ADDITIONAL INSUREDS 1
LASS PAYEE
Additional Insured - CA2001/Loss Payee - CA9944
P.O. Box 16805
Saint Louis, MO 63105
As respects vehicle(s): ALL
Additional Insured - NIAC Al
Brookfield Properties
3200 Park Dr Ste 1000
Costa Mesa, CA 92626
As respects vehicle(s): N/A
Additional Insured - NIAC Al
City Of Carson
701 East Carson St.
Carson, CA 90745
As respects vehicle(s). ALL
Additional Insured - NIAC Al
City of Garden Grove, its officers, officials, agents,
employees and volunteers
P.O. Box 100085-GV
Duluth, GA 30098
As respects vehicle(s): ALL
Additional Insured - NIAC Al
City of San Diego, the San Diego Housing Commission &
the Housing Authority of the City of San Diego, and their employees & agents
1122 Broadway, Ste.300-cfo San Diego Housing Co
San Diego, CA 92101
As respects vehicle(s): ALL
Additional Insured - NIAC Al
City of San Jose - Finance Risk Management
200 E Santa Clara St., 14th Floor Tower
San Jose, CA 95113
As respects vehicle(s): ALL
COUNTERSIGNED: 8/4/2023 BY
(AUTHORIZED REPRESENTATIVE)
NIAC - SCHEDULE Al - NPO
El
NON PROF ITS
INSURA NICE
Al I IANl r ( F c AI l FORN IA
.4 Head for insurance. A Heart for Nonprofits,
NONPROFITS INSURANCE ALLIANCE
OF CALIFORNIA (NIAC)
www.insurancefornonprofits.org
BUSINESS AUTO COVERAGE
ADDITIONAL INSURED/LOSS PAYEE EXTENSION
POLICY NUMBER: 2023-01280-NPO
NAME OF INSURED: People Assisting the Homeless; PATH Partners Schedule Al
ADDITIONAL INSUREDS 1
LOSS PAYEE
Additional Insured - NIAC A1
City of San Jose, its officers. employees, agents and
contractors
200 E Santa Clara St., 13th Floor
San Jose, CA 95113
As respects vehicle(s): ALL
Additional Insured - NIAC Al
Enterprise Community Partners, Inc.
70 Corporate Center
Columbia, MD 21044
As respects vehicle(s): ALL
Additional Insured - NIAC Al
Enterprise FM Trust
P.O. Box 16805.
Saint Louis. MO 63105
As respects vehicle(s): ALL
Loss Payee - CA9944
Hyundai Lease Titling Trust
P.O. Box 105299
Atlanta, GA 30348
As respects vehicle(s)•. 57
Additional Insured - NIAC Al
Maguire Properties - 755 S. Figueroa, LLC; Brookfield
DTLA Fund Properties II, LLC;
3200 Park Dr.. Ste 1000
Costa Mesa, CA 92626
As respects vehicle(s): ALL
Additional Insured - NIAC Al
Santa Barbara County, its officers, officials, employees, agents and volunteers
300 N San Antonio Rd, Bldg, 3
Santa Barbara, CA 93110
As respects vehicle(s): ALL
COUNTERSIGNED: 8/4/2023 BY
ce.
(AUTHORIZED REPRESENTATIVE)
NIAC - SCHEDULE Al - NPO
111
NONPROFITS
INSURANCE
Al I I:\NC( 01 ( Al Irl1RNIA
A Head fnr Insurance. A Heart for Nonprofits.
NONPROFITS INSURANCE ALLIANCE
OF CALIFORNIA (NIAC)
www.insurancefornonprofitsorg
BUSINESS AUTO COVERAGE
ADDITIONAL INSURED/LOSS PAYEE EXTENSION
POLICY NUMBER: 2023-01280-NPO
NAME OF INSURED: People Assisting the Homeless; PATH Partners Schedule AI
ADDITIONAL INSUREDS /
LOSS PA EE
Additional Insured - NIAC A1
The Cities of Placentia; Brea; Buena Park: Cypress
Fullerton; La Habra; La Palma; Los Alamitos; Orange:
