Placentia City Council
November 5, 2024

Agenda Item No: 1.i

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Chris Tanio
From: Public Works
Subject:

Approve Purchase Order for Bowman Company for SiFi Inspections Financial Impact:

Fiscal Impact:

Expense: $ 53,000 Agreement with Bowman Company for SiFi Inspections $ 33,000 Contract Amendment Close -Out for Totum Corporation Budgeted: $101,558 FY 2024-25 Operating Budget (103551-6099) Summary:

On September 24, 2019, the City Council approved a Development Agreement with SiFi Networks ("SiFi") to build a citywide fiber optic network that will bring direct fiber internet connections to every home and business in the City. As part of that agreement, SiFi helped fund the cost of a Specific Point of Contact who works on behalf of the City assisting in managing the project and providing daily construction inspections on the project. On May 18, 2021, the City entered into a Professional Services Agreement with Totum Corporation (Totum) for $600,000 for a term of three (3) years to provide construction inspection services for this project. On October 1, 2024, Council denied the recommended action to amend Totum's Agreement to continue SiFi inspections and requested Staff look into another firm to provide for these inspections.

Staff received a quote from Bowman Company (Bowman) from the City's list of On -Call Construction Management and Inspection firms that Council had previously approved on May 7, 2024. City Staff is requesting approval of a purchase order with Bowman in the amount of $53,000. Additionally, Staff is requesting approval to amend Totum's contract to close-out the remainder of the Totum SiFi inspection work that was performed through the end of September. No additional inspection work has been performed by Totum since the October 1, 2024 Council meeting.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve a purchase order with Bowman Company to provide construction inspection services for the Citywide Fiber Optic Deployment Project for a not -to -exceed amount of $53,000; and Authorize the City Administrator to approve amendments up to 20% of the purchase order amount; and
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2. Approve Amendment No. 5 to the Professional Services Agreement with Totum Corporation to close-out the remainder of their work performed through September 2024 for the construction inspection services for the Citywide Fiber Optic Deployment Project to $633,000.

Strategic Plan Statement:

This item conforms to Strategic Plan Objective 1.7, Identify ways to monetize the new CitywidE fiber optic system and Objective 3.2, Include promotion of Citywide fiber in City economic development recruitment and retention strateaies.

Discussion:

On September 24, 2019, the City Council approved a Development Agreement with SiFi for the deployment of a citywide fiber optic network that will service all City facilities, residences, businesses, and institutions within Placentia. The project will bring gigabit level internet and data transfer speeds to every doorstep in Placentia. SiFi will then lease the fiber lines to Internet Service Providers (ISPs) to whom customers may subscribe. SiFi will own the backbone infrastructure but is not an ISP. Maintenance and repair of the physical fiber network is entirely the responsibility of SiFi. Residents and businesses have the option to continue with their existing ISPs or seek subscriptions with providers who have leased fiber from SiFi and receive a fiber service drop directly into their homes or businesses. In addition, this Agreement does not prevent any other service providers from installing their own citywide fiber optic networks or expanding their existing fiber infrastructure and providing a similar service. From an economic development perspective, the concept of a privately funded and managed citywide fiber network is a significant opportunity for strengthening Placentia's competitive advantage for retaining and attracting businesses, jobs, and private investment into our community.

As part of SiFi's Agreement with the City, they have agreed to help fund the cost of a Specific Point of Contact ("SPOC") that will work on behalf of the City solely on this project, 40 hours per week. The City's SPOC is an experienced construction inspector in municipal Public Works construction and will be responsible for managing all work zone permits as well as providing daily field construction observation to ensure SiFi's contractor builds the network per the plans and specifications approved by the City. The inspector will also ensure that SiFi's contractor complies with all work zone permit conditions of approval. To date, all of the microtrenching work has been completed and over 20,000 addresses are available for service, with many homes and businesses already underway.

On October 1, 2024, Council denied the recommended action to amend Totum's Agreement to continue SiFi inspections and requested Staff look into another firm to provide for these inspections. Staff received a quote from Bowman Company (Bowman) from the City's list of On -Call Construction Management and Inspection firms that Council approved on May 7, 2024. City staff is requesting approval of a purchase order with Bowman in the amount of $53,000. Additionally, Staff is requesting approval to amend Totum's contract to close-out the remainder of the Totum SiFi inspection work that was performed through the end of September. No additional inspection work has been performed by Totum since the October 1, 2024 Council meeting.
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Fiscal Impact Summary:

The total cost of the recommended actions amounts to a total of $86,000. This includes the agreement with Bowman Company for inspections costs in the amount of $53,000 and the contract amendment with Totum in the amount of $33,000 to close out the remainder of Totum's SiFi inspection work. There are sufficient funds available in the approved Fiscal Year 2024-25 Operating Budget for the recommended actions.

