppreseminitsto:be signed by tie AuttiOrize&Signor and attested by their Secretary or Assistant Secretary this , March 27. 2023 •
By .• Nt4S....0 , .0 ..
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Title: President, Surety Uthterwritipit __ . • t 7,
.,..

ACKMWLEDGEMENT:
notary publie,or other officer completing this eettiAcateVerifles only the identity ate lndiVidnal Who.sioned the documentlo which this certificate is attached, and not lhotrutitkihear aecoraoy, or validity of that document. •
*
ST-Ale:Qr. rangenia ....COUNTY OF Orange
Ou
this 27i1iy of March , 2023 , before` me, l-foanvOoven Phtt:Pfativ. laartigialry appeared Sam Zazs. who proved to reeorais:ha.slis CE9Litisfadoryryitiencolo.behe person whose name is subscribed to within theinstrument and acknowledged to-rnyjiiiitthey executed the satne inthOratithotizecteapacity, and Ihat, by the signature on the, Insuurnentthe entities wen behalfwhich the person acted, executed this instrument Ltertify, Under penalty of rierjury„under the laws oft he State cif Cal ilbstifa.

WItNESS mylarid arid offieial seaL
CORPORATE tgItTIFicATtoN
'The Undersigned, the Sedretary or .Assistant Secretary of COREPONTE INSURANCE COMPANY and DEVELOPERS St.RfilY AND INDEMNITY COMPATO,, ayes:hereby doity thatlha Provitiona ofthafearilutiona of the:respective Board's of DirectOr'i of said COrpotations set t'orth in this Power of Attorney artinforce as of thedate of th(s Certification,
that lite tiaregsiMg paragraph is true and correct
illiANkluYES P. kW*
Notary Public, California
Orange County
my tonlm• 610fres DIK4h 2O1.

COminissicin t`P,31.970
ills Certification is executed in the di ky of Cleveiand, Ohio,this March 19,2023. ' OriqUSIgtipd:bOt
(1/1 P.atr)rleV: Moses, AssistantSecretary
6E16415 7ADES4LIC,.:
• Dod6SIOEtiVelOp0111335213F06-5E91D-479$-83ZE-C154,55E6530F POA Nit N/A
Ed. - ,0323

State of California
County of Los Angeles
On v f t3I 202_3
Date
personally appeared
before me,
1 Alejandra Johnson, Notary Public
Here Insert Name and Title of the Officer
loar
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name I /ape subscribed to the within instrument and acknowledged to me thatashe/t ►ey executed the same in ' her/their authorized capacity(, and that by ii /hei4tf-retr signature(s) on the instrument the person(4, or the entity upon behalf of which the personacted, executed the instrument.

Alejandra Johnson
COMM #23194-85
Los Angeles County
California Notary Publi
Comm Exp Jan. 20, 2024;
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatur
Signature of Notary Public

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Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document � ; t
Title or Type of Document: \2ti Pirc ,'3t 1�
Document Date: _ t Z! 20 2-2
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator
O Other:

Signer is Representing:
©2019 National Notary Association
Number of Pages:

Signer's Name:
❑ Corporate Officer — Title(s):

O Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator
O Other:

Signer is Representing:

12 -ORA -057-16.1-16.7
EA: OT420
Project ID: 1222000047
Agreement No. 12-830 A3
AMENDMENT NO. 3 TO AGREEMENT 12-830
This Amendment No. 3 (AMENDMENT) to Agreement 12-830 (AGREEMENT), executed on and effective from , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

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

RECITALS

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

2. PARTIES entered into Amendment No. 1 to AGREEMENT on January 25, 2023 to increase FUNDS from $50,000 to $650,000.

3. PARTIES entered into Amendment No. 2 to AGREEMENT on July 27, 2023 to increase FUNDS from $650,000 to $1,440,000.

4. The AGREEMENT established $1,440,000 in Clean Ca funds.

5. PARTIES now seek to amend to add to the PROJECT FUNDS $170,000.

Agreement No. 12-830 A3
IT IS THEREFORE MUTUALLY AGREED:

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

CALTRANS will pay CITY an amount not to exceed $1,610,000 from FUNDS required for PROJECT.

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

CALTRANS and CITY agree that the total amount of FUNDS paid out to CITY will not exceed $1,610,000.

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

4. This AMENDMENT is deemed to be included and made a part of the AGREEMENT. 2 Agreement No. 12-830 A3

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

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

CITY OF PLACENTIA
Luis Estevez, Deputy City Administrator
401 E. Chapman Ave
Placentia, CA 92870
Office Phone: (714) 993-8120
Email: [email protected]
3 Agreement No. 12-830 A3

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

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

STATE OF CALIFORNIA CITY OF PLACENTIA

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

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

Damien Arrula
City Administrator
Attest:

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

Lai Saephan Attorney
HQ Accounting Supervisor
4 RESOLUTION NO. R-2024-02

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 reflect the following expenditure of funds from the Account specified to the Account specified:

Fund Description Department GL Account
General Fund Caltrans State N/A 101206-4240
Grant
/Reimbursement
General Fund Improvements Capital Projects 101206-6730
Other Than
Buildings
(Caltrans Public
Arts Program)
Resolution R-2024-02

Page 1 of 2 ends

Amount
$587,835.26
$587,835.26
Type
Revenue
Expense

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

PASSED, ADOPTED AND APPROVED THIS 23rd DAY OF JANUARY 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 23rd day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Resolution R-2024-02

Page 2 of 2 ends

AGENDA REPORT
TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
JANUARY 23, 2024

PUT OPTION AGREEMENT WITH MERCY HOUSING CALIFORNIA FOR
PRIVATE PROPERTY AT 325 BAKER STREET (APN 339-382-20) FOR FUTURE

AFFORDABLE HOUSING DEVELOPMENT
FISCAL
IMPACT: $761,587 Potential Purchase in 2028 (Affordable Housing Development Impact Fee Fund Acct. No. 682534-6099). No fiscal impact in FY 2023-24.

SUMMARY:

On February 6, 2023, the City issued a Request for Proposals (RFP) for a high-quality Affordable Housing Development on Baker Street. The specific City -owned properties include 323, 307, 312, and 314 Baker Street (Baker Street) as well as evaluate options for the potential acquisition of additional private properties, including 325 Baker Street (APN 339-382-20) for a larger development. The RFP solicited interest from four (4) different firms. On April 3, 2023, the Evaluation Committee consisting of consulting staff from Keyser Marston, Director of Development Services and the Deputy Director of Administrative Services (the "Evaluation Committee") reviewed and scored the four proposals received. The Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high-quality affordable housing development along Baker Street.

On April 19, 2023, the Housing, Community and Economic Development Ad -Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee. The Ad -Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. On May 16, 2023, the City Council convened in Closed Session to review the recommendations and directed Staff and the City Attorney's Office to begin negotiations with Mercy Housing on the financing and development of the site. Subsequently on June 6, 2023, the City Council agreed to authorize the City Administrator to enter into a Land Purchase Option Agreement with Mercy Housing California for development and operation of a high-density affordable housing development on Baker Street. This action authorizes the City Administrator to enter into a Put Option Agreement with California Land Acquisition Fund Holding IV LLC for the acquisition of the private property at 325 Baker Street to expand and develop a larger affordable housing development along Baker Street.

1.g.

Jan 23, 2024

City Council/Successor Agency/ICDA Agenda
January 23, 2024

Page 2 of 4 ends

RECOMMENDATION:

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

1. Approve Resolution No. R-2024-03, A Resolution of the City Council of the City of Placentia, California Approving a Put Option Agreement with California Land Acquisition Fund Holding IV LLC for the purchase of 325 Baker Street for an Affordable Housing Development along Baker Street; and

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

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Promote Community and Economic Development under Objective #3.9, which is Facilitate Affordable Housing along Baker Street.

DISCUSSION:

On July 18, 2017, the City Council adopted the Old Town Revitalization Plan (Plan) and related Zone Change and General Plan Amendment. Adoption of the Plan and associated documents will improve and position the City's historic center to better connect with other areas of the City, while improving the Old Town itself. Old Town Placentia is an asset to the City and is poised to be one of the City's key destinations. The Plan will enhance the historic and economic importance of the area by creating a cohesive walkable historic village with retail, restaurants, offices, and residential development. The Baker Street properties described within the RFP are located in the Plan area and are designated for high-density residential development at a maximum density of 65 dwelling units per acre. This area is zoned for a maximum building height of four stories (55 feet) located along Baker Street, located just north of the BNSF railroad tracks, west of Melrose Street and east of Walnut Avenue.

The Request for Proposals (RFP) was released on February 6, 2023 with a submission deadline of March 20, 2023. A total of four (4) firms met the deadline. The RFP included the City's desire to develop a high- quality, 100% affordable rental housing development that achieves various objectives including adding additional phases as adjacent parcels become available.

On April 3, 2023, the Evaluation Committee consisting of the Keyser Marston Staff, Director of Development Services and the Deputy Director of Administrative Services reviewed and scored the four proposals received. The Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high-quality affordable housing development along Baker Street. On April 19, 2023, the Housing, Community and Economic Development Ad - Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee.

The Ad -Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. On May 16, 2023, the City Council convened in Closed Session to review the recommendations and directed Staff and the City Attorney's Office to begin negotiations with

City Council/Successor Agency/ICDA Agenda
January 23, 2024

Page 3 of 4 ends

Mercy Housing on the financing and development of the site. Subsequently on June 6, 2023, the City Council agreed to authorize the City Administrator to enter into a Land Purchase Option Agreement with Mercy Housing California for development and operation of a high-density affordable housing development on Baker Street. The proposed development will include approximately 68 units of affordable housing, with a mix of 1, 2, and 3 bedrooms ranging from 30% to 60% AMI, 20 of the units to be set-aside for formerly homeless households, and potentially a Phase II Plan for approximately 40 units. The Phase II Plan includes the purchase of private parcels along Baker Street including 325 Baker Street (APN 339-392-20).

This action authorizes the City Administrator to enter into a Land Purchase Option Agreement with California Land Acquisition Fund Holding IV LLC for the acquisition of the private property at 325 Baker Street for the development and operation of a high-density affordable housing development on Baker Street.

The purchase will allow Mercy Housing California to apply for additional funding in an effort to construct a larger development along Baker Street. The agreement stipulates that if Mercy Housing California determines it is not feasible to construct and expand the Affordable Development at 325 Baker Street after four (4) years, Mercy shall have the option to require the City to purchase the Property, subject to the terms set forth in this Agreement. This includes the purchase price for the Property (the "Purchase Price") shall be equal to (i) $595,000 (the purchase price paid by Mercy to acquire the Property), plus (ii) all reasonable out-of-pocket costs and expenses incurred by Mercy in connection with its acquisition of the Property, plus (iii) one-half (1/2) of all insurance costs, real property taxes, maintenance costs, interest payments under the Mercy's Loan and other reasonable out-of-pocket costs and expenses incurred by Mercy in connection with its ownership of the Property prior to the Closing.

FISCAL IMPACT:

The City's financial commitment is subject to the development feasibility of the affordable housing development at Baker Street. If after four (4) years, it is determined that this is not feasible to construct and expand the affordable housing development at 325 Baker Street, Mercy Housing shall have the option to require the City to purchase the Property. This includes the purchase price for the Property (the "Purchase Price") shall be equal to $595,000, plus all reasonable out- of-pocket costs and expenses incurred by Mercy in connection with its acquisition of the Property, and one-half (1/2) of all insurance costs, real property taxes, maintenance costs, interest payments under the Mercy Housing's Loan with California Land Acquisition Fund Holding IV LLC.

Prepared by: Reviewed and approved:
/
Oea� ne'f- o rtega
DeputyDirector of Administrative Services
7147(
Jooseph !M. Lambert
Director of Development Services

City Council/Successor Agency/ICDA Agenda
January 23, 2024

Page 4 of 4 ends

Reviewed and approved:
-_
Jennifer Lampman
Director of Finance
Reviewed and approved:

DamienArrula
City Administrator
Attachments:

1. Resolution R-2024-03

2. Put Option Agreement for the Purchase of 325 Baker Street

RESOLUTION NO. R-2024-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, APPROVING A PUT OPTION

AGREEMENT WITH CALIFORNIA LAND ACQUISITION
FUND HOLDING IV LLC FOR THE PURCHASE OF 325

BAKER STREET FOR AN AFFORDABLE HOUSING

DEVELOPMENT ALONG BAKER STREET
A. Recitals.
(i.) On February 6, 2023, the City issued a Request for Proposals (RFP) for an Affordable Housing Development on Baker Street and on April 3, 2023 the Evaluation Committee reviewed and scored the proposals received. The Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high-quality affordable housing development along Baker Street; (ii.) On April 19, 2023 the Planning and Economic Development Ad Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee. The Ad Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. on June 6, 2023, the City Council agreed to authorize the City Administrator to enter into a Land Purchase Option Agreement with Mercy Housing California for development and operation of a high-density affordable housing development on Baker Street;
(iii.) Mercy Housing California plans to design, construct and administer an affordable housing development for families and families moving out of homeless on the property located at 323, 307, 312, and 314 Baker Street in the City of Placentia; (iv.) The development will include approximately 68 units of affordable housing, with a mix of 1, 2, and 3 bedrooms ranging from 30% to 60% AMI, 20 of the units to be set-aside for formerly homeless households, and potentially a Phase II Plan for approximately 40 units, which includes the property at 325 Baker Street (APN 339-382- 20);
(v.) The property owner of 325 Baker Street agrees to sell the property to Mercy Housing California and Mercy Housing wishes to purchase the property and apply for additional funding in an effort to construct a larger development along Baker Street. (vi.) If Mercy Housing California determines it is not feasible to construct and expand the Affordable Development at 325 Baker Street after four (4) years, Mercy shall have the option to require the City to purchase the Property, subject to the terms set forth in the attached Agreement (Exhibit "A");
(vii.) 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 RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
(1.) In all respects as set forth in the Recitals, Part A., of this Resolution. (2.) The Put Option Agreement attached hereto as Exhibit "A" is approved and the City Administrator is authorized to execute the Land Purchase Option Agreement. (3.) The City Administrator, or his designee, hereby is authorized and directed to take all actions necessary and appropriate to carry out this Resolution. (4.) The Mayor shall sign this resolution, and the Clerk shall attest and certify to the passage and adoption thereof.
(5.) The City Council declares that, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive or inconsistent legislation, the remaining provisions, sections, paragraphs, sentences and words of this resolution shall remain in full force and effect.

PASSED AND ADOPTED this 23rd day of January 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert McKinnell, City Clerk

STATE OF CALIFORNIA

CITY OF PLACENTIA
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 23rd day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney

Exhibit A: Put Option Agreement

PUT OPTION AGREEMENT
This Put Option Agreement (this "Agreement") is entered into as of January , 2024, by and between the City of Placentia, a municipal corporation ("City"), and California Land Acquisition Fund Holding IV LLC, a California limited liability company ("Owner").

WHEREAS, concurrently with the execution of this Agreement, Owner is acquiring fee title to that certain real property commonly known as and located at 325 Baker Street, Placentia, California (the "Property");
WHEREAS, Owner has financed its acquisition of the Property with a loan from California Land Acquisition Fund LLC, a Delaware limited liability company, in the amount of $673,000 (the "Owner Loan");
WHEREAS, Owner is acquiring the Property for the purpose of developing an affordable multifamily housing project at the Property (the "Development"); and WHEREAS, Owner and the City have agreed that in the event Owner determines it is not feasible to construct the Development, Owner shall have the option to require the City to purchase the Property from Owner on and subject to the terms set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows:

1. Grant of Option. The City hereby grants to Owner the right and option to require that the City purchase the Property from Owner for the purchase price and on the terms and conditions set forth in this Agreement (the "Option").

2. Term and Exercise of Option.
a. Option Term. The term of the Option ("Option Term") shall be for a period commencing on the date this Agreement and ending on the earlier of the following events: (i) the closing of the construction loans financing Owner's construction of the Development (the "Construction Loans"); and (ii) the date that is four (4) years following the date of this Agreement. Owner shall provide City with thirty (30) days' prior written notice of the closing of the Construction Loans.
b. Exercise of Option. Owner may only exercise the Option if, at any time during the Option Period, Owner reasonable determines that it is infeasible for Owner to construct the Development at the Property. In such event, Owner may exercise the Option by delivering written notice of its exercise of the Option ("Option Notice") to the City prior to the expiration of the Option Term.

3. Purchase of the Property. If Owner timely delivers the Option Notice, the parties shall promptly open an escrow for the purchase of the Property and the following terms and conditions shall apply to such purchase:
1 485.260/581187

a. Closing Date. The closing of the purchase of the Property (the "Closing") shall occur thirty (30) days after the date of the Option Notice or on such other date as Owner and the City may agree upon (the "Closing Date").
b. Purchase Price; Post -Closing Payment. The purchase price for the Property (the "Purchase Price") shall be equal to (i) $595,000.00 (the purchase price paid by Owner to acquire the Property), plus (ii) all reasonable out-of-pocket costs and expenses incurred by Owner in connection with its acquisition of the Property (the "Owner Acquisition Costs"), plus (iii) one- half (1/2) of all insurance costs, real property taxes, maintenance costs, interest payments under the Owner Loan and other reasonable out-of-pocket costs and expenses incurred by Owner in connection with its ownership of the Property prior to the Closing (the "Owner Carrying Costs").