Stanton, Yorba Linda; Villa Park,
401 E. Chapman - Attn: City Administrator
Placentia, CA 92870
As respects vehicle(s): ALL
Additional Insured - NIAC A1
The City of Santa Barbara, its officers, employees and
agents
P.O. Box 1990
Santa Barbara. CA 93102
As respects vehicle(s): ALL
Additional Insured - NIAC Al
The City of Santee, its City Council and each member
thereof, its officers, employees, and agents
10601 Magnolia Ave.
Santee. CA 92071
As respects vehicle(s): ALL
COUNTERSIGNED: 814/2023 BY
(AUTHORIZED REPRESENTATIVE)
NIAC - SCHEDULE AI - NPO
RESOLUTION NO. R-2024-19
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
Amount
Type
Special Revenue
Funds
Placentia
Navigation Center
Community Services
-6290
$916,495
Expense
Special Revenue
Funds
Placentia
Navigation Center
Community Services
-6290
$916,495
Revenue
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2024-19
PASSED, ADOPTED AND APPROVED THIS 19th DAY OF MARCH 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert 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 19th day of March 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2024-19
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE MARCH 19, 2024
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO BIG BEN ENGINEERING FOR
SEWER REPAIR WORK IN OLD TOWN PLACENTIA
FISCAL
IMPACT: EXPENSE: $135,000 CONSTRUCTION CONTRACT
$ 13,500 CONTINGENCY AMOUNT
$148,500 TOTAL CONSTRUCTION COST
BUDGETED: $148,500 TOTAL BUDGET
$148,500 FY 23-24 CIP BUDGET (799800-6750 J/L 243301-6750) SUMMARY:
The scope of work for this project consists of repairing two collapsed sewer lines identified by City Maintenance Staff within the Old Town area that need immediate repair. One location is on Center Street, east of Bradford Avenue, and the other location is on Camarillo Street. As a part of Golden State Water Company's (GSWC) Bradford Transmission Main Project, they are installing a new water transmission main on Bradford from Chapman to Santa Fe and a new distribution main at the alley to the west of Bradford from Chapman to Santa Fe. This action provides the City with an opportunity to advance much needed sewer repair work and achieve some cost efficiencies by utilizing GSWC's contractor, Big Ben Engineering whom is already mobilized on site, to perform sewer repairs near their project limits.
The construction cost for this work amounts to $135,000 and covers the cost of all sewer removals, replacement, and repairs. The total construction cost is $148,500 and includes the cost proposal provided by Big Ben Engineering and a construction contingency amount of 10%.
Staff recommends that the City Council award a Public Works Agreement to Big Ben Engineering to complete this project.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Public Works Agreement for Project No. 3301 with Big Ben Engineering for an amount not -to -exceed $135,000; and
1.m.
March 19, 2024
City Council Agenda
March 19, 2024
2. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount, or $13,500; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLANNING STATEMENT
There is no specific Strategic Plan Goal or Objective associated with this agenda item.
DISCUSSION:
As part of the Golden State Water Company's (GSWC) Bradford Transmission Main Project, they are installing a new water transmission main on Bradford Avenue from Chapman Avenue to Santa Fe Avenue and a new distribution main at the alley to the west of Bradford Avenue from Chapman Avenue to Santa Fe Avenue. The water transmission main work includes approximately 1,450 feet of 12" polyvinyl chloride (PVC) pipe on Bradford and approximately 2,000 feet of 8" ductile iron pipe (DIP) at the alley just west of Bradford Avenue. This ongoing work provides an opportunity for the City to advance much needed sewer repair work by capturing economies of scale by allowing GSWC's contractor, Big Ben Engineering, to repair two collapsed sewer lines identified by City Maintenance Staff within the Old Town area that are in need of immediate attention. One location is on Center Street, east of Bradford Avenue, and the other location is on Camarillo Street. Given the sensitive nature of the sewer repairs, Staff recommends that these repairs be advanced as soon as possible.
The construction cost for this work amounts to $135,000. The total construction cost is $148,500 and includes the cost proposal provided by Big Ben Engineering and a construction contingency amount of 10%. Staff recommends that the City Council award a Public Works Agreement to Big Ben Engineering in the amount of $135,000 to complete this project.
FISCAL IMPACT:
The total construction cost for this work amounts to $148,500. This cost consists of the proposal submitted by Big Ben Engineering in the amount of $135,000 and a construction contingency in the amount of $13,500. Staff has carefully reviewed the cost proposal provided by the contractor and found it to be reasonable for the work to be provided. This project was exempt from following typical bidding procedures, pursuant to City Municipal code § 3.08.070, due to the emergency nature of the repair, which required the work to be performed by the nearest available source.
Sufficient funds are budgeted and available in the FY 2023-24 CIP Budget to cover this expense.
As such, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
Chris Tanio, P.E. '— defniier Lampman
Deputy Director of Public Works/City Engineer/Director of Finance
City Council Agenda
March 19, 2024
Reviewed and approved:
(AiS 'S
Reviewed and approved:
Luis Estevez Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Public Works Agreement with Big Ben Engineering
2. Proposal from Big Ben Engineering
Project No. 3301
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
BIG BEN ENGINEERING, INC.
THIS AGREEMENT (herein "Agreement") is made and entered into this 19th day of March, 2024 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and Big Ben Engineering, Inc. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Sewer Repairs in Old Town Placentia 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 Big Ben Engineering a (California corporation, partnership, individual) located at 4790 Irvine Blvd, #105-404, Irvine, CA 92620
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave., Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
1 Project No. 3301
(f)
Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E".
2.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
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 2 Project No. 3301
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.
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 ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved 3 Project No. 3301
by the Contract Officer. 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 as required by SB 854 and Labor Code 1725.5 and understands that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section 1771.4 and shall post all legally required job site notices. 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 One Hundred Forty Eight Thousand Five Hundred Dollars ($148,500.00)(herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4 Project No. 3301
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Ma.eure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than March 19, 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:
Big Ben Engineering Inc.