Attachments
Attachment 1_Bowman Company Proposal.pdf
Attachment 2_Close Out PSA Amendment No 5 - Totum - Draft.pdf 209

INFRASTRUCTURE
410 ENGINES
a Bowman company
October 28, 2024
Chris Tanio, PE
Director of Public Works
City of Placentia,
401 E. Chapman Avenue
Placentia, CA 92870
Re: Inspection Services for the Sifi Network project in the City of Placentia Dear Mr. Tanio:

We are pleased to submit this Proposal for inspection services on the Sifi Network's project in the City of Placentia.

Sifi Network is currently finalizing the installation of fiber network throughout the entire City and the City needs inspection services, to ensure that all work has been completed in accordance with the City's standards, and requirements. The scope of the services in this proposal includes inspection for the City of Placentia on the ongoing work by Sifi Network, and all the related activities for a duration of about 3-4 months. This proposal also includes inspection for all the remaining punch -list work being performed by Sifi's contractors, and the closing out all the remaining encroachment permits.

The anticipated Not -to -exceed fee for the inspection services is a $53,000, as detailed in the following table:

Task Number of Hours Hourly Rate Total
Inspection Services 460 $115 $53,000
Total $53,000
Please see attached for the resume of the proposed staff. If you have any questions regarding this proposal, please contact Masoud on his cell 949-375-6599.

Sincerely,
/0/a ?/A4+,
Masoud Sepahi, PE( director of City Eng. & CM Services Date:

APPROVED TO PROCEED:

Chris Tanio, PE - Director of Public Works Date:
3060 Saturn Street, Suite 250, Brea, California 92821
P: 714.940.0100
infrastructure-engineers.com 1 bowman.com
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF CONSTRUCTION MANAGEMENT SERVICES WITH TOTUM

CORPORATION
This Amendment No. 5 ("Amendment") to Professional Services Agreement is made and entered into effective the 5t' day of November 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Totum Corporation a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18th, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the cumulative not -to - exceed amount by $ 33,000 for additional construction management and inspection services in support of the SiFi Project pursuant to the work scope and fee proposal attached hereto an incorporated by reference as Attachment 1.
(iii). All legal prerequisites to the making of this Amendment have occurred.

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

B. Amendment to Agreement.

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

2.1 Comnensation. Consultant shall be paid hourly in accordance with the fee schedule set forth in Exhibit "C" (Fee Schedule"). Consultant's total compensation shall not exceed One Million Two Hundred Ninety Five Thousand Nine Hundres Sixty Five Dollars ( $ 1,255,965,000)

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

3. The Agreement, all amendments together with this Amendment No. 5 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 5 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

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4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 5 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 5 to the Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By:

Danny Kaye, Totum Corporation
By:

Damien R. Arrula
City Administrator
ATTEST:

By:

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

By:

Christian L. Bettenhausen, City Attorney
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CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
PACIFIC WEST INDUSTRIES, INC.

THIS AGREEMENT is made and entered into this 5th day of November, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Pacific West Industries, Inc., a California HVAC corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide heating, ventilation and cooling maintenance services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
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(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Two Hundred Forty Thousand Dollars ($ 240,000), unless authorized herein.

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

Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.

2.3. Method of Billing. Contractor shall submit invoices electronically within sixty (60) days of completed work to PW(c�placentia.orq. Invoices received in excess of sixty (60) days after completion of work are subject to rejection. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule 3 Pacific West Industries
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approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 60 months, ending on November 5th, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
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f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

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

5.0. INSURANCE

5.1. Insurance. The Consultant 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 "B" attached hereto and incorporated herein by this reference.

Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.3. Certificates of Insurance. Consultant 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 hereto as Exhibit "C" and incorporated herein by this reference.