The City shall deposit the Purchase Price into escrow prior to the Closing Date. c. Grant Deed. Prior to the Closing Date, the Owner shall execute and deposit into escrow a grant deed (the "Deed") conveying to the City the Property and all improvements located on the Property, which Deed shall be recorded in the Official Records of the County of Orange on the Closing Date.
d. Closing Expenses. All city and county documentary transfer tax and conveyance taxes to the extent they are not exempt pursuant to the Revenue and Taxation Code, and recording charges for the Deed (if any) shall be borne by Owner. The cost of the Title Policy (as defined below) all other expenses, fees or costs (except for attorneys' fees and costs) incurred by the parties in connection with the purchase and sale of the Property pursuant to this Agreement shall be borne by the City. Each party shall bear its own attorneys' fees and costs. e. Proration of Taxes. All real property taxes and assessments, if any, levied against the Property shall be prorated as of the Closing Date and Owner's share shall be fully paid by Owner at or prior to the Closing.
f. Title Insurance. At the Closing, the City shall cause a title company of the City's choice to issue a CLTA or ALTA policy of title insurance (the "Title Policy") insuring fee title to the Property to be vested in the City, subject only to those encumbrances, conditions, or exceptions acceptable to the City in its reasonable discretion ("Permitted Exceptions"). Owner shall be responsible for removing from the Property title any encumbrances, conditions, or exceptions other than Permitted Exceptions at or prior to the Closing. g. Other Closing Documents. Owner and the City shall each execute and, if applicable, deposit into escrow, all other escrow instructions and other documents reasonably necessary to consummate the Closing in accordance with this Section. h. Owner's Representations and Warranties. Owner represents and warrants to the City that (a) no leases, occupancies, tenancies, or licenses exist that affect the Property; (b) to the best of Owner's knowledge, there are not presently any actions, suits, or proceedings pending or, threatened against or affecting the Property or the interest of Owner in the Property or its use or that would affect Owner's ability to consummate the transaction contemplated in this 2 485.260/581187

Agreement; (c) there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property, and Owner shall promptly notify City of any of these matters arising during the term of this Agreement; and (d) to the best of Owner's knowledge, there are not presently any pending or threatened condemnation, eminent domain, or similar proceedings affecting the Property. The foregoing representations and warranties shall be true and correct as of the date of this Agreement and the Closing Date. i. Owner's Conduct During Term of Agreement. During the term of this Agreement, Owner shall comply with the following terms relating to the Property: (a) Owner shall pay for all labor and work performed and all material furnished at Owner's request or on Owner's behalf, and there shall be no claim for which a mechanic's, materialman's, or similar lien can be claimed by any person or firm against the Property as a result of any act of Owner; (b) Owner shall not affirmatively take any actions constituting waste of the Property, and shall not excavate, mine, or otherwise materially alter the Property; (c) Owner shall not enter into any lease, occupancy, tenancy, or license agreement affecting the Property, without City's prior written consent; (d) Owner shall not incur any obligations or liabilities or enter into any transactions that will affect the Property without the prior written consent of City which consent shall not be unreasonably withheld; (e) at least quarterly, or more frequently as reasonably requested by City, Owner shall provide City with updates on the status of Developer's efforts to acquire property for the construction of a second phase of the Development; and (f) Owner will explore alternative uses for the Property including additional parking for nearby housing developments.

4. Assignment of Option. Neither the Owner nor City may assign its rights or obligations under this Agreement without the prior written consent of the other party. Any assignment of this Agreement not authorized under this section shall be null and void.

5. Further Documents. Upon the reasonable request of the other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to carry out the intent and purpose of this Agreement, including escrow instructions.

6. Notices. All notices or other communications made pursuant to this Agreement shall be in writing and shall be deemed properly delivered, given or served to the parties at the following addresses when (a) mailed by certified mail, postage prepaid, return receipt requested; (b) sent by express delivery service, charges prepaid with a delivery receipt; or (c) personally delivered when a delivery receipt is obtained:

City:
485.260/581187
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Attn: Damien R. Arrula, City Administrator
3 Owner:

California Land Acquisition Fund Holding IV LLC
c/o Mercy Housing California
1256 Market Street
San Francisco, CA 94102
Attention: Melissa Garcia
All notices so delivered, mailed or sent shall be deemed received as of the date shown on the delivery receipt as the date of delivery or the date delivery was refused. Either party may change its address for the purposes of this paragraph by giving prior written notice of the change to the other party in the manner provided in this paragraph.

7. Binding Effect. This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the parties to this Agreement and their respective permitted successors and assigns.

8. Time. Time is of the essence of this Agreement.

9. Attorneys' Fees. In any action between the City and Owner to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover costs of suit and expenses, including, without limitation, reasonable attorneys' fees.

10. Eminent Domain. Notwithstanding any other provision of this Agreement, if at any time prior to execution and recordation of the Deed, any portion of the Property shall be taken by eminent domain or is the subject of eminent domain proceedings (either threatened in writing or commenced), and regardless of whether the City has exercised the Option, then the City shall have the right to terminate this Agreement upon written notice to Owner, whereupon the parties shall have no further obligations under this Agreement.

11. Exhibits. All exhibits attached to this Agreement and referred to in this Agreement are incorporated into this Agreement by this reference as though they were fully set forth in this Agreement.

12. Captions. The captions of the paragraphs of this Agreement are for convenience and reference only, and the words contained in the captions shall in no way be held to explain, modify, amplify or aid in the interpretations, constructions or meaning of the provisions of this Agreement.

13. Entire Agreement; Counterparts. This Agreement contains the entire agreement between the parties respecting the matters set forth, and supersedes all prior agreements between the parties respecting such matters. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement.

14. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer to any person, other than the parties and their permitted successors and assigns, any rights or remedies under or by reason of this Agreement. 4 485.260/581187

15. Waiver. No provision of this Agreement shall be deemed waived by a party unless such waiver is in writing and signed by the party making the waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit that party's right to enforce the provision unless the waiver is made in writing. Waiver of any breach of a provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provisions itself or of any other provision.

16. Authority of Signatories. Each of the parties to this Agreement represents and warrants to the other party that the persons who have executed this Agreement have been authorized to do so by the party on whose behalf the party is signing. All documents to be delivered under this Agreement will be executed by an authorized person. Each party has a good an legal right to enter into this Agreement and to perform all covenants of that party contained in this Agreement.

17. Governing Law. This Agreement shall be governed and constructed in accordance with California law.

18. Amendments. This Agreement may only be amended in writing signed by all parties.

19. Brokers. Each party will defend, indemnify, and hold the other party harmless from any claim, loss, or liability made or imposed by any other party claiming a commission or fee in connection with this transaction and arising out of that party's own conduct.

20. Indemnification by Owner. Owner shall indemnify, defend and hold harmless the City, any City agencies, and their respective elected and appointed councils, boards, commissions, officers, agents, employees and representatives from any and all losses, liabilities, fines, penalties, forfeitures, costs and damages and from any and all claims, demands and actions in law or equity (including attorneys' fees and litigation expenses) by any person or entity, directly or indirectly arising or alleged to have arisen out of or in any way relating to the Property during the term of this Agreement. This indemnity provision shall survive termination of this Agreement.

21. Indemnification by City. In the event the City acquires the Property pursuant to this Agreement, the City shall indemnify, defend and hold harmless Owner and its officers, agents, employees and representatives from any and all losses, liabilities, fines, penalties, forfeitures, costs and damages and from any and all claims, demands and actions in law or equity (including attorneys' fees and litigation expenses) by any person or entity, directly or indirectly arising or alleged to have arisen out of or in any way relating to the Property following the Closing. This indemnity provision shall survive termination of this Agreement.

22. Remedies for Breach. Each party shall have the right to exercise all remedies available under law and equity for any breach of this Agreement by the other party. [remainder of page left intentionally blank; signature page follows] 5 485.260/581187

IN WITNESS WHEREOF, the City and Owner have executed this Agreement as of the date first written above.

OWNER:

CALIFORNIA LAND ACQUISITION FUND HOLDING
IV LLC, a California limited liability company
By: California Land Acquisition Fund LLC,
a Delaware limited liability company,
its sole member/manager
By: Mercy Housing California, a California
nonprofit public benefit corporation, its sole
member
By:

CITY:

Doug Shoemaker, President
CITY OF PLACENTIA, a municipal corporation
By:
485.260/581187
Damien R. Arrula, City Administrator
6 Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: INFORMATION TECHNOLOGY MANAGER
DATE: JANUARY 23, 2024

AGENDA REPORT
SUBJECT: RENEWAL OF ARCTIC WOLF MANAGED DETECTION AND RESPONSE

SOLUTION FOR DEDICATED CYBERSECURITY MONITORING
FISCAL EXPENSE: $ 76,176.14 TOTAL PROJECT COST
IMPACT: BUDGET: $240,473.95 (101523-6136)
SUMMARY:

On July 19, 2022, the City Council approved and authorized the purchase of Server and Networking Infrastructure Replacement for City Hall and Public Safety. Included in the approval was the purchase of a Managed Detection and Response (MDR) Solution for Cybersecurity. The City continues to see an increase of intrusions and email phishing attempts in the past year. And many neighboring partners have also seen this increase.

Arctic Wolf is a fully certified Managed Detection and Response company specializing in small to midsized firms and local government agencies. Arctic Wolf also provides a monthly education program to routinely train City employees to be more vigilant on the City's network infrastructure.

Arctic Wolf provides the City's IT Department with real-time reporting of vulnerabilities, security reviews and recommendations. Arctic Wolf provides audit trails of user or network activity and helps identify the areas of risk with a dedicated Cybersecurity team monitoring 24/7.

This action will add 25 additional users and 25 additional devices to monitor from the prior year and factoring in the annual increase of year over year inflation increase, the renewal cost is $76,176.14.

RECOMMENDATION:

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

1. Approve the renewal of Arctic Wolf MDR Solution as the Cybersecurity Monitoring Solution for the City in an amount not -to -exceed $76,176.14; and

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

1.h.

Jan 23, 2024

City Council Agenda
January 23, 2024

Page 2 of 2 ends

STRATEGIC PLAN STATEMENT:

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

FISCAL IMPACT:

The City budgeted funds in the General Fund, Information Technology Software Maintenance account to cover the renewal amount of $76,176.14. A balance of $240,437.95 remains in the budgeted Fiscal Year 2023-24 Software Maintenance Budget. As such, sufficient funds exist for the recommended action.

Prepared by:
c
Daniel Chang
Information Technology Manager
Reviewed and approved:

Rosanna Ramirez
Deputy City Administrator'
Reviewed and approved: Reviewed and approved:

Jen ' er Lampman `barn ien-RArruia�===
Finance Director City Administrator
Attachment:

Arctic Wolf Renewal Quote

k)s7GST
IT & AV Solutions for a Connected World

GST SOLUTION

PROPOSAL
GST STATEMENT OF WORK:

Daniel_Arctic wolf MDR Subscription_09072023
City of Placentia
Daniel Chang
[email protected]
Quote # 134556
Version 4
Thursday, January 18, 2024
Golden Star Technology
Min Joo
Email: [email protected]
Phone: (562) 345-8744
12881 166th Street
Cerritos, CA 90703
GSTES.COM 800.833.0128

'GST
IT & AV Solutions for a Connected World
GSTINC.COM 800.833.0128
Daniel_Arctic wolf MDR Subscription_09072023
Hardware
Prepared by:

Golden Star Technology
Min Joo
[email protected]
(562) 345-8744
Prepared for:

City of Placentia
Daniel Chang
[email protected]
401 E. Chapman Ave
Placentia, CA 92870
Quote Information:

Quote #: 134556
Version: 4
Quote Date: 01/18/2024
Expiration Date: 01/31/2024
Item
Description
Qty Price
Ext Price Tax
1 AW -MDR -USER ARCTIC WOLF MDR USER LICS CLDS WOLF

MDRU LICS
"Term: 11/25/2023-11/23/2024

ARCTIC WOLF MDR SVR LICS CLDS ARCTIC
WOLF MDR SVR LICS 125-3000
"Term: 11/25/2023-11/23/2024
2 AW -MDR -SE
3 AW-MDR-1YR
4 AW-MDR-2XX-S
5 AW -MDR -0365
6 AW -MR -USER
7 AW -MR -SE
8 AW-MSAT-MAP
9 AW -PLATFORM
200
35 MDR LOG RET 1YR SVCS ARCTIC LICS WOLF 235
MDR LOG RET 1YR
"Term: 11/25/2023-11/23/2024
200SRS SENSOR HW ARCTIC WOLF PERP
200SRS SENSOR
"Term: 11/25/2023-11/23/2024
MDR OFFICE 365U LICS SVCS CLDS ARCTIC
WOLF MDR OFFICE 365U LICS
"Term: 11/25/2023-11/23/2024

ARCTIC WOLF MANAGED RISK USER CLDS
LICS
"Term: 11/25/2023-11/23/2024
ARCTIC WOLF MANAGED RISK CLDS SVR LICS 35
"Term: 11/25/2023-11/23/2024
ARCTIC WOLF MANAGED AWARENESS CLDS 200

SVC ARCTIC WOLF MANAGED AWARENESS
"Term: 11/25/2023-11/23/2024
ARCTIC WOLF PLATFORM ACCESS LICS 235

ARCTIC WOLF PLATFORM ACCESS
"Term: 11/25/2023-11/23/2024
2 225
200
$159.12
$31,824.00
0%
$159.12 $5,569.20 0%
$11.26 $2,646.10 0%
$2,170.57 $4,341.14 8.75%
$17.58 $3,955.50 0%
$81.14 $16,228.00 0%
$80.59 $2,820.65 0%
$28.64 $5,728.00 0%
$11.42 $2,683.70 0%
Quote #134556 v4 Page: 2 of 4

41G
IT & AV Solutions for a Connected World
GSTINC.COM 800.833.0128
Hardware
Item
Description
Qty Price Ext Price Tax
References NCPA contact # 01-96
Subtotal:

Tax Subtotal:

Shipping
$75,796.29
$379.85
Item !escription
Qty Price Ext Price
1 GST -SHIPPING
Quote Summary

SHIPPING CHARGE
1 $0.00
$0.00
0%
Description
Amount
Hardware
Subtotal:

Estimated Tax:

Total:
$75,796.29
$75,796.29
$379.85
$76,176.14
Quote #134556 v4 Page: 3 of 4

IT & AV Solutions for a Connected World
> Terms & Conditions
THIS IS A QUOTATION ONLY AND IS NOT AN ORDER OR OFFER TO SELL.

GSTINC.COM 800.833.0128
All prices and descriptions are subject to change without notice. No contract for sale will exist unless and until a purchase order has been issued by you and accepted by Golden Star Technology Inc. ("GST"). By issuing a purchase order to GST, you agree to GST's Terms and Conditions of sale set forth in GST's quote, GST's invoice, and GST online Terms and Conditions ( https://gstinc.com/resources/terms-and-conditions/) . If there is a separate purchase agreement signed by both your company and GST, the separate agreement will govern.

The prices contained in this list may not be relied upon as the price at which GST will accept an offer to purchase products or provide services unless expressly agreed to by GST in writing. Products and/or services quoted were selected by GST based on specifications available at the time of the quotation and are not guaranteed to meet your specifications. Product and services specifications may be changed by the manufacturer without notice. All products are subject to availability from the manufacturer. It is your responsibility to verify product and service conformance to specifications of any subsequent contract.

The freight costs listed are estimates. Shipping costs may vary based on time of purchase, additional services required, quantity ordered, shipment carrier and warehouse sourced. Actual shipping costs will be calculated during shipment and will be reflected on your invoice.

For hardware product(s), manufacturer warranty will begin upon physical delivery of the hardware products(by) by the customer or GST warehouse. For software product(s), the manufacturer warranty will begin upon electronic or physical receipt of the software product(s) by you or GST. Any returns must be approved by GST based on manufacturer approval. More details at gstes.com/RMA.

GST is not responsible for compliance with regulations, requirements or obligations associated with any contract resulting from this quotation unless said regulations, requirements or obligations have been passed to GST and approved in writing by an authorized representative of GST.

GST DOES EVERYTHING WE CAN TO ENSURE THAT THE PRICES WE HAVE QUOTED ARE CORRECT AND CURRENT. DUE TO SHORTAGES OF RAW MATERIAL, INCREASED LOGISTIC COSTS, AND TARIFFS, PRICING

MAY INCREASE AT ANY TIME FROM OUR VENDORS AND MANUFACTURERS THAT IS OUT OF OUR CONTROL.

Quote #134556 v4 Page: 4 of 4

Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF COMMUNITY SERVICES
DATE: JANUARY 23, 2024

AGENDA REPORT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RHA LANDSCAPE ARCHITECTS PLANNERS INC. FOR ARCHITECTURAL AND ENGINEERING

DESIGN SERVICES FOR THE PROPOSED PLACENTIA DOG PARK PROJECT NO. 7405
FISCAL
IMPACT: EXPENSE: $80,000 PROFESSIONAL SERVICES AGREEMENT BUDGET: $80,000 FY 2023-24 CIP BUDGET (109800-6760)
SUMMARY:

On October 5, 2023, the City issued and publicly advertised a Request for Proposal (RFP) for professional landscape architecture design services for the proposed Placentia Dog Park Project No. 24705 (the "Project"). This proposed Project will include two separate off -leash spaces for large and small dogs. Additionally, improvements will include agility course features, a dog washing station, site furnishings, landscape, optimal surface material, perimeter fencing, and automated irrigation system.