4790 Irvine Blvd, #105-404
Irvine, CA 92620
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to 5 Project No. 3301
enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class I I , or Class II I disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
6 Project No. 3301
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION, AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
The City of Placentia, its officers, officials, employees, agents, and volunteers shall be named as additional 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 as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which 7 Project No. 3301
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, as well as providing the City with the required endorsements, 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 protect, defend, indemnify, and hold free and harmless the City of Placentia, its officers, officials, employees, agents, and volunteers, 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 any way connected 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 acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Contractor, its employees, and/or subcontractors. (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, officials, employees, agents, or volunteers 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, officials, employees, agents, and volunteers harmless therefrom. (c) In the event the City, its officers, officials, employees, agents, or volunteers are 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, officials, employees, agents, or volunteers any and all costs and expenses incurred by the City, its officers, officials, employees, agents, 8 Project No. 3301
or volunteers in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any State or Federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
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's Key Rating Guide or in the Federal Register, and only if they are of a Financial Size Category Class VII or larger, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Project Manager and Risk Manager determine 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 Project Manager provided that the Contractor shall have the right to appeal a determination of increased coverage by the Project Manager to the City Council of City within ten (10) days of receipt of notice from the Project Manager.
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 9 Project No. 3301
under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any 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 7920.000 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 7924.510, 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.
10 Project No. 3301
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.
Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
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 11 Project No. 3301
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 ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit "A") or Schedule of Performance (Exhibit "B"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
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 U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
City of Placentia
401 E. Chapman Ave.
Placentia, California 92870
Attn: Chris Tanio, Deputy Director of Public Works / City Engineer To Contractor: Big Ben Engineering, Inc.
4790 Irvine Blvd, #105-404
Irvine, CA 92620
949-660-9400
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 12 Project No. 3301
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. Contractor's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
To the extent required by law, contractor shall take affirmative action to 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 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
13 Project No. 3301
(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 -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to 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.
14 Project No. 3301
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances, and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances, and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
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, 15 Project No. 3301
estimates, and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. 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 Acreement. 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 16 Project No. 3301
inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula , City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
CONTRACTOR:
Date:
Signature
Name and Title
Taxpayer ID Number
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
17 Project No. 3301
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Date:
Chris Tanio, Deputy Director of Public Works / City Engineer DEPARTMENTAL APPROVAL:
Date:
Luis Estevez, Deputy City Administrator
18 Project No. 3301
(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 ($... ),
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. 3301
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20_
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Project No. 3301
(Use of City Form is Required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Principal
Signature:
Title
Project No. 3301
(Use of City Form is Required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.
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. 3301
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. 3301
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true. b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c. That such bid or proposal is genuine and not collusive or sham. d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else.
Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.
That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
J.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 3301
EXHIBIT B
SCHEDULE OF PERFORMANCE
Project No. 3301
EXHIBIT C
INSURANCE REQUIREMENTS
Project No. 3301
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
BIGBENC-01
KVINOKU
,acoRO CERTIFICATE OF LIABILITY INSURANCE
��
DATE(MMIDDIYYYY)
3/14/2024
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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0M70471
Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC
1800 Quail Street, Suite 110
Newport Beach, CA 92660
CONTACT NAME: Karin Vinokur
PHONE
( ): ( ) {A/c, Ne):(949) 2634860
No, t rct 949 942-1100 F"'t
a ss: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIL
INSURER A: Starr Surplus Lines Ins. Co.
13604
INSURED
Big Ben, Inc.
4790 Irvine Blvd. #105-404
Irvine, CA 92620
INSURER B: Depositors Insurance Company
42587
INSURER C: Starr Indemnity & Liability Company
38318
INSURER D: NATIONWIDE MUTUAL INSURANCE COMPANY
23787
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR
TYPE OF INSURANCE
IN L p
SUBR WVD
POLICY NUMBER
POLICY EFF
/D
(dtM D/YYYY)
POLICY EXP
IMM/DD/YYYYI
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
1000066896231
415/2023
4/5/2024
EACH OCCURRENCE
$ 1,000,000
1 CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence/
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
AGGREGATE
LIMIT APPLIES
PELT
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
X
—
LIABILITY
ANY AUTO
OWNED
SCHE
AUTOSULED
NON -OWNED
AUTOS ONLY
X
X.
ACPBA3120135937
7/1/2023
7/1/2024
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
C
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
1000337275231
415/2023
4/5/2024
EACH OCCURRENCE
$ 9,000,000
AGGREGATE
$ 9,000,000
DED
RETENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N IA
X
ACPWC3120135937
7/1/2023
7/1/2024
"
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Placentia is included as additional insured on a primary basis per the terms of the attached General Liabi ity and Auto Liability endorsements. Waiver of Subrogation applies in favor of additional insured per the terms of the attached General Liability, Auto Liability and Workers Compensation endorsements.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
Public Works - Engineering Services
401 East Chapman Avenue
Placentia, CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/\C✓u�L i/utB�uz
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Big Ben, Inc.