5.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be 5 Pacific West Industries
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held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

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

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

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

6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

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

IF TO CONSULTANT: IF TO CITY:

Pacific West Industries, Inc.
1912 W. Business Center Drive
Orange, CA, 92867
Tel: (866) 328-2129
Fax: (714) 630-4049
Attn: Robyn Marquardt
6 City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: (714) 993-8212
Fax: (714) 666-0267
Attn: Samantha Byfield
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6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

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

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, 7 Pacific West Industries
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Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

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

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

6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
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6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 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 Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant'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.

Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant 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 Consultant pursuant to this Agreement.

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

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and 9 Pacific West Industries
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conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

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

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

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

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

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

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

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

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

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this 10 Pacific West Industries
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Agreement.

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

CITY OF PLACENTIA,
A municipal corporation
Rosanna Ramirez, Acting City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:

P
Date:

Date:
10/29/2024
Signature
Devin Johnson Project Manager, Pacific West Industries
Name and Title
20-3153678
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

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

Krystle Murillo, Risk Manager
11 Date:

Date:

Pacific West Industries
Rev. 01/2024
223

APPROVED AS TO CONTENT:
sovA, a. 15(160.

Samantha Byfield, Public Works Manager
DEPARTMENTAL APPROVAL:

U risfbpu,c,V' fial u,
Christopher Tanio, Director of Public Works
12 Date:

Date:
10/29/2024
10/29/2024
Pacific West Industries
Rev. 01/2024
224

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
13 Pacific West Industries
Rev. 01/2024
225

SECTION D

GENERAL PROVISIONS

SCOPE OF WORK
The City is soliciting bids to provide quarterly and annual preventative maintenance work for the City's heating, ventilation and cooling maintenance systems at City facilities.

Contractor shall provide a heating and air conditioning checklist for each facility after each visit specifying the preventative maintenance performed along with notification of any defective or worn parts needing replacement. The checklist must include all specified preventative maintenance work noted herein for each location. Repair work requires approval for the City prior to beginning work.

Preventative maintenance work includes but is not limited to:

Package Heat Pump
Quarterly Preventative Maintenance
• Replace air filter(s)
• Add biocide to condensate pan
• Inspect blower
• Inspect fan belt alignment and tension
• Inspect fan motor(s) operation
• Inspect condensate pan and P -trap
• Inspect electrical contacts
• Inspect condensate piping for proper pitch
• Inspect exterior of unit and panel fasteners
• Inspect for refrigerant leaks
• Inspect evaporator coil condition (clean / dirty)
• Inspect condenser coil condition (clean / dirty)
• Inspect unit and pipe insulation
• Inspect electrical connections, tighten as necessary
Annual Preventative Maintenance
• Replace drive belt(s)
• Lubricate motor bearings
• Clean condenser coil
• Inspect operation of reversing valve
• Inspect operation of economizer
• Inspect unit and pipe insulation
• Check compressor 1 amperage
Page D-1
226

• Check compressor 1 amperage
Package Gas Electric
Quarterly Preventative Maintenance
• Replace air filter(s)
• Replace/add biocide to condensate pan
• Inspect blower
• Inspect fan belt
• Inspect fan motor(s) operation
• Inspect condensate piping for proper pitch
• Inspect electrical connections, tighten as necessary
• Inspect all electrical contacts
• Inspect unit for excessive vibration and noise
• Inspect exterior of unit and panel fasteners
• Inspect visually for refrigerant leaks
• Inspect evaporator coil condition (clean / dirty)
• Inspect condenser coil condition (clean / dirty)
• Inspect operation of compressor
• Inspect for gas leaks
Annual Preventative Maintenance
• Replace drive belt(s), if included
• Lubricate motor bearings
• Clean condenser coil, if included
• Clean vestibule
• Inspect operation of economizer
• Inspect operation of gas valve
• Inspect operation of ignition system
• Inspect flame condition adjust as required
• Inspect for cracked, warped or dirty heat exchanger
• Inspect operation of safety control limits
• Inspect unit and pipe insulation
• Inspection flue for proper venting
• Check system voltage
• Check indoor fan amperage
• Check outdoor fan amperage
• Check compressor 1 amperage
• Check compressor 2 amperage
Page D-2
227