Staff received four (4) proposals, and after a thorough review selected RHA Landscape Architects Planners Inc. (RHA), based upon their response to the requirements of the RFP, their qualifications, and their experience in designing similar dog park projects. The agreement with RHA will provide the City with the most suitable location for the proposed dog park, project management, preliminary conceptual design, consultant led community meetings to gain resident feedback, and cost estimates. In addition, Staff recommends that a City Council Ad -Hoc Committee be formed to assist Staff and RHA in the design and location of the proposed dog park. It is recommended that this Ad -Hoc Committee be comprised of two Council Members and one Commissioner from the Parks, Arts, and Recreation Commission ("PARC"). RHA will work with Staff and the Ad -Hoc Committee to prepare conceptual plans based upon Staff and Council's input and for consideration by the City's Parks, Arts, and Recreation Commission. Once input has been received, RHA will complete the conceptual design by spring 2024, at which time the City Council may elect to proceed with Phase II of the design project. This action approves a Professional Services Agreement with RHA for design services for the proposed Placentia Dog Park in the amount of $80,000 for Phase I of the design project.

3.a.

Jan 23, 2024

City Council Agenda
January 23, 2024

Page 2 of 4 ends

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Award a Professional Services Agreement for professional landscape architecture services for Phase I for the proposed Dog Park Project to RHA Landscape Architects Planners Inc. for a not -to -exceed amount of $80,000; and

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

3. Appoint a City Council Ad -Hoc Committee comprised of two Council Members and a Commissioner from the Parks, Arts, and Recreation Commission to assist Staff and RHA in identifying a location, conceptual design and amenities for the proposed dog park.

STRATEGIC PLAN STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

DISCUSSION:

The City Council budgeted $80,000 for design services for the proposed Dog Park Project ("Project") in the Fiscal Year 2023-24 Capital Improvement Program. The general scope of work proposed for this Project includes identifying the most suitable location for the proposed dog park, conducting community meetings to gain resident feedback, and designing two separate off -leash spaces for Targe and small dogs. Additionally, improvements will include agility course features, a dog washing station, site furnishings, landscape, optimal surface material, perimeter fencing, and automated irrigation system.

Staff publicly advertised a notice inviting proposals for professional landscape architecture design services for this project on October 5, 2023. The City received a total of four (4) proposals from well-qualified landscape architecture firms, all of whom have extensive experience in dog park design and development. The Proposal Review Committee consisted of the Director of Community Services, the Deputy Director of Community Services, the Public Works Senior Management Analyst, and the Community Services Management Analyst. The proposals were reviewed and scored based upon the scoring criteria outlined within the request for proposals.

The table below outlines the final scores out of a possible 300 total points and the consultant rankings.

CONSULTANT
RHA Landscape Architects
IDS Group
Nuvis Landscape Architecture
Hirsch & Associates Inc.

TOTAL COMBINED RANKING

POINT SCORE
268 1
248 2
230 3
223 4

City Council Agenda
January 23, 2024

Page 3 of 4 ends

RHA Landscape Architects Planners Inc. (RHA) ranked first based upon their experience and expertise with similar projects and understanding of the work scope and approach of the City's proposed project. The contract scope of work includes conceptual design for all improvements and architecture services for the proposed design project. In addition, Staff recommends that a City Council Ad -Hoc Committee be formed to assist Staff and RHA in the design and location of the proposed dog park. It is recommended that this Ad -Hoc Committee be comprised of two Council Members and one Commissioner from the Parks, Arts, and Recreation Commission ("PARC"). RHA will work with Staff and the Ad -Hoc Committee to prepare conceptual plans based upon Staff and Council's input and for consideration by the City's Parks, Arts, and Recreation Commission. Following the Commission's input and recommendation, the conceptual design plan will be presented to the City Council for approval by late spring 2024. At which point, the City Council may elect to proceed with Phase II of the design project for the proposed dog park.

Staff opened and reviewed the cost proposals for the firms to analyze the resources allocated by each consultant, including the cost for Phase I and Phase II to ensure the cost proposals received are reasonable for the services to be provided. Professional services agreements are awarded based upon qualifications with the cost analyzed to determine if it is reasonable for the services to be delivered. Staff reviewed the cost proposal and resource allocation provided by RHA and found it to be appropriate for the services to be provided in Phase I and Phase II of the total design project. While RHA's cost proposal for Phase I is not the lowest bid among the submitted proposers, their total project cost for Phase I and Phase II is the most cost-efficient for the entire project. Additionally, RHA's Phase I cost is within the City's current budget for the proposed Project. Staff recommends RHA as the most qualified and responsible bidder for the Project. The cost proposal breakdown provided by the firms is outlined below:

CONSULTANT
RHA Landscape Architects
IDS Group
Nuvis Landscape
Architecture
Hirsch & Associates Inc.

PHASE I COST
$80,000
$60,251
$180,303
*PHASE II COST TOTAL PROJECT COST
$106,050 $186,050
$162,053 $222,304
$161,600 $341,903
$50,600 $213,700 $264,300
*To be approved by the City Council at a later date following completion and approval of conceptual design Based upon the proposal provided, RHA's qualifications, and references for similar projects, Staff recommends the City Council award the contract to RHA Landscape Architects Planners Inc.

FISCAL IMPACT:

The total cost for the services for Phase I of the proposed Dog Park design project amounts to $80,000. A total of $80,000 has been budgeted in the Fiscal Year 2023-24 Capital Improvement Program Budget (109800-6760). As such, sufficient funds exist for the recommended actions.

Following completion of conceptual design, should the City Council approve proceeding with Phase II, the remaining design project cost of $106,050 will be allocated to the Capital Improvement Program Budget for Fiscal Year 2024-25 during the City's regular budget process.

City Council Agenda
January 23, 2024

Page 4 ends

Prepared by:

A ,,
Veronica 1 iz
Deputy Dire\ctar-o Community'ervices
Reviewed and approved by:

JenniferLampman
Director of Finance
Reviewed and a• ve
A
Karen Croc
Director of C
A1J(
ity Se r ices
Reviewed and approved by:

Damien R: Arrula
City Administrator
Attachment:

Professional Services Agreement with RHA Landscape Architects Planners Inc.

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH

RHA LANDSCAPE ARCHITECTS PLANNERS, INC
THIS AGREEMENT is made and entered into this 23 day of January, 2034 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and RHA LANDSCAPE ARCHITECTS PLANNERS, INC, a California corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to Design a Dog Park in the City of Placentia, Phase 1 35% as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and 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.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 RHA Landscpe Architects Planners, INC

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 Eighty Thousand Dollars ($ 80,000.00).

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

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

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

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

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the 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 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 3 RHA Landscpe Architects Planners, INC

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 5 months, ending on June 30, 2024, 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 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 4 RHA Landscpe Architects Planners, INC

work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

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

5.0. INSURANCE

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

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

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of 5 RHA Landscpe Architects Planners, INC

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:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(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."
6 RHA Landscpe Architects Planners, INC

(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 endoresements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

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

6.0. GENERAL PROVISIONS

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

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

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

6.3. Proiect 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 7 RHA Landscpe Architects Planners, INC

changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

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

IF TO CONSULTANT: IF TO CITY:

RHA Landscape Architects -
Planners, INC
6800 Indiana Ave. Suite 245
Riverside, CA 92506
Tel: 951-781-1930
Fax: 951-686-8091
Attn: Doug Grove
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8232
Fax: 714-961-0283
Attn: Madelinne Villapando

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

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

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant 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 apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and 8 RHA Landscpe Architects Planners, INC

appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

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

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

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

agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

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

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

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

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

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results 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. Furthermore, Consultant will comply with the following:
(a) Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in 10 RHA Landscpe Architects Planners, INC

connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. (b) E-Verifv. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Consultant shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e-verifv.uscis.gov/enroll . Consultant shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.

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.
11 RHA Landscpe Architects Planners, INC

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

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

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

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

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

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

CITY OF PLACENTIA,
A municipal corporation
[Mayor]
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
12 Date:

RHA Landscpe Architects Planners, INC

CONSULTANT
V OLAI a'bv-t, Date: 1/17/2024
Signature
Doug Grove
Name and Title
33-0092783
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO INSURANCE:

Risk Management
APPROVED AS TO CONTENT:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Date:

Karen Crocker, Director of Community Services
13 RHA Landscpe Architects Planners, INC

EXHIBIT A

CONSULTANT'S PROPOSAL
14 RHA Landscpe Architects Planners, INC

City of Placentia
Professional Architectural and Engineering and Design Services Placentia Dog Park
Bid No. CS -23-02
Presented to:

RHA Landscape Architects -Planners, Inc.
6800 Indiana Avenue
Suite 245
Riverside, CA 9250
951-781-1930
www.rhala.com i
LANDSCAPEliQUA

ARCHITECTS
PLANNERS, INC.

Placentia Dog Park Architecture & Engineering Design Services City of Placentia
City of Placentia
Att: Maddie Villapando, Management Analyst
401 E Chapman Avenue
Placentia, California 92870
RE: Professional Architectural and Engineering Design Services Placentia Dog Park
Bid No. CS -23-02
October 31, 2023

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RHA Landscape Architects -Planners, Inc. is very pleased to submit this Proposal to the City Placentia for Architecture and Engineering Design Services for the Placentia Dog Park Project.

We will provide all of the landscape architecture and engineering services required by the city and we have reviewed and understand all elements of the Placentia Dog Park project. RHA Landscape Architecture is eager and willing to enter into a contract under the terms and conditions prescribed by the RFP and in the sample agreement. This proposal will remain valid for not less than 120 Days.

RHA is are currently working with the City of Placentia on the La Placita Parquette project and have completed or are currently working on the PAWS-adena dog park for South Pasadena, the Yorba Park Dog Park for City of Orange, a new Dog park for City of Monrovia, the Essig Dog Park in the Town of Yucca Valley and the Carlson Bark Park on the City of Riverside.

Established in 1979, RHA is a California corporation, with offices in the City of Riverside since 1980 and currently licensed to practice in the State of California. RHA offers a wide range of landscape architectural and planning services to assist public agencies in development of a variety of large public spaces such as parks, recreation areas, specialty play area design, including dog parks. RHA is dedicated to the concept of a thorough environmental design process, and we are motivated toward providing personal service. RHA has over 39 years of experience in Riverside under our legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. RHA has not filed for bankruptcy under any business name, ever.

Notable RHA projects in the greater Inland Empire include: the California Citrus State Historic Park, the California Speedway [AAA Speedway], the Pechanga Hotel, Casino and Entertainment Center, the Riverside Old City Hall redevelopment, the Mission Inn redevelopment, the Redlands Orange Blossom Trail, Reid Park, Janet Goeske Senior Center, the US Bankruptcy Court & US District Court in Riverside, Riverside County Superior Court, Riverside Municipal Auditorium, White Park, Orange Terrace Community Park, Mission Blvd. Revitalization, Orange Terrace Parkway, Inland Empire Blvd. & Haven Avenue in Ontario, University Avenue Phase III and Victoria Avenue Beautification and trails.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Cover Letter and Introdiction
1 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Key personnel of RHA hold appropriate licenses for the discipline of Landscape Architecture and for the Services on the date this proposal is submitted. The primary point of contact for services provided by RHA is Doug Grove, RLA, LEED, supported by Greg Meek, RLA, David Black, RLA, and Lauren McHugh, RLA ... all licensed landscape architects of the State of California and experienced in the landscape architecture. RHA is registered with the Department of Industrial Relations, #1000038360.

The management and primary contacts with the city from our office will be Doug Grove, RLA, LEED AP and Greg Meek RLA, CPSC. Both Doug and Greg are licensed Landscape Architects who are extremely experienced in park design and construction. Greg will be the single point of contact during the RFQ review process.

Doug Grove, email [email protected] Telephone (951) 781- 1930 ex 121 Greg Meek, email [email protected] Telephone (951) 781- 1930 ex 122 RHA is unequivocally committed to deliver a high quality project on time, within budget, and in a professional and competent manner.

WITH THE RHA TEAM YOU GET...
• One of California's leading landscape architecture, planning and design firms • LEED certified design firm focused on sustainable "green" design • Experienced streetscape, park design and urban renewal firm • Experienced working relationship with public agencies • A business located in the City of Riverside within minutes Placentia • A high degree of understanding and 37 years of experience. • Highly experienced, senior level personnel to serve in all key roles for RHA • A solid reputation for the production of technically outstanding documents • A strong Quality Control program
Thank you for the opportunity to submit this Proposal. We enthusiastically look forward to an opportunity to present our team members and qualifications in person and to respond to any questions you may have.

Sincerely,
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Doug Grove, RLA, LEED® AP
President
951-781-1930 ext 121
951-686-8091 FAX [email protected]
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Cover Letter and Introdiction
2 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
Executive Summary
RE: City of Placentia Dog Park
Established and Experienced
Established in 1979, RHA Landscape Architects -Planners, Inc. offers a wide range of landscape architectural and planning services to assist public agencies. Doug Grove and Greg Meek will be the points contact for the City of Chino. Doug and Greg's combined landscape Architecture experience is over 70 years. Through our On- call contract with the City of El Cajon, Doug already knows many of the city staff. Greg has work for three different public agencies during his career and has an understanding of City policies and community development goals and public works procedures. Our staff of seven (7) persons includes four (4) licensed landscape architects as well as support designers is the optimal size to provide personalized service and be highly productive.

We are currently working with the City of Placentia on the La Placita Parquette project and have completed or are currently working on dog parks for South Pasadena, the City of Orange, the City of Monrovia, the town of Yucca Valley and the City of Riverside.

October 31, 2023

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ARCHITECTS
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Team Approach
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.

We also provide services in a way that feel like we are part of you staff. We are available by phone, cell phone, email, and can even do a Zoom meeting at a moments notice. With the development of new technologies created and practiced during Covid, communication has never been better!
Consultant Team
RHA has a strong consultant team that we have worked closely with on hundreds of projects and feel like staff. Our consultant team include:

DAVID BECKWITH ASSOCIATES INC.— Civil Design, Land Surveying and Mapping- PE, QSD, QSP JCA ENGINEERING INC. — Electrical Engineering& Consulting ULTRA SYSTEMS ENVIRONMENTAL— Environmental Consulting
GEOCON WEST, INC- Geotechnical Engineering
Depth of Public Agency Experience
RHA has been providing professional landscape Architectural and planning services for cities, counties, school districts, college districts, and other public agencies for over 35 years. RHA RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Executive Summary
3 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
provides master planning and design for sports parks, community parks, neighborhood parks, pocket parks, trails, streetscapes, Head start facilities, K12 schools, college campuses and almost all other types of public and private facilities.

Knowledge of Applicable Codes
RHA's successful background providing services to the City of El Cajon reflects our incisive working knowledge of all applicable local, state, and national building codes, standards and regulations. This includes uniform building codes, state administrative codes, etc.

Best Choice
RHA is the best firm for you landscape architectural needs because of our vast experience doing projects for public agency and dog park work. We will feel like an extension of you staff and make ourselves available by phone, cell phone, email, zoom during all working hours and often more.

We provide personal attention and our goal is to make the employees of Placentia look good. We enjoy what we do and are good at it! We look forward to this opportunity to provide landscape architectural services to the City of Placentia.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Executive Summary
4 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia

TABLE OF CONTENTS
Cover Letter 1
Executive Summary 3
Project Team Organization 6
Experiences 11
Project Understanding and Approach 15
Scope of Work 19
Schedule 27
Required Statements 28
Resource Allocation and Cost Proposal
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Table of Contents 5

Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia

COMPANY PERSONNEL
RHA is headed by two principals, Doug Grove, RLA, LEED AP the firm's president, and Greg Meek, RLA, principal. 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
Arielle Talley
President/Landscape Architect/LEED AP
Principal/Landscape Architect
Project Manager/Landscape Architect
Project Manager/Landscape Architect
Project Manager/Landscape Designer
Landscape Designer
Landscape Designer
All projects with the County will be managed by Greg Meek, Principal, and Landscape Architect. He will be assisted by one of the project managers listed above as needed, depending on the type and timing of the specific project.

Resumes of Doug Grove, Greg Meek, 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.

Staff Availability
All of our Staff are available to work on and assist with the Kabian Memorial Park Improvement Project.

Our current work load allows 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.