POLICY NUMBER: 1000066896231
Effective 04/05/2023 - 04/05/2024
COMMERCIAL GENERAL LIABILITY
CG 20 38 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS FOR OTHER
PARTIES WHEN REQUIRD IN WRITTEN
CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured:
1 Any person or organization for whom you are
performing operations when you and such
person or organization have agreed in writing in
a contract or agreement that such person or
organization be added as an additional insured
on your policy; and
2. Any other person or organization you are
required to add as an additional insured under
the contract or agreement described in
Paragraph 1. above.
Such person(s) or organization(s) 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:
a. our acts or omissions; or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations for
the additional insured.
However, the insurance afforded to such
additional insured described above:
a. Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an
additional insured under this endorsement ends
when your operations for the person or
organization described in Paragraph 1. above are
completed.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
1. Bodily injury", "property damage" or "personal
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damage", or the offense which caused
the "personal and advertising injury", involved the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services.
2. Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
CG 20 38 04 13 © Insurance Services Office, Inc., 2012
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement
described in Paragraph A.1.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012 CG 20 38 04 13
Big Ben, Inc.
POLICY NUMBER: 1000066896231
Effective 04/05/2023 - 04/05/2024
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):
Location And Description Of Completed
Operations
Where Required By Written Contract
Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13
© Insurance Services Office, Inc., 2012
Big Ben, Inc.
POLICY NUMBER: ACPWC3110135937
Effective: 07/01/2023 - 07/01/2024
WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Name: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage Address: 4790 Irvine Blvd. #105-404 Irvine, CA 92620
Description of Waiver: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage JobID:
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 7/01/2023 - 7/01/2024 Policy No. ACP WC 3120135937 Endorsement No.
Insured Big Ben Inc. Premium
Insurance Company Nationwide Mutual Insurance
WC 00 03 13
© 1983 National Council on Compensation Insurance.
ACP WC 3120135937
Nationwide Mutual Insurance
00001 0000000000 19108 0 N
Countersigned by _
07/01/2021
8e5c73f9-8132-4027-93f0-3fc3ffff90a2 0027020044349734038690680273250
Big Ben, Inc.
POLICY NUMBER: ACPBA312135937
Effective 07/01/2023 - 07/01/2024
COMMERCIAL AUTO
AC 70 06 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - PLATINUM
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired of Formed Entities
C. Employees as insureds — Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments — Bail Bonds
F. Supplementary Payments — Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employees
J. Hired Auto Physical Damage
K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments
P. Expanded Transportation Expense
Q. Extra Expense — Stolen Autos
R. Physical Damage Limit of Insurance
S. New Vehicle Replacement Cost
T. Physical Damage Coverage Extensions
U. Business Income and Extra Expense Coverage
V. Transfer of Rights Of Recovery Against Others To Us
W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lockout
Z. Cancellation Condition
AC 70 06 03 16
Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission
COMMERCIAL AUTO
AC 70 06 03 16
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision(s) of any state -
specific endorsement also attached to this poli-
cy, then the provision(s) of the state -specific
endorsement shall apply instead of the provi-
sions of this endorsement that are in conflict,
but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement(s)
contained in the provision(s) of the state -specific
endorsement.
B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization you newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority (more
than 50%) interest; if there is no other similar in-
surance available to that organization. Coverage
under this provision is afforded until the 180th
day after you acquire or form the organization or
the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS - NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't own,
hire or borrow in your business or your per-
sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT,
PERMIT OR AGREEMENT
The following is added to A.1. Who Is An In-
sured of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization that you are re-
quired to name as an additional insured in a
written contract or agreement that is executed
or signed by you prior to a "bodily injury" or
"property damage" occurrence is an "insured"
for Covered Auto Liability coverage. How-
ever, with respect to covered "autos", such
person or organization is an insured only to
the extent that person or organization qualifies
as an "insured" under A.1. Who is an Insured of
SECTION II - COVERED AUTOS LIABILITY
COVERAGE:
If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance avail-
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
primary and the additional insured's coverage to
be non-contributory, then this insurance will be
excess over any other valid and collectible insur-
ance available to the additional insured.
E. SUPPLEMENTARY PAYMENTS - BAIL
BONDS
Supplementary Payments of SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(2) Up to $3,000 for cost of bail bonds (including
bonds for related traffic law violations) re-
quired because of an "accident" we cover.
We do not have to furnish these bonds.
F. SUPPLEMENTARY PAYMENTS - LOSS OF
EARNINGS
Supplementary Payments of SECTION II -
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(4) All reasonable expenses incurred by the "in-
sured" at our request, including actual loss
of earnings up to $1,000 a day because of
time off from work.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. The Care, Custody or Control Exclusion of
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, does not apply to "property dam-
age" to property, other than your property, up to
an amount not exceeding $500 in any one "acci-
dent". Coverage is excess over any other valid
and collectible insurance.
2. The following paragraph is added to A.4.
Coverage Extensions of SECTION III -
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $1,000 for your prop-
erty that is lost or damaged as a result
of a covered "loss", without applying a
deductible. Coverage is excess over
any other valid and collectible insur-
ance.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
AC 70 06 03 16
COMMERCIAL AUTO
AC 70 06 03 16
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II
- COVERED AUTOS LIABILITY COVERAGE,
2. Coverage Extensions, a. Supplementary
Payments:
(7) Prejudgment interest awarded against the
"insured" on that part of the judgment we
pay. If we make an offer to pay the appli-
cable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.