Condensing Unit
Quarterly Preventative Maintenance
• Clean surface area
• Inspect exterior of unit and panel fasteners
• Inspect visually for refrigerant leaks
• Inspect electrical connections, tighten as necessary
• Inspect fan belt
• Inspect electrical contacts
• Inspect compressor operation
Annual Preventative Maintenance
• Clean condenser coil
• Lubricate fan motor
• Inspect compressor operation
• Check oil level
• Check compressor amperage
• Lubricate fan motor
• Replace drive belt(s)
• Check superheat
• Check discharge temperature
• Check suck temperature
• Check compressor voltage
Fan Coil Unit
Quarterly Preventative Maintenance
• Replace air filter(s)
• Replace/add biocide to condensate pan
• Inspect blower
• Inspect fan belt
• Inspect fan motor(s) operation
• Inspect condensate pan and P -trap
• Inspect all electrical contacts
• Inspect electrical connections, tighten as necessary
• Inspect unit for excessive vibration and noise
• Inspect unit and pipe insulation
• Inspect condensate piping for proper pitch
• Inspect exterior of unit and panel fasteners
• Visually inspect for water leaks
Page D-3
228

• Inspect evaporator coil condition (clean / dirty)
Annual Preventative Maintenance
• Replace drive belt(s), if included
• Lubricate motor and shaft bearings
• Inspect operation of chilled and heating valve(s)
• Inspect unit and pipe insulation
• Check indoor fan amperage
• Check outdoor fan amperage
Exhaust Fan
Quarterly Preventative Maintenance
• Replace optical spectrum analyzer (OSA) filter(s), if included • Inspect blower
• Inspect fan belt
• Inspect electrical contacts
• Inspect fan motor(s) operation
• Inspect electrical connections, tighten as necessary
• Inspect unit for excessive vibration and noise
• Inspect exterior of unit and panel fasteners
• Replace main filters using 30% efficient pleated filters • Inspect drain lines and clear any blockages
Annual Preventative Maintenance
• Replace final air filter(s), if included
• Replace drive belts), if included
• Lubricate motor and shaft bearings
• Clean dampers
• Check indoor fan amperage
• Check indoor fan voltage
• Pre -winter startup of HVAC system (furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter serving in September • Pre -summer startup of HVAC system (AC and heat pumps) shall be done to coincide with the quarterly tune-up and belt/filter servicing in March Variable Speed Drives
Quarterly Preventative Maintenance
• Inspect and test — document problems/corrections
Page D-4
229

• Tighten electrical connections
• Inspect components
• Verify input signal
• Clean drive interior
• Calibrate
• Complete any required maintenance checklists
• Clean area around equipment
Air Handling Unit
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Replace air filters
• Check for proper fan rotation
• Check starter/contractor
• Check electrical contacts
• Check and tighten electrical connections
• Check evaporator temperature differential
• Check coil condition
• Check condensate pan and drain
• Lubricate dampers
• Check damper operation — all locations
• Check fan and motor bearings
• Lubricate as needed
• Check expansion valves
• Check control set points
• Check flame quality
• Check orifices and nozzles
• Inspect pilot and safeties
• Check drive condition
• Clean condenser coils
• Clean area around equipment
Boilers
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Visually inspect combustion chamber, draft diverter and flue for accumulation of soot
Page D-5
230

• Check relief vale operation
• Blow down low water cut-off
• Check all safeties
• Check heat exchanger surfaces
• Check for leakage
• Check flame quality
• Check orifice and nozzle
• Check ignition operation
• Assure fuel shutoff
• Check gas pressure regulator
• Check expansion tank sight glass
• Check boiler temperature and pressure
• Check contactor points
• Check electrical connections
• Check nitrate level and log
Water Heaters
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Drain several gallons from tank to remove sediment
• Inspect water condition for discoloration, odor, direct, etc. • Measure pH with hydron paper
• Inspect site glass for operation condition and cleanliness • Verify operation/setting of aqua stat and record settings • Torque heating terminals — inspect isolators
Pumps
Quarterly Preventative Maintenance
• Inspect and test - document any problems/corrections
• Check coupling
• Check seals and gaskets
• Check starter/contactor
• Check electrical contacts
• Check and tighten electrical connections
• Check motor amperage
• Check inlet and outlet pressures
• Blow out motor windings with CO2
Page D-6
231