Personnel
6 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Project Team Organizational Chart
Doug Grove
President
Landscape Architect

LEED AP
Jennifer Salazar
Project Manager
Landscape Designer
Aerille Talley
Landscape Designer
Sub Consultant Information
Lauren McHugh
Project Manager
Landscape Architect
Greg Meek
Principal
Landscape Architect
David Black
Project Manager
Landscape Architect
Andrew Lytle
_ Project Captain
Landscape Designer
DAVID BECKWITH ASSOCIATES INC.— Civil Design, Land Surveying and Mapping- PE, QSD, QSP 9431 Haven Avenue Suite 232
Rancho Cucamonga, CA 91730
714.349.7007 (T)
GEOCON WEST, INC- Geotechnical Engineering
41571 Corning Place, Suite 101
Murrieta, CA 92562
951-304-2300 (T)
JCA ENGINEERING INC. — Electrical Engineering& Consulting 8048 Palm Avenue
Highland, CA 92346
909-864-0223 (T)
ULTRA SYSTEMS ENVIRONMENTAL — Environmental Consulting
16431 Scientific Way
Irvine, CA 92618
940-788-4900 (T)
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Personnel
7 KEY PERSONNEL RESUMES — Doug Grove
Doug Grove, RLA, ASLA, LEED® AP
President
Education:

BS/1985/Landscape Architecture/
Cal State Polytechnic University, Pomona

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ARCHITECTS
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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 - PLANNE1S, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 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)

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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 El Segundo, California • Washington Park Play Area, City of El 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, California 92506 — (951)781-1930 — (951) 686-8091— www.rhala.com 9 KEY PERSONNEL RESUMES — David Black
David Black, RLA
Project Manager
Education:

BS/1999/LANDSCAPE ARCHITECTURE/

CAL STATE POLYTECHNIC UNIVERSITY, POMONA
Active Registration:
2009/Landscape Architect/5509/State of California
Contractor License CA #789824(C27)
Mr. Black is a Project Manager and Licensed Landscape Architect with RHA Landscape Architects -Planners, Inc. He graduated from California State Polytechnic University, Pomona, and holds a Bachelor of Science degree in Landscape Architecture. He has more than 24 years of landscape design and construction experience and specializes in irrigation design for all projects at RHA. As a professional Landscape Architect, Mr. Black has established his ability to work efficiently and professionally throughout all aspects of project development. His 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 meetings with clients and governing agencies, overseeing project budget preparation, design development and approval on numerous projects as well as following through with obtaining all other necessary approvals needed for final drawing completion.

Representative projects include:

Neighborhood Parks
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park Inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley • Lancaster Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks , City of El Segundo
• Monte Vista Park, City of Chino
• Concourse & Mountain View Parks, City of Lake Forest
• Rimgate & Tamarisk Parks, City of Lake Forest
• Stagecoach Park, City of Corona
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Pikes Peak Park, City of Norco
Community and Sports Parks
• Yorba Park, City of Orange
• Columbia Park, City of Torrance
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park — RV Park, Water Play & Miniature Golf, County of Riverside • Moreno Valley Community Park — Soccer Field Renovations (synthetic turf), City of Moreno Valley RHA LANDSCAPE ARCHITECTS - PLANNERS, INfp
6800 Indiana Avenue, Suite 245, Riverside, California 92506 — (951)781-1930 — (951) 686-8091— www.rhala.com

Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
South PAWS-adena Dog Park
RHA worked with the City of South Pasadena to develop a concept plan for their dog park. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.

Client:

Contact:

City of South Pasadena
Sheila Pautsch, Community Services Director - (626) 403-7362 [email protected]
Estimated Construction Cost: $500,000
Doug Grove
Principal -in -Charge:

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Dog Park Qualifications
11 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Yorba Park Dog Park
RHA worked with the City of Orange to develop a concept plan and construction documents for their dog park. Unique to this design was a large dog park big enough so that the city can open and close each section so the turf has time to recover. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.

Client: City of Orange
Contact: Nathan Bluhm, Senior Project/Landscape Coordinator - (714) 532-6491 [email protected]
Estimated Construction Cost: $725,000
Doug Grove
Principal -in -Charge:

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Dog Park Qualifications
12 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Monrovia Dog Park
RHA worked with the City of Monrovia to develop a concept plan for their dog park. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.

Client: City of Monrovia
Contact: Tina Cherry, Community Services Director - (626) 256-8226 [email protected]
Estimated Construction Cost: $650,000
Principal -in -Charge: Doug Grove

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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Dog Park Qualifications
13 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Essig Dog Park
RHA worked with the Town of Yucca Valley to develop a concept plan and construction documents for South Side Community Park with includes a dog park as shown in the red circle below. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.

Client:

Contact:

Town of Yucca Valley
Shane Stueckle, Deputy Town Manager - (760) 369-1265 Ext. 305 [email protected]
Estimated Construction Cost: $685,000
Doug Grove
Principal -in -Charge:

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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.

Dog Park Qualifications
14 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Project Understanding & Approach - Dog Park Experience
We have all seen how excited dogs get while allowed to run and play with other dogs. This can be a real problem if the park is not designed properly. Exercise equipment, trees, benches, and boulders can be life threatening to a distracted dog running fast with other dogs. Speaking with several cities who operate existing dog parks and while designing new dog parks for other cities, we have developed strategies for creating interesting and exciting parks for both the dogs and their owners that are safe, functional, and maintainable.

Design Opportunities
• Dog safety is one of our top priorities, so we will speak with local veterinarians in Glendale and determine the most
frequent injuries they see from dogs using dog parks. We want to ask the vets what their concerns are about dog parks and what they would design differently.
• Just like other types of parks, dog parks can be a very social event where neighbors meet, friendships are made, and
strong communities begin. Creating comfortable areas in and around the Dog Park where people can interact, rest, and recharge from a busy schedule is important. The dogs are having fun so we feel the humans should also! We have some fun and creative ideas on how to make the Glendale Park dog park great for people as well!
• We will address all of the standard items such as grading, accessibility, accessible parking stalls, efficient irrigation, benches, drinking fountains, drainage, lighting, fencing, gates, waste stations, etc. But what will make this park amazing are the things you don't associate with a dog park. Things like land form grading to create interest, logs to walk on, boulders to stand on, and maybe even water to cool off in? We have visions of a nature park for dogs with native perimeter plantings, nature themed site furnishings, and nature themed exercise/agility equipment. We will be bringing nature to all the dogs that never make it out of the City.
• We will design the space to prevent unauthorized use through the use of fencing, security cameras, good sight lines, and security lighting.

Creative fencing can add fun to the park!
Carlson Bark Park, Riverside
We understand that the dog interaction areas, separated by fencing to create separate areas for smaller dogs, larger dogs and to leave areas off limits for maintenance is the preferred design. We implemented a similar design for Yorba Park in the City of Orange. The Dog Park may also include the following elements:
• Shade structures, with tables and seating
• Water fountains for dogs and owners
• Seating areas
• Amenities and furnishings that will create a healthy, interactive and social experience for dogs and owners.
• Restroom facilities with storage (the City may opt to go with a prefabricated restroom) • Walkways
• Trail markers and park area signage, as needed
• Parking lot with handicap and electric vehicle charging • Lighting for dog interaction areas, pedestrian lighting, parking lot lighting RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Dog Park Experience
15 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
• Dog -friendly landscaping with proper irrigation
• Waste receptacles and pet waste stations
Scope of Services

1. Project Management and Coordination
We will prepare and update a project schedule and coordinate the project with you and your staff as required. We will be available for project discussions in person, over the phone, and via email.

We will manage and coordinate the project internally to ensure it stays on schedule.

2. Base Plan
We will prepare our base plan from a topographic survey we prepare and information provided by the city.

3. Site Research
We will visit the site to confirm our base sheet and improvement plans and make any adjustments necessary based on actual site conditions. We will also visit other dog parks in the city with city staff to review the pros and cons of each site.

Leash holders are an important
amenity at a successful dog park
Orange Dog Park at Yorba Park

4. Design Development Package
We will prepare a design development package showing the layout of all hardscape and landscape areas. This plan will include a conceptual planting plan with images of all plants on a large image board. We will also prepare an image board with all proposed site amenities. We will review the drawings with you and your staff and make revisions based on comments received. All amenities including brands and part numbers will be finalized before proceeding to construction documents.

5. Demolition Plan
We will prepare demolition plans delineating which site elements are to remain and which are to be removed. We anticipate removal of some of the trees, concrete paving, and the perimeter fence.

6. Grading and Drainage Plan
DBA Engineering will prepare the grading and drainage plan and details.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Dog Park Experience
Dog drinking fountains are a must!
Orange Dog Park at Yorba Park
16 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia

7. Construction Plan and Details
We will prepare a construction plan that
will locate by dimensioning the location of
the proposed hardscape improvements.

Details will be provided to demonstrate
proper construction and installation will
be provided. Design elements will include
fencing and gates, new concrete
walkways, seating areas, benches, tables,
trash receptacles.

8. Planting Plan and Details
We will prepare planting plans and details
designating plant selection for the
landscape in this area. Details for proper
installation of all plant material will be provided.

9. Irrigation Plan and Details
We will prepare irrigation plans and details
to provide water for the landscape in this
area. Irrigation calculations and details for
proper installation of all irrigation
equipment will be provided.

10. Electrical Plan and Details
JCA Engineering will prepare all electrical
engineering to include all necessary plans
to provide lighting and electricity for all
elements of the site. These elements will
include outdoor lighting, conduit for
future cameras, and secure electrical
outlets.
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Concept Plan
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11. Opinion of Probable Construction Cost
We will prepare opinions of probable construction cost at each phase of the project for all improvements shown on our plans.

12. Specifications
We will prepare book specifications identifying types and qualities of materials and methods to be used in construction.

SOUTH POIS-ADEHA

DOG PARK
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Dog Park Experience
17 Placentia Dog Park Architecture & Engineering Design Services City of Placentia

13. Owner Review Coordination and Revisions
We will coordinate plan reviews with you, your
staff and other city departments and make
revisions to plans and specifications as required.

14. Design Meetings
We have budgeted for meetings with you and City
staff during the duration of the design portion of
the project.

15. Bidding Coordination
We will respond to questions during the bidding
period and provide written responses to you for
distribution to the contractors.

16. Construction Administration
We will attend job site meetings during the course
of the project construction in order to generally
review and evaluate the construction schedule,
monitor performance, review quality control
standards, and provide assistance for any clarification or revision to the contract for construction.

October 31, 2023
We will explore creative signage like this dog park
in Sacramento
Shade Structure and Benches
South PAWS-adena Dog Park
Dog "restroom"
Orange Dog Park at Yorba Park
Orange Dog Park at Yorba Park
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Dog Park Experience
Yucca Valley Dog Park
18 SCOPE OF WORK
A. PROJECT MANAGEMENT AND COORDINATION
We will attend status meetings as necessary during the course of the project to keep the City staff abreast of the project development. We will establish review milestones in the project schedule and submit deliverable products in a timely manner for adequate City review and revision. We have included ten (10) scheduled meetings or presentations during design development and construction document preparation.

Schedule: This project will have an efficient timeline because of the Placentia Dog Park improvements March, 2024 ARPA funding deadline. Contract Documents must be completed and ready for Bid Advertisement.

B. RESEARCH AND SITE ANALYSIS
We will perform all necessary data collection that
will include research, gathering and reviewing
existing City and County records appropriate for
the project site. This information will include but
not be limited to:
• Existing utility record drawings
• City record drawings
• Photos and analysis of existing park
features and amenities
Mountain View Park
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We will complete all field reconnaissance necessary to verify existing improvements and site conditions and locate and identify undocumented surface improvements relevant to the proposed site improvements.

We will provide a new topographic survey for the project and utilize it for the base plan.

C. SCOPE OF WORK
RHA will identify an optimal location and create a concept plan for the City's first dog park on an existing park area. We understand there are currently five potential park locations for the Dog Park to be installed and the proposed locations are Parque de Los Ninos, Parque de Los Vaqueros, Kramer Park, McFadden Park, or Richard R. Samp Park. The exact locations of the Dog Park will be determined by the RHA and City of Placentia staff. RHA will help determine the overall best location including non -City property. The development of the "City of Placentia Dog Park" (the "Project") will include two separate off -leash spaces for large and small dogs. Additionally, improvements will include agility course features, a dog washing station, site furnishing, landscape, and automated irrigation system. We understand that the new dog park will be utilized citywide by dog owners, families with children and by various programs conducted or coordinated by the City of Placentia Community Services Department.
19 RHA will consider the following components to be incorporated within the new dog park:
• Optimal Dog Park Location within the City limits
• Park signage
• Two separate off leash spaces for small dogs and large dogs • Access to existing park area, if located at a City park • Perimeter fencing and security gates
• Pet proof fence and gate which include dog park entry corals • Walkways
• Installation of agility course features
• Optimal surface material for dog parks
• Dog wash station
• Water wise landscaping, including trees and landscape mounds • Site lighting
• Automatic irrigation system
• Survey: On -the -ground field topographical survey work is to be determined by DBA Engineering if any existing or horizontal and vertical features are needed for the project.

Itis the Consultant's responsibility to provide only the survey necessary for the design of the project components identified within this RFP. Consultant shall identify in the proposal a detail list of features thesurvey would include. Design level survey and base mapping of the project site shall be prepared in US customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in MicroStation CONNECT computer Aided design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. • Geotechnical investigation and report: The Consultant shall provide geographical services which includes but is not limited to infiltration testing, geographical exploration, and provides remediation recommendations if necessary • Environmental clearance: The consultant shall prepare, distribute, and file any environmental noticing, documents, preparation of studies and technical reports for environmental clearances that may be needed for the project to meet state funding. This includes, but is not limited to stateand local regulations, policies and procedures as they pertain to CEQA, environmental studies, environmental site assessment, and environmental reports
• Water Quality: The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements of the project and prepare a Water Quality Management Plan (WQMP) if deemed required. Consultant shall provide BMPs with appropriate size based on treatment and peak flow rates, freight to job site and one year of maintenance to include units and cost in the engineer's cost estimate. The selection of Best Management Practices (BMPs) will always be subject to site specific conditions and the Consultant will be required to perform the research into the site- specific 'conditions (e.g. prior contamination, depth to ground water, soil conditions, interfering utilities, etc.) that could preclude
20 infiltration. The Consultant shall also perform the required soils and/or infiltration system assuming it is the selected LID approach.
• Utility Coordination: The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains • Site amenities:
> Waste bag dispensers, trash bins, recycle bins, dog waste bins, hydration stations with pet bowls, interpretive signage, park benches, picnic tables, drinking fountains at entrances
RHA will organize a kick-off meeting with City staff to discuss conceptual design plans, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site visit to all five proposed locations. RHA will utilize the five proposed sites and will be responsible for providing all design and engineering as required for all components within the project scope of work which includes but is not limited to the preparation and submittal of the PS&E package through completion with the approval from City to release construction. The RHA Team will research all information pertinent to the project including, but not limited to existing field condition, as - built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The RHA Team will identify all existing and proposed facilities within the project's limits and potential conflicts. Additional input will be gathered from City staff and the 5 community meetings that will be required for the firm and City to hold. The RHA Team will provide permit -ready improvement plans, construction and bid documents for typical Public Works Projects as well as provide bidding and construction support. All work shall be prepared under the supervision of an architect licensed by the State of California, experienced in designing Public Dog Parks and all subconsultants will be licensedin their respective fields as well..

We Understand the city is adopting a two-phase process for delivering the final design effort of the project. Under Phase I, the RHA project team will receive a Notice to Proceed to complete a Needs Assessment and report that will also include the full complement of equipment, signage and amenities to use in the dog park and conceptual renderings, 35% complete design stage improvement plans, site plans and ALTA survey, refined site plans and space utilization based on input received from city staff and a 35%
21 design level construction cost estimate. The results of the Phase 1 35% design effort and construction cost estimate shall be shared with the City Council to evaluate whether it would like to proceed with the project through completion of the design phase and construction, or to scale back the size and scope of the project. The City Council could also elect to cancel the project at that phase. Proposers are asked to bifurcate work scopes, schedule and fees for the Phase 1 35% complete level and the Phase II 100% complete level in their proposals.

I. Project Management, Meetings and Task Effort
RHA will prepare and submit a comprehensive schedule to reflect the time frames required for completing each task of Phases I and 11 and show work tasks, phases, durations, milestones, assignments, critical path, and other relevant data. Milestones, which are interdependent, and the completion date of each milestone must be identified.

The RHA Team will provide overall management of the project, including approvals for a needs assessment, preliminary conceptual designs and coordination with the City, utilities and agencies as necessary to complete the scope of work. The consultant will be responsible for facilitating monthly virtual progress meetings with City Staff to Obtain input and discuss any project related items as well as provide project schedule. Meetings may include but not be limited to kick off and project development team meetings with City staff and future preconstruction and construction progress meetings.

RHA will attend at least five (5) community meetings to obtain the residents' input throughout the design process. Each Community Meeting will take place at the locations proposed.

Management activities will include development and maintenance of a critical path method (CPM) design schedule and progress reports to be distributed monthly. The schedule and billings shall be submitted in the form and in sufficient detail to track the project status and contract expenditures as outlined by the City at the beginning of the project.

Progress design coordination meetings: RHA at or before these progress design coordination meetings, shall supply two copies of all completed or partially completed reports, studies, plans, specifications and estimates which have been developed or altered during the previous month.

RHA will keep minutes of meetings and distribute a draft copy of minutes to the City for comments and approval. City comments shall be incorporated into the final meeting minutes by the Consultant to the satisfaction of the City.

Phase 1 35% Design Effort
We Understand that the City's anticipated delivery schedule for Phase I of this project is as follows:

January 2024 — City Council awards professional services agreement for Phase! 35% complete level architectural and engineering design services.

January 2024 — March 2024 — Phase 1 35% design effort completed.

April 2024 — City Council evaluation of 35% Phase I design effort. 22 Task 1.0 Needs Assessment
Utilizing the proposed site plans as a starting point, the consultant will work with City staff and the community to further refine the equipment, signage, amenities, and space utilization based on input provided by the City to identify in greater detail the various features, function, and form of the new Dog Park. Through the Community meetings the consultant will finalize the various equipment and amenities layout of the individual spaces within the site that fit with the intended programming usage. A Phase I Environmental Report and geotechnical investigation of the proposed project site must be completed as part of the project Needs Assessment.