I. FELLOW EMPLOYEE
The Fellow Employee Exclusion of SECTION II -
COVERED AUTOS LIABILITY COVERAGE,
does not apply if the "bodily Injury" results from
the use of a covered "auto" you own or hire.
The insurance provided under this provision is
excess over any other collectible insurance.
J. HIRED AUTO PHYSICAL DAMAGE
If covered "auto" designation symbols 1 or 8 ap-
ply to Liability Coverage and if at least one "au-
to" you own is covered by this policy for Com-
prehensive, Specified Causes of Loss, or Colli-
sion coverages, then the Physical Damage
coverages provided are extended to "autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage apply
up to a limit of $125,000. The deductible will be
equal to the largest deductible applicable to any
owned "auto" for that coverage. Any Compre-
hensive deductible does not apply to fire or
lightning.
K. TEMPORARY SUBSTITUTE AUTOS -
PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I — COVERED
AUTOS:
If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physi-
cal Damage Coverage:
Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
AC 70 06 03 16
L.
M.
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.
EXPANDED TOWING COVERAGE
1. We will pay up to:
a. $150 for a covered "auto" you own of
the private passenger type, or
b. $750 for a covered "auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered "auto" is disabled. Howev-
er, the labor must be performed at the place
of disablement.
2. This coverage applies only for an "auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.
3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto".
AUTO LOAN OR LEASE COVERAGE
1. In the event of a total "loss" to a covered
"auto", we will pay any unpaid amount due
on the loan or lease, including up to a max-
imum of $500 for early termination fees or
penalties, for your covered "auto" less:
a. The amount paid under SECTION III -
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnorma
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
5) Carry-over balances from previous
leases.
2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
COMMERCIAL AUTO
AC 70 06 03 16
3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
"auto" is not the sole collateral.
N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS - LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III - PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:
4. We will use new original equipment vehicle
manufacturer parts for any private passen-
ger type covered "auto" where required by
the lease agreement which has a term of at
least six months. If a new original equip-
ment vehicle manufacturer part is not in pro-
duction or distribution we may use a like,
kind and quality replacement part.
O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provi-
sion of SECTION III - PHYSICAL DAMAGE
COVERAGE:
If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same "accident", the
following applies:
1. If the deductible under this coverage is the
smaller (or smallest) deductible, it will be
waived:
2. If the deductible under this coverage is not
the smaller (or smallest) deductible, it will be
reduced by the amount of the smaller (or
smallest) deductible.
If a Comprehensive or Specified Causes of Loss
Coverage "loss" from one "accident" involves
two or more covered "autos", only the highest
deductible applicable to those coverages will be
applied to the "accident," if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
"autos" for which you do not carry such
coverage.
No deductible applies to glass if the glass is re-
paired, in a manner acceptable to us, rather than
replaced.
P. EXPANDED TRANSPORTATION EXPENSE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is replaced by the
following:
We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense in -
curred by you because of the total theft of a
covered "auto" of the private passenger type.
We will only pay for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for tem-
porary transportation expenses incurred during
the period beginning 24 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use or we
pay for its "loss".
Q. EXTRA EXPENSE - STOLEN AUTOS
The following paragraph is added to Section A.4.
of SECTION III - PHYSICAL DAMAGE
COVERAGE:
c. We will pay for up to $5,000 for the expense
of returning a stolen covered "auto" to you.
We will pay only for those covered "autos"
for which you carry Comprehensive or Spec-
ified Causes of Loss Coverage.
R. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:
C. Limit Of Insurance
1. The most we will pay for "loss" in any one
"accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss", or
b. The cost of repairing or replacing the
damaged or stolen property.
2. $2000 is the most we will pay for "loss" in
any one "accident" to all electronic equip-
ment that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
a. Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the instal-
lation of such equipment.
b. Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.
3. An adjustment for depreciation and physica
condition will be made in determining actua
cash value in the event of a total "loss".
4. The cost of repairing or replacing may:
Includes copyrighted material of Insurance Services Office, Inc AC 70 06 03 16 with its permission.
a. Be based on an estimate which includes
parts furnished by the original equip-
ment manufacturer or other sources in-
cluding non -original equipment manu-
facturers and
b. If a repair or replacement results in bet-
ter than like kind or quality, we will not
pay for the amount of the net improve-
ment.
5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint customi-
zation, and similar business related advertis-
ing modifications, in addition to the actual
cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifications
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.
S. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III - PHYSICAL
DAMAGE COVERAGE:
5. The provisions of paragraphs 1.and 3. do
not apply to a covered "auto" of the private
passenger type or a vehicle with a gross ve-
hicle weight rating of 20,000 pounds or less
which is a "new vehicle."