• Lubricate as required
Motors
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Check motor air intake
• Check for bearing wear
• Visually check alignment
• Check drive condition
• Lubricate as required
• Check belt(s)
• Log motor operating amps
• Check drive coupling
• Replace belt once per year
Air Compressor
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Drain tank and filter bowl
• Check crankcase oil
• Check safety relief valve
• Oil motor
• Check drive
• Check and clean air filters
• Check air drier condenser coil
Cooling Tower
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Check temperature controller
• Check starter coil
• Check electrical contacts
• Check and tighten electrical connections
• Check fan condition and rotation
• Check motor operating amperage
• Meg motor windings
• Check fan shaft end play
Page D-7
232

• Check bearing temperature and wear
• Check drive system and lubricate
• Check and clean eliminators
• Check sump and basin
• Clean water distribution system, spray nozzles
• Check float valve operation, adjust if necessary
• Perform water treatment analysis
o Add required treatment
o Test controller operation
o Bleed solenoid
• Inspect for corrosion and/or leaks
o Touch up or seal as required
• Check fill/media
• Complete tower cleaning once per year
Screw Chiller
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Test chiller charge and report
• Tighten connect flare nuts valve package
• Check control panel and tighten connections
• Check contactors and starter contacts
• Read and clean system gauges
• Check low pressure oil safety
• Check controls on chiller
• Check high motor temperature safety
• Check chilled water ((CHW) and circulating water (CW) pump • Check control set points
o Verify settings
• Check operation of oil heater
• Check and clean starter panel
• Check contactors for free and smooth operation
• Check and lubricate mechanical linkages
• Check operation — electrical interlocks
• Measure operating current/voltages
• Check oil level
• Check for full water systems
• Check cooling tower and strainers for cleanliness
Page D-8
233

• Check flow providing devices — CHW and CW
• Check and record flow rate — condenser and evaporator • Check control sequence and start chiller
• Check and record starter operating amps/volts
• Check and record operation of all timing devices
• Check control set point and sensitivity — CHW
• Check high condenser pressure safety
• Check and calibrate low refrigerant safety
• Check loaded and unloaded solenoid valves
• Check operation of capacity control slide valve
• Check operation of electronic expansion valve
• Check the refrigerant charge
• Log chiller operating temperatures, pressures, amps/volts • Check operation of motor and starter
• Perform oil analysis
Repair Work
Repairs require a written cost proposal from the contractor and approval from the City prior to commencing work. Labor costs for repairs during the term of the contract shall be at the hourly rate quoted in the bid proposal for work completed during regular business hours and after-hours emergency response. Costs for repairs shall be billed on a time and materials basis, with the markup percentage indicated in the bid proposal which shall not exceed a maximum of 15 percent. Evidence of material purchased must be provided with all invoices. The time computed to determine the total hours spent on repairs shall begin upon arrival to the job site and will not include drive time nor vehicle charges. All repairs shall be invoiced separately upon approval of the Public Works Supervisor.

Progress of Work
Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the Public Works Superintendent or authorized representative.

Alterations
The City reserves the right to increase or decrease the quantity of any item or portion of the work to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Superintendent or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written notification by the Public Works Page D-9
234

Superintendent or authorized representative, Contractor shall proceed with the work as increased, decreased, or altered.

Acceptance of Work Done
The Public Works Superintendent or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications.

Meetings
Contractor shall provide Public Work Superintendent or authorized representative with a contact person and phone number to reach Contractor personnel 24 hours a day.

Contractor shall designate and identify to Public Works Superintendent or authorized representative a site supervisor assigned to City facilities.

Invoicing
Invoices shall detail the date, the location and City staff contact name. Contractor shall submit invoices electronically within 60 days of completed work to PW(placentia.orq.

Invoices received in excess of 60 days after completion of work are subject to rejection.

All repair work shall be invoiced separately and shall include receipts for materials, including cost information so material markup percentage can be verified. Repair invoices received without receipts and cost information will be rejected.