The finished product will result in detailed site plans in conformance with current building codes and facilities of comparable size and amenities. Afinal detailed list of equipment, signage, and amenities are to be supplied and installed by the building contractor will also be provided. Schematic improvement plans, refined site plans and ALTA survey for the new Dog Park will be developed in tandem with the proposed programmatic uses for exterior spaces as part of this project phase. At the conclusion of Task

2.0, the consultant shall prepare a 35% level construction cost estimate for the project.

Task 2.0 Phase II 100% Improvement Plans and Construction Documents Should the City Council elect to proceed with this project after considering the 35% design effort, the City and consultant will amend the existing professional services agreement to proceed with Phase II of the project under a separate Notice to Proceed.

Under Phase II, the RHA Team will prepare permit -ready final engineered Plans, Specifications, and Estimates (PS&E) for the project based on the City Council- approved preferred project alternative.

The plans and specifications will be prepared and reviewed by the City at the 65%, and 100% design stages. The City's Building Official will also review and approve the plans for code compliance. Plans shall be prepared at a scale of 1" = 40' and shall be prepared using the latest version of AutoCAD. The improvement plans will include but are not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural designs, interior designs, furniture or equipment selections, electrical engineering, mechanical and pluming engineering, etc.

The RHA Team will need to coordinate with utility companies for any electrical service connections and water service connections for irrigation and water fountains. The bid specifications and construction documents shall be prepared based on typical Public Works construction and contract administration specifications such as the "Greenbook." The consultant will utilize the City's existing front-end boilerplate bid specifications and contract documents and attach all relevant technical specifications developed by the consultant for use on this project. All proposed Americans with Disability Act (ADA) improvements must follow current ADA and/or California Building Code (CBC) regulations. In addition, the consultant shall engage a Certified Access Specialist (CASp) to review its plans as well as to certify the final plan set as fully compliant with current ADA and/or CBC standards.

D. CONSTRUCTION DOCUMENTS
23 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
All plans will be developed using AutoCAD 2018. We will utilize the City title block at 24" x 36".

1. DEMOLITION PLAN
RHA will prepare a demolition plan that will identify all existing items within the proposed improvement area and whether they are to be protected -in-place or removed.

2. PRECISE GRADING & DRAINAGE PLAN
DBA will prepare precise grading and drainage plans. Plans will include plotting of the existing and proposed structures, finished grading design, and local area drainage design. Includes agency plan check revisions, construction notes, quantities, and construction details

3. HYDROLOGY REPORT
DBA will prepare a hydrologic analysis report in compliance with the Riverside County Hydrology Manual, latest addition. Report will document existing and proposed drainage patterns and systems. Includes hydrology map, hydrologic calculations, and a written narrative of the proposed project, its impacts, and how they are mitigated. Task does not include the analysis of off-site flows. WATER QUALITY MANAGEMENT PLAN/LOW IMPACT DEVELOPMENT (WQMP/LID)DBA will prepare the WQMP/LID documents in
conformance with the requirements and
conditions for Low Impact Development
(LID) improvements that are compliant with
NPDES Order R8-2010-0036 and NPDES No
CAS 618036 for the County of Los Angeles.

The WQMP/LID will analyze and prescribe
structural and non-structural Best
Management Practices (BMPs) in
compliance with LID standards. Treatment
control BMP's will be appropriately sized to
meet minimum flow rate/volume mitigation
design requirements of the local municipal
agency.

Mountain View Park, Lake Forest

4. CONSTRUCTION PLAN & DETAILS
RHA will prepare a construction plan that will locate by dimensioning all site elements including, splash pad, restroom, playground area, basketball courts, exercise stations, trail, concrete paving, and parking lot improvements and striping. Details will be provided to demonstrate proper construction and installation of all the site elements. 24 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
October 31, 2023

5. IRRIGATION PLAN & DETAILS
RHA will prepare irrigation plans that will provide irrigation systems on site to accommodate all new improvements. RHA will work with City staff to determine the location of point of connection and irrigation equipment to be incorporated into the design around the new amenities. Pressure loss calculations, point of
connection, mainline, lateral and head layout,
drip irrigation layout, controller location, and
flow calculations will be provided. Details will
be provided to demonstrate proper installation
of all irrigation equipment.

6. PLANTING PLAN & DETAILS
RHA will prepare detailed plans for all new
planting areas on the site. These plans will
locate and identify all items of plant material to
be used. Drought tolerant plant materials will
Butterfly Park, Ontario
be used to conserve water, reduce maintenance and ensure the long-term health and viability of the plant material.

7. ELECTRICAL PLAN & DETAILS
JCA Engineering will prepare an electrical plan and details that will locate lighting and provide power to the new light poles.

8. SPECIFICATIONS
We will prepare book specifications identifying types and qualities of materials and methods to be used in construction.

E. OPINION OF PROBABLE CONSTRUCTION COSTS
We will prepare a detailed opinion of probable construction cost at the design development stage and at 100% submittal of the construction documents. The estimate will be a very detailed line item document identifying all of the specific amenities proposed for construction.

F. BIDDING ASSISTANCE & COORDINATION
We understand that the City will coordinate the advertising of the plans and specifications for bidding and hand out all plans and specifications to the contractors. We will assist the City in preparing addendums, answering questions and attending a pre-bid conference.

G. CONSTRUCTION SUPPORT
RHA will review shop drawings, respond to requests for information, attend the preconstruction meeting, make eight (8) 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 and organize the meetings. We will support the City, advising and making recommendations.

The following duties will be included in the construction administration phase:
25 Placentia Dog Park Architecture & Engineering Design Services City of Placentia

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. Periodic visits (a total of 8 visits @ 3 hours/visit have been budgeted) to the job site 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.

October 31, 2023
Rancho Jurupa Regional Sports Park, Jurupa
Valley

3. All necessary drawings/specification clarifications will be prepared to further indicate project requirements.

4. 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 two (2) weeks from receipt of submittals in RHA's office.

5. Assistance will be provided as to the appropriateness of all testing and inspection related to the project.

6. 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.

7. A final inspection of the park at the conclusion of the landscape maintenance period. We will make recommendations for acceptance by the City as appropriate.

8. We will prepare as -built record drawings of the final installation based on as -built redline plans provided by the contractor.
26 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia

SCHEDULE

RHA LANDSCAPE ARCHITECTS WILL PROVIDE A DETAILED MICROSOFT PROJECTS SCHEDULE FOR EACH OF THE PROJECT TASKS AT THE KICK OFF MEETING FOR THE PLACENTIA DOG PARK PROJECT. THE FOLLOWING ARE THE MILESTONE DATES THAT WE WILL MEET:

January 2024 — City Council awards professional services agreement for Phase! 35% complete level architectural and engineering design services.

January 2024 — March 2024 — Phase 1 35% design effort completed.

April 2024 — City Council evaluation of 35% Phase I design effort.

May 2024 — City Council awards professional services agreement for professional architectural and engineering design services for Phase 11 100% Improvement Plans and Construction Documents effort.

May 2024 — August 2024 — Phase I 1100% Improvement Plans and Construction Documents effort completed.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Schedule
27 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia

REQUIRED STATEMENTS

1. RHA Landscape Architects will perform the services and adhere to the requirements described in this RFP, including any addenda.

2. RHA understands that subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.

3. RHA Landscape Architects will not substitute members of our designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.

4. RHA Landscape Architects has no Conflicts of Interests.

5. RHA Landscape Architects has had no Collusion with other proposing firms.

6. RHA Landscape Architects can and will fulfill the indemnification and insurance requirements contained in the sample contract.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.

Required Statements
28 Subtotal Hours
Subtotal Dollars
Placentia Dog Park
RHA Landscape Architects -Planners, Inc.

Resource Allocation and Cost Proposal
TASK
Phase 1 Needs Assessment and Preliminary Plan (35%)
Project Managemet and City Staff Meetings
Identify Optimal location and Preliminary Design
Community Meetings (5)
Design/Topographic Survey
Underground Utility Locating
Site Research and Review Project Data
Environmental Project Description
Biological Resources Survey
Aborist Survey & Tree Protection Plans
Environmental Records Search
Air Quality Assessment
Noise Assessment
Cultural Resources Record Search
Prepare Screencheck Class 32 Exemption Document
Revise Screencheck and Submit Final Class 32 Exemption
Prepare NOEs and Submit to County Clerk
Prelimnary Planning and Dog Park Design
Opinion of Probable Construction Cost(35%)
RHA Landscape Architects -Planners,
Inc.

Project Landscape
Principal
Manager Designer
$210
4 8
4 4
8 Subtotal Hours'
Subtotal Dollars' $
Expenses!
TOTAL
PHASE!! 100% IMPROVEMENT PLANS and CD's
Project Management and City Staff Meetings
Geotechnical Investigation & Report
Demolition Plan
Precise Grading and Erosion Control Plans
On Site Wet Utility Plan
Hydrology Study

WQMP/LID
Construction Plan & Details
Electrical Plan & Details
Irrigation Plan & Details
Planting Plan & Details
Specifications
Plan Revisions and Coordination
Opinion of Probable Construction Cost (65% & 100%)
Expenses!
TOTAL

TOTAL HOURS

TOTAL EXPENSES

TOTAL FEES

TOTAL DOLLARS
$175
12 8
20 2
$130
7 24
16 40
5 4
28 71 83
5,880 $ 12,425 $ 10,790 $
$1,530
$30,625
2 2
20 16
2 2
4 4
8 8
2 62
$ 4,200 $ 10,850
$1,470
$38,375
48 133
16 12
52 2
38 24
4 12
8 168
$ 21,855 $
David Beckwith & Associates
Principal
$325
Project
Manager
$305
Staff
$275
JCA Engineering
Principal
$230
20 12 14 2
Project
Manager
$180
6,500 $ 3,660 $ 3,850 $ 460 $
8 8
45 14,625
251 65
$3,000
$ 10,080 I $ 23,275 1 $
$69,000
Staff
$165
$14,010 $460
20 16
8 65
$ 19,825
$44,625
77 24
2 11
37 $ 10,175
24 24
$ 5,520
28 28
5,040
22 22
$ 3,630
$14,190
51 26
32,645 $
$0
21,125 1 $ 23,485 1 $ 14,025
$58,635
28 Principal
$220
Geocon
Project
Manager
$160
Staff
$100
8 $ 1,760
20 20
$ 3,200
39 39
$ 3,900
$8,860
22 8
$0
20 RHA Landscape Architects -Planners, Inc.

Principal
$200
UltraSystems
Project Manager
$165
Staff
$100
8 14
8 2
8 12
4 12
4 6
12 11
1 12
8 4
11 4
84 77
16,800 $ 12,705 $
Total Hours
47 40
24 26
14 22
4 18
6 32
16 35
3 8 28
13 33
8 6 29
1 9
4 64
9 54' 445
5,400
$34,905
39 84
$0
$ 5,980 1 $ 5,040 1 $ 3,630 $ 1,760 1 $ 3,200 1 $
$14,650 $8,860
77 54
$0
3,900 $
16,800 1 $ 12,705 1 $
$34,905
5,400 I
56 69
22 52
26 16
27 64
78 42
28 24
22 12
538
983
January 9, 2024
TOTAL
$ 9,370
$ 6,200
$ 4,340
$ 7,590
$ 4,170
$ 3,740
$ 2,990
$ 5,380
$ 5,015
$ 565
$ 4,380
$ 5,020
$ 1,460
$ 4,815
$ 1,560
$ 800
$ 9,680
$ 1,395
$ 78,470
$ 1,530
$ 80,000
$ 11,600
$ 9,210
$ 3,380
$ 15,300
$ 8,030
$ 5,040
$ 8,065
$ 9,000
$ 14,800
$ 5,640
$ 3,835
$ 5,490
$ 3,380
$ 1,810
! $ 104,580
1 $ 1,470
$ 106,050
983
3,000
Is
183,050
$ 186,050

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 RHA Landscpe Architects Planners, INC

N
N

Insured: RHA Landscape Architects -Planners, Inc.

Policy Number: OB3D820387
Policy Effective : 2/3/2023 Policy Expiration : 2/3/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SUMMARY OF COVERAGES

1. Additional Insured by Contract, Agreement or Permit

2. Additional Insured - Broad Form Vendors

3. Alienated Premises

4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators

5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics)

6. Personal and Advertising Injury - Broad Form

7. Product Recall Expense
Product Recall Expense Each Occurrence Limit
Product Recall Expense Aggregate Limit
Product Recall Deductible

8. Unintentional Failure to Disclose Hazards

9. Unintentional Failure to Notify
This endorsement amends coverages provided under the
coverages and broader coverage grants. This coverage is Businessowners Coverage Form, except as provided below.

The following changes are made to SECTION II -
LIABILITY:

1. Additional Insured by Contract, Agreement
Permit
The following is added to SECTION II
LIABILITY, C. Who Is An Insured:

Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured only with
respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused, in whole or in
part, by your acts or omissions, or the acts
or omissions of those acting on your behalf,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
Limits
Included
Included
Included
Page
1 2
3 Included 3
Included
Included
Included
$25,000
Occurrence
$50,000
Aggregate
$500
Included
Included
3 4
4 5
5 5
6 6
Businessowners Coverage Form through new
subject to the provisions applicable to the
(2) Premises you own, rent, lease or
occupy; or
or use of
or (3) Your maintenance, operation
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.

Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.

Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury"is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16
(3)
(5)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6

c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.

To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.

To "bodily injury', "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:
(3)
(5)
391-1006 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:

1. Required by the contract, agreement or
permit described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations.

This endorsement shall not
applicable Limits of Insurance
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.

2. Additional Insured - Broad Form Vendors
The following is added to SECTION
LIABILITY, C. Who Is An Insured:

Additional Insured - Broad Form Vendors
increase the
shown in the
a.
b.
c.

II -
Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.

The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
Will not be broader than coverage
provided to any other insured; and
Does not apply if the "bodily injury',
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
With respect to insurance afforded to such
vendors, the following additional exclusions
apply:

The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
(3)
(4)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6

(3)
Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
Any failure to make such inspection,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business in connection with the sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or
ingredient of any other thing or
substance by or for the vendor;
(8) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) Such inspections, adjustments, tests
or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
"Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)Any insured person or organization,
from whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
(5)
(7)
(9)
391-1006 08 16
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:

1. Required by the contract or agreement
described in Paragraph a.; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

3. Alienated Premises
SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage k.

Damage to Property, paragraph (2) is replaced by
the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.

4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
a.
b.

The following is added to SECTION II -
LIABILITY, B. Exclusions, 1. Applicable To
Business Liability Coverage, k. Damage to
Property:

Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.

Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.

For the purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:

1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.

5. Incidental Malpractice - Employed Nurses, EMT's
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured,
paragraph 2.a.(1)(d) does not apply to a nurse,
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6

emergency medical technician or paramedic
employed by you if you are not engaged in the
business or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.

6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.

Additional Exclusions Applicable only to
"Personal and Advertising Injury", paragraph
e. is deleted.
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is
replaced by the following:
b. Malicious prosecution or abuse of
process.
c. The following is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions, Definition 14. "Personal and
advertising injury":
"Discrimination" (unless insurance thereof is
prohibited by law) that results in injury to the
feelings or reputation of a natural person,
but only if such "discrimination" is:
(1) Not done intentionally by or at the
direction of:
(a) The insured;
(b) Any officer of the corporation,
director, stockholder, partner or
member of the insured; and
(2) Not directly or indirectly related to an
"employee", not to the employment,
prospective employment or termination
of any person or persons by an insured.
d. For purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:

1. "Discrimination" means the unlawful
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination"
does not include the unlawful treatment
of individuals based upon developmental,
physical, cognitive, mental, sensory or
emotional impairment or any
combination of these.
e. This coverage does not apply if liability
coverage for "personal and advertising
injury" is excluded either by the provisions of
the Coverage Form or any endorsement
thereto.

7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.

Applicable To Business Liability Coverage,
391-1006 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
o. Recall of Products, Work or Impaired
Property is replaced by the following:
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".

However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from:
(4) Failure of any products to accomplish
their intended purpose;
(5)
Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
Caprice or whim of the insured;
A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11)Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II -
LIABILITY, C. Who Is An Insured, paragraph

3.b.:
"Product recall expense" arising out of any
withdrawal or recall that occurred before you
acquired or formed the organization.
(7)
(8)
(9)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6

c. The following is added to SECTION II -
LIABILITY, D. Liability and Medical Expenses
Limits of Insurance:

Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
(1) Insureds;
(2) "Covered Recalls" initiated; or
(3) Number of "your products"
withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most that we will reimburse
you for the sum of all "product recall
expenses" incurred for all "covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All "product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
"occurrence".
e. Any amount reimbursed for "product
recall expenses" in connection with any
one "occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
"product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of "product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of "product
recall expenses" in connection with any
other defect or deficiency.

Product Recall Deductible
We will only pay for the amount of
"product recall expenses" which are in
excess of the $500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
"covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.

We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
g.
391-1006 08 16
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.