In the event of a total "loss" to your "new ve-
hicle" to which this coverage applies, we wil
pay at your option:
a. The verifiable "new vehicle" purchase
price you paid for your damaged vehi-
cle, not including any insurance or war-
ranties purchased;
b. If it is available, the purchase price, as
negotiated by us, of a "new vehicle" of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufac-
turer or manufacturers' dealership; or .
c. The market value of your damaged ve-
hicle, not including any furnishings,
parts, or equipment not installed by the
manufacturer or manufacturer's dealer-
ship.
We will not pay for initiation or set up costs
associated with loans or leases
As used in this endorsement, a "new vehi-
cle" means an "auto" of which you are the
original owner that has not been previously
COMMERCIAL AUTO
AC 70 06 03 16
titled and which you purchased less than
365 days before the date of the "loss".
T. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4. Coverage Exten-
sions, b. Loss of Use Expenses is replaced by
the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we wil
pay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use
expenses if caused by:
(1)
Other than collision if the Decla-
rations indicate that Comprehen-
sive Coverage is provided for any
covered "auto";
(2) Specified Causes of Loss only if
the Declarations indicate that
Specified Causes of Loss Cover-
age is provided for any covered
"auto"; or
Collision only if the Declarations
indicate that Collision Coverage
is provided for any covered
"auto."
However, the most we will pay for any
expenses for loss of use is $50 per day, to a
maximum of $1,500. The insurance provided
by this provision is excess over any other
collectible insurance.
U. BUSINESS INCOME AND EXTRA EXPENSE
COVERAGE
1. Business Income Coverage
We will pay the actual loss of business in-
come sustained by you as a result of the
necessary suspension of your business dur-
ing the period of restoration due to "loss" to
a covered "auto" used in your business. The
Toss must be caused by a cause of loss cov-
ered under item A1 of Physical Damage
Coverage in this Coverage Part.
2. Extra Expense Coverage
We will pay the necessary and reasonable
extra expenses that you incur during the pe-
riod of restoration that you would not have
incurred had there been no "loss" to a cov-
ered "auto" used in your business. The Toss
(3)
AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission
COMMERCIAL AUTO
AC 70 06 03 16
must be caused by a cause of loss listed
under item A1 of Physical Damage Cover-
age in this Coverage Part. Extra Expenses
means those expenses you incur to avoid or
minimize the suspension of business and to
continue your business operations.
3. Additional Conditions
We will not pay for "loss" or expenses
caused by suspension, lapse or cancellation
of any license, lease or contract. But if the
suspension, lapse or cancellation is directly
caused by the suspension of your business,
we will cover such "loss" that affects your
business income. We will not pay under this
coverage if you do not repair or replace the
covered "auto". You must resume all or part
of your business as quickly as possible. If
you have other autos you can use to reduce
the amount of loss payable under this cov-
erage, you are required to use them. We wil
pay for expenses you incur to reduce the
amount that otherwise would have been
payable under this coverage. We will not
pay more than the amount by which you ac-
tually reduce the business income loss or
extra expense incurred.
4. Limit
The most we will pay for "loss" arising out of
one covered "auto" is $10,000 per loss with
an annual aggregate of $20,000. Payment
applies in addition to the otherwise applica-
ble amount of each coverage you have on a
covered "auto".
5. Definitions
a. "Business Income" means the:
1.). Net income (Net profit or loss before
income taxes) that would have been
earned or incurred if no loss would
have occurred; and
2.). Continuing normal operating
expenses incurred, including payroll.
b. "Period of Restoration" means the
period of time that:
1.). Begins:
(a) 24 hours after the time of loss
for Business Income Coverage;
or
(b) Immediately after the time of
loss for Extra Expense
Coverage; and
2.) Ends at the earliest of:
Page6of7
(a) The time required to resume
your normal business opera-
tions; or
(b) The time that is reasonably
necessary to repair or replace
the covered auto with a maxi-
mum time period of 180 days.
Period of Restoration does not
include any increased period
required due to the enforcement
of any ordinance or law that re-
quires any insured or others to
test for, monitor, clean up, re-
move, contain, treat, detoxify or
neutralize or in any way respond
to or assess the effects of pollu-
tants. The expiration date of this
policy will not cut short the peri-
od of restoration.
V. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:
We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written con-
tract executed prior to any "accident" be-
cause of payments we make for damages
under this coverage form.
W. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
SECTION IV - BUSINESS AUTO
CONDITIONS, Paragraph A is amended as
follows:
6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condi-
tion relative to notification require-
ments applies only when the "accident"
or "loss" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or "suit" will not be
Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16 with its permission
considered breached unless the breach
occurs after such claim or "suit" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
X. HIRED CAR — COVERAGE TERRITORY
Item (5) of the Policy Period, Coverage Territory
General Condition is replaced by the following:
(5) Anywhere in the world if a covered "auto"
is leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered "auto" subject to
these provisions:
1. Your door key, electronic key or key entry
pad has been lost, stolen or locked in your
COMMERCIAL AUTO
AC 70 06 03 16
covered "auto" and you are unable to enter
such "auto" , or
2. Your keyless entry device battery dies and
you are unable to enter such "auto" as a
result,
3. Your key, electronic key or key entry pad
has been lost or stolen and you have
changed the lock to prevent an unauthorized
entry; and
4. Original copies of receipts for services of a
locksmith must be provided before
reimbursement is payable.
Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION — CANCELLATION applies except
as follows:
If we cancel for any reason other than nonpay-
ment of premium, we will mail or deliver to the
First Named Insured written notice of cancella-
tion at least 60 days before the effective date of
cancellation. This provision does not apply in
those states that require more than 60 days prior
notice of cancellation.
AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc. with its permission
Big Ben, Inc.
POLICY NUMBER: 1000066896231
Effective 04/05/2023 - 04/05/2024
COMMERCIAL GENERAL LIABILITY
CG 20 12 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
AS REQUIRED BY WRITTEN CONTRACT SIGNED BY BOTH PARTIES
PRIOR TO LOSS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 12 04 13
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012 Page 1 of 1
Starr Surplus Lines Insurance Company
Chicago, IL 1-646-227-6300
Primary and Non-contributory, Additional Insured and
Waiver of Subrogation
Policy Number: 1000066896231 Effective Date: April 5, 2023 at 12:01 A.M.
Named Insured: Big Ben, Inc.
This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully.
Commercial General Liability Coverage Form
Owners and Contractors Protective Liability Coverage Form Products/Completed Operations Liability Coverage Form
Contractors Pollution Liability Coverage Form
Professional Liability Coverage Form
Site Pollution Liability Coverage Form
SCHEDULE
Where Required By Written Contract
A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you.
B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.
2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured.
3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance.
Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy.
All other terms and conditions of this Policy remain unchanged.
Signed for STARR SURPLUS LINES INSURANCE COMPANY
Steve Blakey, President Nehemiah E. Ginsburg, General`Counsel SL 023 (06/11) Page 1 of 1
Copyright ® C. V. Starr & Company and Starr Surplus Lines Insurance Company. All rights reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
BIG BEN ENGINEERING
PROPOSAL: PL -2024-02
To: Mr. Joel Cardenas
Job Name: Sewer Main and Manhole Repair
Location: Center St. & Camarillo St.
Owner: City of Placentia
We submit the following:
❑ ESTIMATE
In response to: ❑ Quotation request
TITLE:
nVerbal request
SCHEDULE OF COSTS
n Order to proceed
Date: 03/01/24
Sewer Repairs
We propose to provide all material, labor, equipment, and services to complete the following project in a substantial and workmanlike manner according to standard practices.
ITEM NO.
LOCATION
Quantity
UNIT
UNIT
PRICE
TOTAL
AMOUNT
1 CENTER STREET REPAIR
1 LS
$ 45,000.00
$ 45,000.00
Remove and replace up to 8 -Feet section of existing 8- Inch vcp sewer main. Location of repair right outside
of manhole. Depth of sewer main to be approximately
12 -Feet Deep. Remove and replace concrete driveway
as needed.
2 CAMARILLO St. MANHOLE REPAIR
1 LS
$ 90,000 00
$ 90,000.00
Remove and replace up to 8 -Feet section of existing 18- Inch vcp sewer main. Location of repair right outside
of manhole. Depth of sewer main to be approximately
11 -Feet Deep. Remove and replace manhole bottom
base. Remove and replace curb and gutter as needed.
KEY NOTES:
1) Backfill above pipe zone to be with native backfill only. 2) All permit fees by Owner.
PROVISIONS
Notes:
1. This estimate will remain in effect for 30 days only.
2. Work to be done during normal business hours of 7:00 AM - 5:00 PM
3. Surveying, testing, and permitting to be provided by City if needed.
Exclusions: 1. Permits, licenses and permission from all authorities and private landowners prior to commencement of any work.
2. Any costs related to testing, permit or inspection fees.
3. This proposal is based on One (1) Move - In. Any additional will be $3,000 each.
4. Any engineering, testing or inspection.
5. Bonding
6. Repair to any existing unknown or unmarked conduits.
7. Striping
8. Ground Water Removal
9. Surveying
4790 Irvine Blvd. #105-404 Irvine, CA 92620 Te1.(949) 660 — 9400 Fax (949) 333-3672
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE MARCH 19, 2024
SUBJECT: STREETSCAPE DESIGN OPTIONS FOR THE 100 BLOCK OF SANTA FE AVENUE
FISCAL
IMPACT: There is no specific fiscal impact associated with the recommended actions.
SUMMARY:
On May 17, 2022, the Placentia City Council held a study session to discuss the potential for a permanent closure of the 100 block of Santa Fe Avenue and its conversion into a public plaza space. The City Council's direction to Staff was to reopen the street to one-way traffic while still allowing space for outdoor dining uses. Pursuant to Council direction, the City reopened the street in August 2022.
At the September 6, 2022 City Council meeting, public comments related to the street reopening were received by Council and Staff was directed to agendize a discussion item regarding the street closure for the September 20, 2022 City Council meeting. At this meeting the City Council directed Staff to remove the k -rail barriers from the street, reintroduce on -street parking and pursue the construction of new outdoor dining platforms, which was subsequently completed.