The Product Recall Expense Limits of
Insurance apply separately to each
consecutive annual period and to any
remaining period of less than 12 months,
starting with the beginning of the policy
period shown in the Declarations, unless the
policy period is extended after issuance for
an additional period of less than 12 months.

In that case, the additional period will be
deemed part of the last preceding period for
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled. Include a
description of "your product" and the
reason for the withdrawal or recall;
(2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:

1. "Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
"your product" has resulted or will result
in "bodily injury" or "property damage".

2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6

(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
Expenses incurred by "employees"
including transportation and
accommodations;
Expenses to rent additional
warehouse or storage space;
Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".
f. This Product Recall Expense Coverage does
not apply:
(3)
(5)
(6)
(7)
391-1006 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.

8. Unintentional Failure to Disclose Hazards
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions:

Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.

9. Unintentional Failure to Notify
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:

Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an "occurrence", offense, claim or "suit",
solely due to your reasonable and documented
belief that the "bodily injury", "property damage"
or "personal and advertising injury" is not
covered under this Policy.
(2)
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.

Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6

Insured: RHA Landscape Architects -Planners, Inc.

Policy Number: OB3D820387
Policy Effective : 2/3/2023 Policy Expiration : 2/3/2024 Hanover
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Insurance Group...

OB3 D820387 1001051

AVENUES BUSINESSOWNERS DELUXE PLATINUM ARCHITECTS AND

ENGINEERS PROGRAM BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT The following is added to SECTION I - PROPERTY :

The limits applicable to the coverages included in this endorsement may either be in addition to or included within the applicable Limit of Insurance. For application of the limits, refer to each coverage within this endorsement. Words or phrases in quotation marks have special meanings. The meaning of words or phrases in quotation marks is explained within the applicable coverage section. The coverages in this endorsement amend the coverage provided under the Businessowners Coverage Form through new coverages and replace coverage grants. These coverages are subject to the provisions applicable to this policy, except where amended within this endorsement.

If any of the property covered by this endorsement is also covered under any other provisions of the policy of which this endorsement is made a part of, or if more than one coverage under this endorsement applies, in the event of loss or damage, you may choose only one of these coverages to apply to that loss. The most we will pay in this case is the limit of insurance applying to the coverage you select. Coverages included in this endorsement apply either separately to each described premises or on an occurrence basis. Refer to each coverage within this endorsement for application of coverage.

We provide no coverage for Business Income; Extended Business Income; Extra Expense; or Business Income and Extra Expense from Dependent Properties for any of the Coverages included as part of this endorsement unless specifically stated, and then only to the extent provided for within that Scheduled or Blanket Coverage provision.

I. COVERAGES
1 Scheduled Coverages

1. Accounts Receivable On Premises
Accounts Receivable Off Premises

2. Backup or Overflow of a Sewer, Drain or Sump

3. Brands and Labels

4. Business Income Billable Hours Option

5. Business Income and Extra Expense - Dependent Properties

6. Transit Business Income and Extra Expense

7. Business Income from Websites

8. Civil Authority

9. Computer Equipment
Computer Equipment In Transit or Off Premises
Computer Equipment - Newly Acquired or Constructed Property

10. Computer and Funds Transfer Fraud

11. Consequential Loss to Stock

12. Contract Penalties

13. Denial of Access to Premises
114. Electronic Vandalism
115. Employee Theft Including ERISA Compliance
391-1448 08 16
Limit
$250,000
$250,000
Included 3
Included 3
$25,000 4
$100,000 4
$50,000 5
$50,000 / 7 Days 5
24 hour waiting
period
Included
$100,000 6
$100,000
$10,000 6
Included 6
$25,000 6
30 Days; 72 Hour 6
Waiting Period
$100,000 7
$50,000 7
Page
3 5
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 17

116.
117.

18. 1 19.

20. Expediting Expenses $25,000 7
Extended Business Income 90 Days 7
Fine Arts (Including Architectural Models) $100,000 8
Forgery or Alteration $50,000 8
Hired Auto - Physical Damage $50,000 8

21. Identity Theft Expense Reimbursement $15,000 9

22. Interruption of Computer Operations On Premises $500,000 10 Interruption of Computer Operations Off Premises $25,000/$50,000

23. Marring and Scratching Included 11

24. Money and Securities Inside the Premises $25,000 11 Money and Securities Outside the Premises $25,000
Money Orders and Counterfeit Money $25,000 11
Newly Acquired or Constructed Property -Business Income and Extra $500,000 11 Expense
Ordinance or Law - Demolition Cost Coverage and Increased Cost of $25,000 11 Construction
125.

26. 27.

28. Ordinance or Law - Increased Period of Restoration $50,000 11

29. Ordinance or Law (Tenants Improvement Extension) $25,000 12

30. Outdoor Property $25,000 12

31. Personal Effects $75,000 12

32. Portable Electronic Devices Coverage Worldwide $10,000 12

33. Precious Metal Theft Payment Changes $25,000 13

34. Preservation of Property - Expense $25,000 13

35. Personal Property in Transit Included 13

36. Sales Representative Samples $25,000 13

37. Temporary Relocation of Property $50,000 13

38. Tenant Signs Included 14

39. Utility Services
Direct Damage (Including Overhead Transmission Lines) $25,000 14 Business Income (Including Overhead Transmission Lines) $25,000

40. Valuable Papers and Records (Other Than Electronic Data) On Premises
Valuable Papers and Records (Other Than Electronic Data) Off Premises
141. Worldwide Property Off Premises
391-1448 08 16
$100,000
$100,000
14 $50,000 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 17

(SECTION II - LIABILITY Changes

11. 2.

Additional Insured by Contract, Agreement or
Additional Insured by Contract, Agreement or
Non-contributory

3. Aggregate Limit of Insurance (Per Project)

4. Damage to Premises Rented to You - Revised Limit

5. Limits of Insurance - Medical Expenses

6. Newly Acquired or Formed Organizations

7. Non -Owned Watercraft

8. Who Is An Insured - Unnamed Joint Venture
Permit - Amended
Permit - Primary and
II. DEDUCTIBLES
Deductibles are subject to the provisions
applicable to the Businessowners Coverage
Form except as provided below. We will not
pay for covered loss or damage in any one
occurrence unless the amount of loss or
damage exceeds the applicable Deductible
amount. We will then pay the amount of loss
or damage in excess of the Deductible up to
the applicable Limit of Insurance.

III. COVERED PROPERTY
Scheduled Coverages

1. Accounts Receivable
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, f. Accounts
Receivable, paragraphs (2) and (3) are
replaced by the following:
(2) We will pay under this Coverage
Extension for loss or damage in any
one occurrence at the described
premises. The most we will pay is
$250,000 for accounts receivable at
the described premises, unless a
higher Limit of Insurance for accounts
receivable is shown in the Additional
Property Coverage Schedule.

We will pay under this Coverage
Extension for loss or damage in any
one occurrence not at the described
premises. The most we will pay is
$250,000 for accounts receivable not
at the described premises.

2. Backup or Overflow of a Sewer, Drain or
Sump
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Backup or Overflow of a Sewer, Drain or
Sump
(3)
391-1448 08 16
Limit
Included
Included
Hanover
Insurance Group..

OB3 D820387 1001051
$1,000,000
$10,000 per person
180 Days
75 Feet
Included
Page
15 15
16 16
16 17
17 17
(1) We will pay for direct physical loss or
damage to Covered Property at the
described premises, solely caused by
or resulting from water or waterborne
material carried or moved by water
that backs up or overflows or is
otherwise discharged from a sewer,
drain, sump, sump pump or related
equipment. The term drain includes a
roof drain and its related fixtures.
(2) For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, B. Exclusions, g. Water,
paragraph (3) is deleted.

Payment under this Additional
Coverage is included within the
applicable Limit of Insurance for
Covered Property at a premises
described in the Declarations. This
Additional Coverage does not
increase the Limits of Insurance.
(4) Special Sewer Backup Exclusion
We will not pay for:
(a) Loss or damage from water or
other materials that back-up or
overflow from any sewer or drain,
sump, sump pump or related
equipment when it is caused by or
results from any "flood",
regardless of the proximity of the
back-up or overflow to the "flood"
condition; or
(b) Failure to keep a sump pump or
its related equipment in proper
working condition; or
(c) Failure to perform routine
maintenance or repair necessary
to keep a sewer or drain free from
obstructions.
(3)

3. Brands and Labels
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 17

The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:

Brands and Labels
(1) If Covered Property that has a brand
or label is damaged by a Covered
Cause of Loss and we elect to take
all or any part of the damaged
property at an agreed or appraised
value, you may extend the insurance
that applies to your Business
Personal Property to:
(a) Pay expenses you incur to:
(i)
Remove the brand or label
and then relabel the damaged
property to comply with any
applicable law; or
(ii) Label or stamp the damaged
property Salvage, if doing so
will not physically damage the
property.
(b) Cover any reduction in the
salvage value of the damaged
property as a result of the
removal of the brand or label.
(2) Payment under this Extension is
included within the Limit of Insurance
applicable to your Business Personal
Property.

4. Business Income Billable Hours Option
The following is added to SECTION I -
PROPERTY, A. Coverage, E. Property
Loss Conditions, 5. Loss Payment:

Business Income Billable Hours Option
(1) At your option you may choose to
settle a covered Business Income
and Extra Expense loss, as described
under the Business Income, Extra
Expense and Utility Services
Additional Coverages, on a billable
hours basis. If you choose this
settlement method, the billable hours
will be verified through review of your
historical financial records or based
on an average of your billable hourly
rate over the past 12 months.
(2) This loss settlement option is only
available to you prior to your
submission to us of calculations
described under SECTION I -
PROPERTY, A. Coverage, 5.

Additional Coverages, f. Business
Income.

If you choose this option, SECTION I -
PROPERTY, A. Coverage, 5.

Additional Coverages, f. Business
Income, paragraph (c) is replaced by
the following:
(c) Business Income means the:
(3)
391-1448 08 16
(i) Income that would have been
generated from billable hours
normally charged by you to
your clients for services
performed by you or your
employees if no physical loss
or damage occurred;
(ii) Other income of your business
that would have been incurred
if no physical loss or damage
occurred;
(iii) Continuing normal operating
expenses incurred, including
"payroll expenses". However,
if your business is not
generating any income
because you are primarily in
research or development or
have not yet brought your
product to market, your
continuing normal operating
expenses, including "payroll
expenses" will not be offset by
the Net Loss; and
(iv) "Rental Value".

For manufacturing risks, Net
Income includes the net sales
value of production.
(4) For any occurrence, the two
available methods for adjusting
and calculating Business Income
and Extra Expense loss may not
be combined. When the
alternative billable hours approach
described above is selected, the
maximum coverage under this
loss settlement option is $25,000
on an actual loss sustained basis.

5. Business Income and Extra Expense -
Dependent Properties
The heading for SECTION I - PROPERTY,
A. Coverage, 5. Additional Coverages, m.

Business Income from Dependent
Properties is replaced by the following:
m. Business Income and Extra Expense
from Dependent Properties
The following is added to Business
Income and Extra Expense from
Dependent Properties:

We will pay the necessary Extra
Expense you incur due to direct
physical loss of or damage to
"dependent property" caused by or
resulting from a Covered Cause of
Loss.

The definition of Extra Expense for this
Additional Coverage is replaced by
the following:

Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17

Extra Expense means necessary
expenses you incur during the "period
of restoration" for the "dependent
property" that you would not have
incurred if there had been no direct
physical loss or damage to the
premises of any "dependent property"
caused by or resulting from a
Covered Cause of Loss:
(1) To avoid or minimize the
"suspension" of business and to
continue "operations"; or
(2) To minimize the "suspension" of
business if you cannot continue
"operations".

We will reduce the amount of your
Extra Expense loss to the extent
you can return "operations" to
normal and discontinue such
Extra Expense.

Paragraph (2) of this Additional
Coverage is replaced by the
following:
(2) The most we will pay under
this Additional Coverage is
$100,000 per occurrence,
regardless of the number of
"dependent properties"
affected.

6. Transit Business Income and Extra
Expense
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Transit Business Income and Extra
Expense
(1) We will pay the actual loss of
Business Income you sustain and
necessary and reasonable Extra
Expense you incur caused by direct
physical Toss of or direct physical
damage to Covered Property while "in
transit" caused by or resulting from a
Covered Cause of Loss.
(2) SECTION I - PROPERTY, B.

Exclusions, paragraphs 1.b Earth
Movement and 1.g Water do not apply
to this Additional Coverage:

The most we will pay for loss in any
one occurrence under this Additional
Coverage is $50,000.
(4) The amount payable under this
Additional Coverage is additional
insurance.

7. Business Income from Websites
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
(3)
(3)
391-1448 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
Business Income from Websites
(1) You may extend this insurance to
apply to a "suspension" of
"operations" caused by direct
physical loss or damage to
property that you depend on for
"web site and communications
services" from a Covered Cause of
Loss.
(2) We will not pay for any loss of
Business Income you incur during
the first 12 hours that immediately
follows the time when you first
discovered the Covered Cause of
Loss. This Waiting Period does not
apply to Extra Expense.

The most we will pay for the actual
loss of Business Income and
necessary and reasonable Extra
Expense in any one occurrence
under this Additional Coverage is
$50,000 and only for the 7 -day
period immediately following the
Covered Cause of Loss.
(4) Coverage does not apply to
Websites unless there is a
duplicate or back-up copy of your
Web Page stored at a location that
is at least 1,000 feet away from the
premises of the vendor that
provides "web site and
communications services".
"Web Site and Communication
Services" means:
(a) Internet access, e-mail, web
hosting, value added network
services and application
software services at the
premises of others; or
(b) Network and router
infrastructure located more
than 1,000 feet from the
described premises.
b. This Additional Coverage is not subject
to SECTION I - PROPERTY, C. Limits of
Insurance.

8. Civil Authority
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, i. Civil Authority,
paragraph (2) is replaced by the following:
(2) Civil Authority Coverage for Business
Income will begin 24 hours after the
time of the first action of civil authority
that prohibits access to the described
premises and will end:
(a) Four consecutive weeks after the
time of that action; or
(b) When your Civil Authority Coverage
for Business Income ends;
(3)
(5)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 17

whichever is later.

9. Computer Equipment
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, r. Computer
Equipment, paragraph (6) is replaced by
the following:
(6) Regardless of the number of insured
locations involved, the most we will
pay for loss or damage under this
Additional Coverage in any one
occurrence is the applicable Limit of
Insurance for Covered Property at the
premises described in the
Declarations. .

The most we will pay for loss or
damage under this Additional
Coverage to property described in
paragraphs (1) and (2) above in any
one occurrence while "in transit" or at
a premises other than the described
premises is $100,000.

The most we will pay for loss or
damage under this Additional
Coverage to property described in
paragraphs (1) and (2) above in any
one occurrence for property that you
newly acquire is $100,000.

With respect to newly acquired
property under this Additional
Coverage, coverage will end when any
of the following occurs:
(a) The policy expires;
(b) 180 days after you acquire the
property listed in (1)(a - d);
(c) You report values to us.

The most we will pay for Extra
Expense is $5,000 or the amount
shown in the Additional Property
Coverage Schedule in any one
occurrence.

This Additional Coverage is not
subject to SECTION I - PROPERTY, C.

Limits of Insurance.

10. Computer and Funds Transfer Fraud
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, hh. Computer and
Funds Transfer Fraud, paragraph (3) is
replaced by the following:
(3) The most we will pay per occurrence
under this Additional Coverage is
$10,000 unless a higher Limit of
Insurance is shown in the Schedule of
Amended Limits of Insurance.

11. Consequential Loss to Stock
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:

Consequential Loss to Stock
391-1448 08 16
(1) You may extend the insurance that
applies to your Business Personal
Property to apply to the reduction in
value of the remaining parts of "stock"
in process of manufacture that are
physically undamaged but are
unmarketable as a complete product
because of direct physical loss or
damage from a Covered Cause of Loss
to other parts of covered "stock" in
process of manufacture at an insured
location.
(2) Should it be determined that such
"stock" retains only a salvage value,
we retain the option of paying the full
value of the "stock" as agreed within
this policy, and taking the damaged
property for salvage purposes.

Payment under this Coverage
Extension is included within the
applicable Limit of Insurance.

12. Contract Penalties
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Contract Penalties
(1) We will pay for contract penalties you
are required to pay due to your failure
to provide your product or service
according to contract terms because of
direct physical loss or damage by a
Covered Cause of Loss to Covered
Property.
(2) The most we will pay for all penalties
in any one occurrence is $25,000.

The amount payable under this
Additional Coverage is additional
insurance.

13. Denial of Access to Premises
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Denial of Access to Premises
(1) We will pay for the actual loss of
Business Income you sustain and
necessary Extra Expense you incur
when ingress to or egress from the
described premises is prevented, due
to direct physical loss of or damage to
property that is away from but within
2000 feet of the described premises,
caused by or resulting from any
Covered Cause of Loss covered under
this policy.
(2) The coverage for Business Income will
begin 72 hours after the loss or
damage to the premises that causes
the denial of access and will apply for
(3)
(3)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 17

(3)
a period of up to 30 consecutive days
after coverage begins.

The coverage for Extra Expense will
begin immediately after the loss or
damage to the premises that causes
the denial of access and will end:
(a) 30 consecutive days after
coverage begins; or
(b) When your Business Income
coverage ends;
whichever is earlier.
(4) The definitions of Business Income
and Extra Expense contained in the
Business Income Additional Coverage
and the Extra Expense Additional
Coverage also apply to this Denial of
Access to Premises Additional
Coverage.