The Old Town Streetscape Improvement Project is being funded by the City/County Enhanced Infrastructure Financing District and is currently in the final engineering phase. Based upon the current project cost estimate it appears that the cost to permanently close the 100 block of Santa Fe and construct a permanent plaza space will exceed available project funding. Staff has applied for several grants and federal earmarks to cover the cost of a permanent plaza space however has been unsuccessful in securing additional funding. In addition, the City has received positive feedback during the last year with the current configuration. This temporary design option has functioned well within the Old Town and allowed patrons to experience outdoor dining while also allowing one-way traffic to progress along Santa Fe Avenue.
Accordingly, Staff is now recommending that the City pursue the original design intent of the 100 block of Santa Fe as illustrated in the City Council -adopted Old Town Streetscape Master Plan.
The adopted plan includes amenities that will allow the City to temporarily close the street to traffic for special events and the City could still pursue a permanent closure and public plaza space in the future should funding become available and the desire to pursue that option exists.
3.a.
March 19, 2024
City Council Agenda
March 19, 2024
RECOMMENDATION:
It is recommended that the City Council receive and file this report and proceed with designing and constructing the streetscape improvements for the 100 block of Santa Fe Avenue as designed in the adopted streetscape master plan.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
DISCUSSION:
On July 21, 2020, the City Council approved a temporary closure of the 100 block of Santa Fe Avenue in response to the COVID-19 pandemic and the subsequent closure of indoor dining throughout the State. The street closure was well received by the community and Old Town Merchants with the merchants reporting record sales because of the street closure. In June 2021, the City Council unanimously approved an extension of the street closure through June 30, 2022.
On May 17, 2022, the City Council conducted a study session to consider the potential for a permanent street closure on Santa Fe Avenue and the creation of a new public plaza space. The City Council's direction to Staff was to reopen the street to one-way traffic allowing space on either side of the travel lane to accommodate outdoor dining. That effort was completed in mid -August 2022.
At the September 20, 2022 City Council meeting, the Council directed staff to remove the k -rails from the street, reintroduce on -street parking and to construct outdoor dining platforms for the merchants to use that was subsequently completed. The Old Town Streetscape Improvement Project is being funded by the City/County Enhanced Infrastructure Financing District and is currently in the final engineering phase. Based upon the current project cost estimate it appears that the cost to permanently close the 100 block of Santa Fe and construct a permanent plaza space will exceed available project funding. Staff have applied for several grants and Federal Earmarks to cover the cost of a permanent plaza space however has been unsuccessful in securing additional funding.
Accordingly, Staff is now recommending that the City pursue the original design intent of the 100 block of Santa Fe as illustrated in the City Council -adopted Old Town Streetscape Master Plan.
The adopted plan includes amenities that will allow the City to temporarily close the street to traffic for special events and the City could still pursue a permanent closure and public plaza space in the future should funding become available and the desire to pursue that option exists.
FISCAL IMPACT:
There is no direct fiscal impact associated with the recommended actions.
City Council Agenda
March 19, 2024
Prepared by: Approved by:
(,tus f s
Luis Estevez
Deputy City Administrator
Approved by:
Damien Arrula
City Administrator
Attachment:
Presentation
Jeannette Ortega
Deputy Director of Administrative Services
e,P eAC1 N61A Y
Streetscape Design Options for the 100
Block of Santa Fe Avenue
City Council Study Session
March 19, 2024
Background
• July 1, 2020 - As a result of COVID-19,
Orange County restaurants were
required to close indoor dining
• July 21, 2020 — City Council approved a
temporary closure of Santa Fe Avenue
between Bradford Avenue and Main
Street to allow for outdoor dining and
installation of public amenities within
the closure
• Street closure designed to assist local
restaurants and businesses located
along Santa Fe Avenue during the
COVID-19 pandemic related closures
• June 1, 2021 — City Council approves
an extension of the street closure
through June 30, 2022. City Council
also directed staff to examine traffic
impacts and obtain resident and
business feedback
%AmmixKIK*T"
Background,
cont.
• Parking and traffic circulation data
collected and analyzed in August
2021 to study the street closure's
impact on surrounding streets and
parking areas
• Parking and traffic impacts shared
with Old Town community in March
2022
• Council study session held on May 2,
2023, to discuss the existing
configuration and the opportunity to
reestablish on -street parking
• Street reopened with one-way traffic
configuration in August 2023 with on -
street parking and dining platforms
Plaza Space
Design
Options and
Adopted
Streetscape
Plan
6 Option 1
SYNTHETIC TURF
•
GATEWAY FEATURE
Option 2
STAGE SPACE
Adopted Streetscape Master Plan for
100 Block of Santa Fe
Recommendation
• Options 1 and 2 are estimated to cost $1.5
million
• Based upon current cost estimates for the Old
Town Streetscape Improvement Project (funded
by City/County Enhanced Infrastructure
Financing District) Staff recommends proceeding
with the original master planned improvements
• The project will include removable traffic bollards
which will allow the City to easily close this street
and/or others in the future for special events