14. Electronic Vandalism
SECTION I - Property, A. Coverage, 5.

Additional Coverages, dd. Electronic
Vandalism, paragraph (3) is replaced by
the following:
(3)
The most we will pay for loss of or
damage to computer "hardware" or
"software" in any one occurrence
under this Additional Coverage is
$5,000. The most we pay for all
covered losses to computer
"hardware" or "software" under this
Additional Coverage during each
separate 12 -month period of this
policy is $100,000.

The most we will pay under this
Additional Coverage for all loss or
damage sustained in any one policy
year, regardless of the number of
occurrences of loss or damage or the
number of premises, locations or
computer systems involved, is
$100,000, unless a higher Limit of
Insurance is shown in the
Declarations. If loss payment on the
first occurrence does not exhaust this
amount, then the balance is available
for subsequent loss or damage
sustained in, but not after, that policy
year. With respect to an occurrence
which begins in one policy year and
continues or results in additional loss
or damage in a subsequent policy
year(s), all loss or damage is deemed
to be sustained in the policy year in
which the occurrence began.

15. Employee Theft Including ERISA
Compliance
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, p. Employee Theft
Including ERISA, paragraph (6), is
replaced by the following:
391-1448 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
(6) The most we will pay for all loss
resulting directly from an occurrence is
$50,000. Regardless of the number of
years this policy remains in force or the
number of premiums paid, no Limit of
Insurance cumulates from year to year.

16. Expediting Expenses
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Expediting Expenses
(1) When a Covered Cause of Loss occurs
to Covered Property, we will pay for the
reasonable and necessary additional
expenses you incur to:
(a) Make temporary repairs;
(b) Expedite permanent repair or
replacement of damaged property;
or
(c) Provide training on replacement
machines or equipment.
(2) The most we will pay for loss under this
Additional Coverage in any one
occurrence is $25,000.

The amount payable under this
Additional Coverage is additional
insurance.

17. Extended Business Income
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, f. Business Income,
(2) Extended Business Income, (a) Extended
Business Income - Other Than Rental Value,
paragraph (ii) and (b) Extended Business
Income - Rental Value, paragraph (ii) are
replaced by the following:
(a) Extended Business Income - Other Than
Rental Value
(ii) Ends on the earlier of:
1) The date you could restore
your operations, with
reasonable speed, to the level
which would generate the
business income amount that
would have existed if no direct
physical loss or damage had
occurred; or
2) 90 consecutive days after the
date determined in (2)(a)(i)
above.
(b) Extended Business Income - Rental
Value
(ii) Ends on the earlier of:
1) The date you could restore
tenant occupancy, with
reasonable speed, to the level
which would generate the
"Rental Value" that would have
(3)
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 17

existed if no direct
physical loss or damage had
occurred; or
2) 90 consecutive days after the
date determined in (2)(b)(i)
above.

18. Fine Arts
a. SECTION I - PROPERTY, A. Coverage,

6. Coverage Extensions, x. Fine Arts,
paragraph (3) is replaced by the
following:
(3) The most we will pay for loss
under this Additional Coverage is
$100,000 per occurrence
regardless of the number of
locations or buildings involved.
b. For the purpose of this Additional
Coverage, SECTION I - PROPERTY, G.

Property Definitions, 21. "Fine Arts" is
replaced by the following:

21. "Fine Arts" means architectural
models, paintings, etchings,
pictures, tapestries, rare art glass,
art glass windows, valuable rugs,
statuary, sculptures, "antique"
furniture, "antique" jewelry,
bric-a-brac, porcelains, and
similar property of rarity, historical
value, or artistic merit.

19. Forgery or Alteration
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, k. Forgery or
Alteration, paragraph (5) is replaced by
the following:
(5) The most we will pay for any loss,
including legal expenses, under this
Additional Coverage is $50,000.

20. Hired Auto - Physical Damage
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Hired Auto - Physical Damage Coverage
(1) We will pay for loss to an "auto" you
or an "employee", at your direction,
lease, hire or rent without a driver for
a period of 30 days or less for the
purpose of conducting customary
operations for your business. This
does not include any "auto" you lease,
hire or rent from any of your
"employees" or members of their
households.

We will pay for loss to a covered
"auto" or its equipment caused by:
(a) Comprehensive coverage
From any cause except:
(i) The covered "auto's" collision
with another object; or
391-1448 08 16
(ii) The covered "auto's" overturn.
(b) Collision coverage
(i) The covered "auto's" collision
with another object; or
(ii) The covered "auto's" overturn.
(2) For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, A. Coverage, 2. Property
Not Covered, paragraph a. is replaced
by the following:
a. Aircraft, automobiles, motortrucks
and other vehicles subject to motor
vehicle registration and:
(1) Any "auto" as described in
paragraph (1) above, while
used in any professional or
organized racing or demolition
contest or stunting activity, or
while practicing for such
contest or activity;
(2) Tapes, records, discs or other
similar audio, visual or data
electronic devices designed for
use with audio, visual or data
electronic equipment;
Any device designed or used to
detect speed measuring
equipment such as radar or
laser detectors and any
jamming apparatus intended to
elude or disrupt speed
measurement equipment; or
(4) Any electronic equipment,
without regard to whether this
equipment is permanently
installed, that receives or
transmits audio, visual or data
signals and that is not
designed solely for the
reproduction of sound.

For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, B. Exclusions does not
apply with the exception of the
following exclusions:
(a) 1.d. Nuclear Hazard;
(b) 1.f. War and Military Action
For the purpose of this Additional
Coverage only, the following
exclusions are added to SECTION I -
PROPERTY, B. Exclusions:

1. We will not pay for loss to a
covered "auto" caused by or
resulting from someone causing
you to voluntarily part with the
"auto" by trick or scheme or under
false pretenses; or
(3)
(3)
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2. We will not pay for loss caused by
or resulting from wear and tear,
freezing; mechanical or electrical
breakdown; blowouts, punctures
or other road damage to tires.
(4) For the purpose of this Additional
Coverage only, the following is added
to SECTION I - PROPERTY, C. Limits
of Insurance:

Hired Auto Physical Damage Limits of
Insurance
The most we will pay for loss to any
one covered "auto" is the lesser of:
a. The actual cash value of the
damaged or stolen property as of
the time of loss;
b. The cost of repairing or replacing
the damaged or stolen property
with other property of like kind
and quality; or
c. $50,000.

The following is added to SECTION I -
PROPERTY, D. Deductibles,
paragraph 5.:

Hired Auto - Physical Damage
(6) For the purpose of this Additional
Coverage only, the following is added
to SECTION I - PROPERTY, G.

Property Definitions:

1. "Auto" means a land motor
vehicle, trailer or semitrailer that
is subject to motor vehicle
registration, or designed for travel
on public roads, including any
attached machinery or equipment.

The amount payable under this Additional
Coverage is additional insurance.

This coverage is excess to any other valid
insurance whether collectible or not.

21. Identity Theft Expense Reimbursement
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Identity Theft Expense
(1) We will pay for "expenses" incurred
by an "insured person" as a direct
result of any one "Identity Theft" first
discovered or learned of by such
"insured person" during the policy
period.

Any act or series of acts committed by
one or more persons, or in which
such persons are aiding and abetting
others against an "insured person", is
considered to be one "identity
theft" even if a series of acts
(5)
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continues into subsequent policy
period(s).
(2) With respect to this Additional
Coverage:
(a) "Expenses" means:
(i)
Costs for notarizing affidavits
or similar documents attesting
to fraud required by financial
institutions or similar credit
grantors or credit agencies;
(ii) Costs of certified mail to law
enforcement agencies, credit
agencies, financial institutions
or similar credit agencies;
(iii) Lost income resulting from:
1) Time taken off work to
complete fraud affidavits;
or
2) Meeting or talking to law
enforcement agencies,
credit agencies or legal
counsel.
(iv) Loan application fees for
reapplying for a loan or loans
when the original application is
rejected solely because the
lender received incorrect credit
information;
(v) Reasonable attorney fees to:
1) Defend lawsuits brought
against an "insured person"
by merchants, financial
institutions or their
collection agencies;
2) Remove any criminal or
civil judgments wrongly
entered against an
"insured person"; or
3) Challenge the accuracy or
completeness of any
information in a consumer
credit report;
(vi) Charges for long distance
telephone calls due to "Identity
theft" to:
1) Merchants;
2) law enforcement agencies;
3) Financial institutions or
other similar credit
grantors; or
4) Credit agencies
(vii)Reasonable fees for
professional financial advice or
professional credit advice.

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(3)
The most we will pay for
"expenses" under paragraph (2)
(a) is $5,000, subject to a
maximum of $200 per day.
(b) For purposes of this Additional
Coverage, "identity theft" means:

The act of knowingly transferring
or using, without lawful authority,
a means of identification of an
"insured person" with the intent to
commit, or to aid or abet another
to commit, any unlawful activity
that constitutes a violation of
Federal law or a felony under any
applicable state or local law; and
(c) "Insured person" means:
(i)
For sole proprietorships: The
individual who is the sole
proprietor of the Named
Insured shown in the
Declarations;
(ii) For partnerships: Any
individual that is a partner of
the Named Insured shown in
the Declarations;
(iii) For corporations or any other
type of organization: The
Chief Executive Officer, and
any individual who has an
ownership interest of at least
20% of the Named Insured,
shown in the Declarations.

The following additional exclusions
apply to this Additional Coverage:

We will not pay for:
(a) Expenses incurred due to any
fraudulent, dishonest or criminal
acts by:
(i) An "insured person";
(ii) Any person aiding or abetting
an "insured person"; or
(iii) Any authorized representative
of an "insured person";
whether acting alone or in
collusion with others; or
(b) Loss other than "expenses".

Account balances which arise out
of fraudulent or unauthorized
charges would be one example of
loss other than "expenses".
(4) Regardless of the amount of the
deductible for Covered Property
shown in the Declarations, the most
we will deduct from any claim for
"expenses" under this Additional
Coverage for any one "identity theft"
is $250.
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(5)
The most we will pay under this
Additional Coverage for all "Expenses"
arising out of all "Identity Theft" against
an "Insured Person" incurred in any
one policy year, regardless of the
number of "Identity Thefts" involved, is
$15,000 unless a higher Limit of
Insurance is shown in the Declarations.
(6) In order for coverage to be provided
under this Additional coverage, you
must send to us, within 60 days after
our request, receipts, bills or other
records that support your claim for
"expenses" under "identity theft"
coverage.

22. Interruption of Computer Operations
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, ee. Interruption of
Computer Operations, paragraph (3) is
replaced by the following:
(3) The most we will pay under this
Additional Coverage - Interruption of
Computer Operations for all loss
sustained and expense incurred in any
one policy year, regardless of the
number of interruptions or the number
of premises, locations or computer
systems involved is:
(a) $500,000 unless a higher Limit of
Insurance is shown in the
Declarations. If loss payment
relating to the first interruption
does not exhaust this amount, then
the balance is available for loss or
expense sustained or incurred as a
result of subsequent interruptions
in that policy year. A balance
remaining at the end of a policy
year does not increase the amount
of insurance in the next policy
year. With respect to any
interruption which begins in one
policy year and continues or
results in additional loss or
expense in a subsequent policy
year(s), all loss and expense is
deemed to be sustained or
incurred in the policy year in which
the interruption began.
(b) $25,000 in any one occurrence for
interruptions covered under
paragraphs (1) and (2) above for
loss arising out of a Covered
Cause of Loss occurring away from
the described premises. This per
occurrence limit applies regardless
of the number of premises
involved.
(c) $50,000 for all losses arising out of
interruptions covered under
paragraphs (1) and (2) that arise
out of a Covered Cause of Loss
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occurring away from the described
premises during each separate 12
month period of this policy.

23. Marring and Scratching
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:

Marring and Scratching
(1) You may extend the insurance that
applies to Business Personal Property
to apply to damage caused directly by
sudden and accidental marring and
scratching of:
(a) Your "stock";
(b) Your printing plates; or
(c) Property of others that is in your
care, custody or control.
(2) This Coverage Extension does not
apply to:
(a) Property at other than the
described premises; or
(b) Personal Property in transit.

Payment under this Coverage
Extension is included within Limit of
Insurance applicable to your Business
Personal Property.

24. Money and Securities
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, s. Money and
Securities, paragraph (5) is replaced by
the following:
(5) The most we will pay for loss in any
one occurrence is:
(a) $25,000 or the amount shown in
the Additional Property Coverage
Schedule Inside the Premises for
"money" and "securities" while:
(3)
(i)
(ii)
In or on the described
premises; or
Within a bank or savings
institution in the coverage
territory; and
(b) $25,000 or the amount shown in
the Additional Property Coverage
Schedule Outside the Premises
for "money" and "securities" while
at any other location listed in (1)
above and while in the coverage
territory.

25. Money Orders and Counterfeit Money
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, j. Money Orders
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and Counterfeit Money, paragraph (3) is
replaced by the following:
(3) The most we will pay for any loss
under this Additional Coverage is
$25,000.

26. Newly Acquired or Constructed Property -
Business Income and Extra Expense
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, a. Newly Acquired or
Constructed Property, paragraph (3) is
replaced by the following:
(3) Business Income and Extra Expense
You may extend the insurance that
applies to Business Income and Extra
Expense to apply to property at any
location you acquire. The most we will
pay for loss or damage under this
Extension is $500,000 at each
premises.

27. Ordinance or Law - Demolition Cost and
Increased Cost of Construction
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, I. Ordinance or Law,
(5) Loss Payment, paragraph (d) is
replaced by the following:
(d) The most we will pay for the total of all
covered losses for Demolition Cost and
Increased Cost of Construction for
each building described in the
Declarations is $25,000 or the amount
shown in the Additional Property
Schedule. If a damaged building(s) is
covered under a Blanket Limit of
Insurance and the Blanket Limit of
Insurance applies to more than one
building or item of property, then the
most we will under this Additional
Coverage, for each building, is $25,000,
or the amount shown in the Additional
Property Coverage Schedule.

28. Ordinance or Law - Increased Period of
Restoration
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law,
paragraph (4) Coverage:

If a Covered Cause of Loss occurs to
property at the premises described in
the Declarations, coverage is extended
to include the amount of actual and
necessary loss you sustain during the
increased period of "suspension" of
"operations" caused by or resulting
from the enforcement of any ordinance
or law that:
(a) Regulates the construction or
repair of any property;
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(b) Requires the tearing down of parts
of any property not damaged by a
Covered Cause of Loss; and
(c) Is in force at the time of loss.

However, coverage is not extended
under this endorsement to include
loss caused by or resulting from the
enforcement of any ordinance or law
which requires:
(d) The demolition, repair,
replacement, reconstruction,
remodeling or remediation of
property due to contamination by
"pollutants" or due to the
presence, growth, proliferation,
spread or any activity of "fungi",
wet or dry rot or bacteria; or
(e) Any insured or others to test for,
monitor, clean up, remove,
contain, treat, detoxify or
neutralize, or in any way respond
to, or assess the effects of
"pollutants", "fungi", wet or dry rot
or bacteria.
b. The following is added to SECTION I -
PROPERTY, A. Coverage 5. Additional
Coverages, I. Ordinance or Law, (5)
Loss Payment, paragraph (c):

The most we will pay for loss under
Increased Period of Restoration in any
one occurrence is $50,000 for each
described building shown in the
Declarations or the amount shown in
the Additional Property Coverage
Schedule. If a damaged building(s) is
covered on a blanket Limit of
Insurance which applies to more than
one building or item of property, then
the most we will pay for Increased
Period of Restoration for each
described building in any one
occurrence is $50,000.

29. Ordinance or Law (Tenant's Improvement
Extension)
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law,
paragraph (4) Coverage:

Coverage provided under paragraphs
(a), (b) and (c) above applies to
tenant's improvements and
betterments but only if a Limit of
Insurance is shown in the Declarations
for Business Personal Property.

Business Personal Property must be
insured on a replacement cost basis.

This extension is provisional and
excess to any other valid insurance
for tenant's improvements and
betterments whether collectible or not.
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b. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law, (5)
Loss Payment, paragraph (c):

Regardless of the number of locations
insured or buildings involved, the most
we will pay for any loss to tenant's
improvements and betterments under
this Additional Coverage in any one
occurrence is $25,000.

30. Outdoor Property
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, c. Outdoor Property,
paragraph (3) is replaced by the following:
(3) Regardless of the number of described
premises involved, the most we will
pay for loss or damage under this
Extension, including debris removal
expense, is $25,000, but not more than
$1,000 for any one tree, shrub or plant.

31. Personal Effects
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, d. Personal Effects,
paragraph (3) is replaced by the following:
(3) The most we will pay for loss or
damage under this Extension is $75,000
at each described premises.

32. Portable Electronic Devices Coverage
Worldwide
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Portable Electronic Devices Coverage
Worldwide
(1) We will pay for loss or damage caused
by or resulting from a Covered Cause
of Loss to portable electronic devices
while anywhere in the world, including
while "in transit".
(2) For the purpose of this Additional
Coverage, the following is added to
SECTION I - PROPERTY, G. Property
Definitions:

Portable electronic devices includes
laptops, tablets, e -readers,
smartphones or other lightweight,
hand-held or wearable devices capable
of storing, retrieving and processing
data.
(3) This coverage is provided when the
property is owned by you or owned by
others when in your or your
"employees- care, custody or control,
subject to SECTION I - PROPERTY, E.

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Property Loss Conditions, 5. Loss
Payment, paragraph d.(3)(b).
(4) We will not pay for loss or damage to
portable electronic devices when
caused by, resulting from, or arising
out of "theft" or unexplained loss
when the property is checked
baggage with a carrier for transit.

The provisions for a Business Income
loss will be governed by the terms of
SECTION I - PROPERTY, A. Coverage,

5. Additional Coverages, f. Business
Income except:
(a) There is no requirement that a
loss occur within 1,000 feet or at
the described premises as stated
in paragraph (1)(a); and
(b) The following are not included
under this Additional Coverage:
(i) Continuing normal operating
expenses incurred, including
"payroll expense";
(ii) Extended Business Income.
(6) The provisions for Extra Expense loss
will be governed by the terms of
SECTION I - PROPERTY, A. Coverage,

5. Additional Coverages, g. Extra
Expense except:
(a) There is no requirement that a
loss occur within 1,000 feet or at
the described premises as stated
in paragraph g.(1) and g.(2).

Limitations, item b. does not apply to
this Additional Coverage.
(8) SECTION I - PROPERTY, B.

Exclusions, 5. Business Income and
Extra Expense Exclusions, paragraph
(4) does not apply to this Additional
Coverage.

Regardless of the number of lost or
damaged portable electronic devices,
the most we will pay per occurrence
including actual loss of Business
Income you sustain and necessary
Extra Expense you incur, is $10,000.
(10)The amount payable under this
Additional Coverage is additional
insurance.

33. Precious Metal Theft Payment Changes
SECTION I - PROPERTY, A. Coverage, 4.

Limitations, paragraph c. is replaced by
the following:
c. For loss or damage by "theft", the
following types of property are
covered only up to the limits shown:
(5)
(7)
(9)
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OB3 D820387 1001051
$10,000 for furs, fur garments and
garments trimmed with fur.
$10,000 for jewelry, watches, watch
movements, jewels, pearls,
precious and semi-precious stones.

This limit does not apply to jewelry
and watches worth $250 or less per
item.
$25,000 for bullion, gold, silver,
platinum and other precious alloys
or metals.

34. Preservation of Property - Expense
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Preservation of Property - Expense
(1) If it is necessary to move Covered
Property from the described premises
to preserve it from loss or damage by
a Covered Cause of Loss, we will pay
your expenses to move or store the
Covered Property.
(2) This coverage applies for 90 days after
the property is first moved, but does
not extend past the date on which this
policy expires.
(3) The most we will pay under this
Additional Coverage is $25,000.

This Additional Coverage is an additional
amount of insurance.

35. Personal Property in Transit
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, i. Personal Property
in Transit, paragraph (5) is replaced by the
following:
(5) Payment under this Coverage
Extension is included within the Limit of
Insurance applicable to your Business
Personal Property

36. Sales Representative Samples
SECTION I - PROPERTY, 5. Additional
Coverages, y. Sales Representative
Samples, paragraph (3) is replaced by the
following:
(3) The most we will pay for any loss or
damage under this Additional
Coverage is $25,000.

37. Temporary Relocation of Property
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:

Temporary Relocation of Property
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(1) We will pay for loss of or damage to
Covered Property from a Covered
Cause of Loss while it is away from
the described premises, if it is being
stored temporarily at a location you do
not own, lease or operate while the
described premises is being renovated
or remodeled.
(2) This coverage applies for 90 days after
the property is first moved, but does
not extend past the date on which this
policy expires.

The most we will pay under this
Additional Coverage is $50,000.
(4) The amount payable under this
Additional Coverage is additional
insurance.

38. Tenant Signs
SECTION I - PROPERTY, A. Coverage, 5.

Additional Coverages, t. Tenant Signs,
paragraph (4) is replaced by the following:
(4) The most we will pay for loss or
damage in any one occurrence is the
Limit of Insurance for Business
Personal Property shown in the
Declarations.

39. Utility Services (Including
Transmission Lines)
a. SECTION I - PROPERTY, A. Coverage,

5. Additional Coverages, bb. Utility
Services, paragraphs (1) and (2) are
replaced by the following:
(1) We will pay for Toss of or damage
to Covered Property caused by an
interruption in service to the
described premises. The
interruption must result from direct
physical Toss or damage by a
Covered Cause of Loss to property
not on the described premises that
provides the services shown in
paragraph (3) below.

The most we will pay for Toss in
any one occurrence under this
Additional Coverage is $25,000 at
each described premises or the
Limit of Insurance shown in the
Additional Property Coverage
Schedule.
(2) We will pay for the actual Toss of
Business Income you sustain and
necessary Extra Expense you incur
caused by the interruption of
service at the described premises.

The interruption must result from
direct physical Toss or damage by
a Covered Cause of Loss to
property not on the described
premises that provides the
services shown in paragraph (3)
(3)
Overhead
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below.

We will only pay for loss you
sustain after the first 24 hours
following the direct physical loss or
damage to the property described
above.

The most we will pay for loss in
any one occurrence under this
Additional Coverage is $25,000 at
each described premises or the
Limit of Insurance shown in the
Additional Property Coverage
Schedule.
b. SECTION I - PROPERTY, A. Coverage,

5. Additional Coverages, bb. Utility
Services, paragraph (4) is deleted.

40. Valuable Papers and Records (Other Than
Electronic Data)
SECTION I - PROPERTY, A. Coverage, 6.

Coverage Extensions, e. Valuable Papers
and Records (Other Than Electronic Data),
paragraphs (2) and (3) are replaced by the
following:
(2) The most we will pay under this
Coverage Extension for loss or
damage to "valuable papers and
records" in any one occurrence at the
described premises is $100,000.

The most we will pay under this
Coverage Extension for loss or
damage to "valuable papers and
records" in any one occurrence not at
the described premises is $100,000.

41. Worldwide Property Off Premises
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:

Worldwide Property Off -Premises
(1) You may extend the insurance that
applies to your Business Personal
Property and Personal Property of
Others to apply to that property while
it is temporarily outside the coverage
territory if it is:
(a) Temporarily at a location you do
not own, lease or operate;
(b) Temporarily on display or exhibit
at any fair, trade show or
exhibition;
(c) Samples of your "stock" in trade in
the custody of your sales
representatives; or
(d) While "in transit" between the
described premises and a location
described in (a), (b) or (c) above.
(2) The most we will pay for loss or
damage under this Extension is
$50,000.
(3)
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(3) This Extension provides an additional
amount of insurance.

SECTION II - LIABILITY
Paragraphs 2. through 8. amend coverage
provided under SECTION II - LIABILITY.

1. Additional Insured by Contract, Agreement or
Permit - Amended
For purposes of the coverage provided by this
endorsement, Coverage 1. Additional Insured
by Contract, Agreement or Permit,
subparagraph c. (5) of the Businessowners
Liability Special Broadening Endorsement is
replaced by the following:

This provision does not apply to:
(5)
All professional liability as an
architect or engineer arising out of
any construction agreement or
activities under which any insured or
anyone acting on any insured's behalf
provides or provided service, advice,
expertise or work. Construction
includes, but is not limited to, the
plan, conception, design, build,
construct, assembly, development,
safety, erection, formation,
reconstruct, rehabilitation, repair, or
any improvement made to real
property. Construction also includes
the hiring, supervision or
management of any of these
activities. However, this exclusion
does not apply to liability arising out
of an insured's presence at a jobsite
that was not caused by professional
activities listed in the above
paragraph.

This exclusion applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment,
training or monitoring of others by
that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" or the offense which caused
the "personal and advertising injury"
involved professional liability as an
architect or engineer arising out of
any construction agreement or
activities under which any insured or
anyone acting on any insured's behalf
provides or provided service, advice,
expertise or work.

2. Additional Insured by Contract, Agreement or
Permit - Primary and Non-contributory
a. The following is added to SECTION III -

COMMON POLICY CONDITIONS
(APPLICABLE TO SECTION I - PROPERTY
AND SECTION II - LIABILITY), paragraph
H. Other insurance:

Additional Insured - Primary and
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Non -Contributory
If you agree in a written contract, written
agreement or permit that the insurance
provided to any person or organization
included as an Additional Insured under
SECTION II - LIABILITY, C. Who is an
Insured, is primary and non-contributory,
the following applies:

If other valid and collectible insurance is
available to the Additional Insured for a
loss covered under SECTION II -
LIABILITY of this Coverage Part, our
obligations are limited as follows:
(1) Primary Insurance
This insurance is primary to other
insurance that is available to the
Additional Insured which covers the
Additional Insured as a Named
Insured. We will not seek contribution
from any other insurance available to
the Additional Insured except:
(a) For the sole negligence of the
Additional Insured;
(b) When the Additional Insured is an
Additional Insured under another
primary liability policy; or
(c) When b. below applies.

If this insurance is primary, our
obligations are not affected unless any
of the other insurance is also primary.

Then, we will share with all that other
insurance by the method described in
c. below.
(2) Excess Insurance
(a) This insurance is excess over any
of the other insurance, whether
primary, excess, contingent or on
any other basis:
(i)
That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(ii) That is Fire insurance for
premises rented to the
Additional Insured or
temporarily occupied by the
Additional Insured with
permission of the owner;
(iii) That is insurance purchased by
the Additional Insured to cover
the Additional Insured's liability
as a tenant for "property
damage" to premises rented to
the Additional Insured or
temporarily occupied by the
Additional with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
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(3)
"autos" or watercraft to the
extent not subject to Exclusion
g. of SECTION II - LIABILITY.

B. Exclusions, 1. Applicable to
Business Liability Coverage.
(v) That is insurance available to
you for your participation in
any past or present "unnamed
joint venture".
(vi) That is any insurance you may
have that provides coverage
for your professional services.
(b) 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.
(c) 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:
(i) The total amount that all such
other insurance would pay for
the loss in the absence of this
insurance; and
(ii) The total of all deductible and
self-insured amounts under all
that other insurance.

We will share the remaining loss, if
any, with any other insurance that
is not described in this Excess
Insurance provision and was not
bought specifically to apply in
excess of the Limits of Insurance
shown in the Declarations of this
Coverage Part.

Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach, each insurer contributes
equal amounts until it has paid its
applicable limit of insurance or none of
the loss remains, whichever comes
first. If any of the other insurance does
not permit contribution by equal
shares, we will contribute by limits.

Under this method, each insurer's
share is based on the ratio of its
applicable limit of insurance to the
total applicable limits of insurance of
all insurers.
b. For the purposes of coverage provided
under this endorsement, the following
definition is added to SECTION II -
391-1448 08 16
LIABILITY, F. Liability and Medical Expense
Definitions:

1. "Unnamed joint venture" means any
joint venture in which you are a
member or partner where:
a. Each and every one of your
co -ventures in that joint venture is
a hair salon.
b. That joint venture is not.

3. Aggregate Limit of Insurance (Per Project)
a. For purposes of the coverage provided by
this endorsement, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expenses Limits:

The General Aggregate Limit under D.

Liability and Medical Expenses Limits of
Insurance applies separately to each of
"your projects" or each location listed in
the Declarations.
b. For purposes of the coverage provided by
this endorsement, the following definition
is added to SECTION II - LIABILITY, F.

Liability And Medical Expenses Definitions:

1. "Your project" means:
a. Any premises, site or location at,
on, or in which "your work" is not
yet completed; and
b. Does not include any location
listed in the Declarations.

4. Damage to Premises Rented To You - Revised
Limit
SECTION II - LIABILITY, D. Liability And
Medical Expenses Limits of Insurance,
paragraph 4. is replaced by the following:

4. The most we will pay under Business
Liability Coverage f or damages because
of "property damage" to any one premises,
while rented to you or while temporarily
occupied by you with permission of the
owner will be the greater of:
a. $1,000,000; or
b. The Limit of Insurance f or Damage to
Premises Rented To You shown in the
Declarations.

5. Limits of Insurance - Medical Expenses
For purposes of the coverage provided by this
endorsement, SECTION II - LIABILITY, D.

Liability and Medical Expenses Limits of
Insurance, paragraph 3. is replaced by the
following:

3. Subject to the Liability and Medical
Expenses Limits Limit, the most we will
pay for all medical expenses because of
"bodily injury" sustained by any one
person is $10,000 or the Medical Expenses
limit shown in the Declarations, whichever
is greater.

Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17

6. Newly Acquired or Formed Organizations
SECTION II - LIABILITY, C. Who is An
Insured, paragraph 3. a. is replaced by the
following:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier.

7. Nonowned Watercraft
SECTION II - LIABILITY, B. Exclusions, 1.

Applicable to Business Liability Coverage, g.

Aircraft, Auto or Watercraft, (2) Aircraft (Other
Than Unmanned Aircraft), paragraph (b) is
replaced by the following:
(b) A watercraft you do not own that is:
(i) Less than 75 feet long; and
(ii) Not being used to carry persons or
property for a charge.

8. Who is an Insured - Unnamed Joint Venture
a. For purposes of the coverage provided by
this endorsement, the final paragraph of
SECTION II - LIABILITY, C. Who Is An
Insured is replaced by the following:

Unnamed Joint Venture
No person or organization is an insured
with respect to the conduct of any current
or past partnership, joint venture or
limited liability company that is not
shown as a Named Insured in the
Declarations. However, this does not
apply to you, for your participation in any
past or present "unnamed joint venture",
or if that person or organization is
391-1448 08 16
Hanover
Insurance Group..

OB3 D820387 1001051
otherwise an additional insured under
Additional Insureds - Unnamed Joint
Venture below.
b. For purposes of the coverage provided by
this endorsement, the following is added to
SECTION II - LIABILITY, C. Who is an
Insured:

Additional Insureds - Unnamed Joint
Venture:

You, as an insured for your participation in
any past or present "unnamed joint
venture". However, you are not an insured
if the "unnamed joint venture" has:
(1) Direct employees; or
(2) Owns, rents, or leases any real or
personal property.

No other member or partner, or their
spouses, of any past or present "unnamed
joint venture" is an insured.
c. For purposes of the coverage provided by
this endorsement, the following definition is
added to SECTION II - LIABILITY, F.

Liability And Medical Expenses Definitions:

1. "Unnamed joint venture" means any
joint venture in which you are a
member or partner where:
a. Each and every one of your
co -ventures in that joint venture is
an architectural, engineering or
surveying firm; and
b. That joint venture is not named in
the Declarations.

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.

Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 17 of 17

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization as required by written contract.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/21/2023 Policy No. SWC1449782
Insured RHA Landscape Architects -Planners, Inc.

Insurance Company Security National Insurance Company
Countersigned by
WC 04 03 06
(Ed. 04-84)
Endorsement No. 0
Premium $

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: JANUARY 23, 2024
SUBJECT: ADOPT RESOLUTION OF INTENTION TO ESTABLISH CITY OF PLACENTIA COMMUNITY FACILITIES DISTRICT NO. 2024-01 (OLD TOWN PUBLIC

INFRASTRUCTURE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX

THEREIN TO FINANCE CERTAIN SERVICES AND RESOLUTION OF

INTENTION TO ALLOW FOR FUTURE ANNEXATION OF TERRITORY TO CITY OF PLACENTIA COMMUNITY FACILITIES DISTRICT NO. 2024-01 (OLD TOWN

MAINTENANCE SERVICES)
FISCAL
IMPACT: PROJECTED ANNUAL EXPENSE: $187,400
PROJECTED ANNUAL REVENUE: $187,400
SUMMARY:

On July 11, 2017, the Placentia City Council approved the adoption of the Old Town Revitalization Plan. The Old Town Revitalization Plan includes a comprehensive Streetscape Master Plan.

Streetscapes are the common connectors between plazas, spaces, parking, and buildings. During public review of the Old Town revitalization project, the public requested a consistent aesthetic that would include curb appeal, earth tones, welcome signs, and streetlights with hanging plants and other amenities such as bike racks, benches, and planters. Street art and public plazas were also desired. Staff coordinated the creation of a Streetscape Master Plan for the Old Town area, emphasizing these components. The Streetscape Master Plan dictates the specific amenities for the Old Town area, so that these elements will be consistent throughout and give the area a sense of place and a feeling of cohesiveness. These include widened sidewalks, landscape enhancements, new trees, bike racks, lighting, trash receptacles, bollards and seating.

In 2020, the City, in partnership with the County of Orange, established an Enhanced Infrastructure Financing District (EIFD). The purpose of the EIFD is to create a funding mechanism that can facilitate the construction of the Streetscape Master Plan in Old Town Placentia.

The recommended actions will initiate the formation of a Mello -Roos Community Facilities District ("CFD") for the purposes of partially funding the maintenance of the Streetscape Master Plan and will set the time and place of the required public hearing. The recommended actions will also establish a proposed annexation area which will allow for future parcels to be annexed into the CFD. The initial CFD will encompass the Orange County Assessor's Parcels identified as 339- 052-27 (2 Guys, LLC, a California Limited Liability Company), at 132 South Bradford Avenue with property owners Walt Lynch and Kenneth Binnings. The future annexation area will encompass

3.b.

Jan 23, 2024

City Council Agenda
January 23, 2024

Page 2 of 4 ends

Placentia City CouncilJanuary 23, 2024

Placentia City Council
January 23, 2024