Page D-10
235

HEATING, VENTILATION AND COOLING MAINTENANCE SERVICES
Aguirre Building
Backs Community Center
City Corporate Yard
City Hall/Police Station
Fire Station 1
Fire Station 2
Gomez Community Center
Koch Community Center
Kraemer Pump Station
Old City Hall/Fire
Headquarters
Police Evidence Building
Powell Building
Public Safety Building
Teen Center
Whitten Community Center

BID SCHEDULE
Quarterly PM 4 $ 135
Annual PM 1 $ 242.67
Quarterly PM 4 $ 185
Annual PM 1 I $ 370
Quarterly PM 4 1 $ 137
Annual PM 1 1 $ 430
Quarterly PM 4 $ 1,300
Annual PM 1 $ 3,500
Quarterly PM 4 $ 180
Annual PM 1 1 $ 460
Quarterly PM 4 1 $ 185
Annual PM 1 1 $ 450
Quarterly PM 4 1 $ 600
Annual PM 1 $ 900
Quarterly PM 4 $130
Annual PM 1 $ 270
Quarterly PM 4 I $ 80
Annual PM 1 1 $ 260
Quarterly PM 4 1 $ 250
Annual PM 1 $ 700
Quarterly PM 4 $ 1,400
Annual PM 1 $ 2,800
Quarterly PM 4 $ 320
Annual PM 1 $ 380
Quarterly PM 4 $ 445
Annual PM 1 $ 700
Quarterly PM 4 $ 100
Annual PM 1 $ 300
Quarterly PM 4 $ 600
Annual PM 1 $ 700
Total Annual Cost
Business Hours $149
Emergency After -Hours $ 185
C-7
$ 540
$ 242.67
$ 740
$ 370
$ 548
$ 430
$ 5,200
$ 3,500
$ 720
$ 460
$ 740
$ 450
$ 2,400
$ 900
$ 520
$ 270
$ 320
$ 260
$ 1,000
$ 700
$ 5.600
$ 2,800
$ 1,280
$ 380
$ 1,780
$ 700
$ 400
$ 300
$ 2,400
$ 700
$ 36,650.67
15 %
236

TOTAL BID PRICE WRITTEN IN FIGURES: $ 36,650.67
TOTAL BID PRICE WRITTEN IN WORDS: Thirty -Six Thousand, Six -Hundred Fifty Dollars and Sixty -Seven Cents
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form or bid submission, and has thoroughly checked the figures set forth in the proposal and entered into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out throughout these contract documents. ***BI
44,
;1.4
tW
ITEMS TO BE ENTERED (NINE VIA PLANETBIDS***
C-8
237

EXHIBIT B

INSURANCE REQUIREMENTS
14 Pacific West Industries
Rev. 01/2024
238

EXHIBIT B

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
239

By signing this Agreement, the Consultant acknowledges and agrees to the following:

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

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.

4. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.

B. Documentation and Other Provisions

1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms:

CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.

3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy. 240

4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.

5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

6. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.

8. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 241

EXHIBIT C

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Pacific West Industries
Rev. 01/2024
242

AccoR o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY) 10/2/2024
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
Newfront Insurance Services (Construction)
777 Mariner Island Blvd, Suite 250
San Mateo, CA 94404
www.Newfront.com

INSURED
Pacific West Industries, Inc.

Pacific West Air Conditioning
1912 W. Business Center Dr.

Orange CA 92867

ICONTACT
NAME:

IPHONE
(A/C. No. Extl:

IE-MAIL
ADDRESS:

INSURER A :

INSURER B :

I INSURER C :

I INSURER D :

I INSURER E :

I INSURER F :

Construction Team
415-754-3635
FAX
(A/C, No):

ConstructioncertrequestNewfront.com

INSURER(S) AFFORDING COVERAGE
Ascot Specialty Insurance Company
Vantapro Specialty Insurance Company
Service American Indemnity Company
NAIC #
45055
44768
39152
COVERAGES CERTIFICATE NUMBER: 82250039 REVISION NUMBER:

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

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

INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS

LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A � COMMERCIAL GENERAL LIABILITY ✓ ✓ ESGL2310002808-01 11/17/2023 11/17/2024 EACH OCCURRENCE

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

POLICY ✓ PRO-

JECT LOC
OTHER:

B AUTOMOBILE LIABILITY
A
C
✓ ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB
✓ EXCESS LIAR
■
■

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OCCUR

CLAIMS -MADE
DED RETENT ON $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
✓ ✓ 5087-1136-01
N/A
ESXS2310002809-01
5/31/2024 5/31/2025
11/17/2023 11/17/2024
j SAMTWC1022800 11/17/2023 11/17/2024

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

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
✓ STATUTE ERH
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Heating, Ventilation and Cooling Maintenance Services PW -24-04.

The City of Placentia, its officers, officials, agents, employees, and volunteers are named additional insured with respects to general & auto liability on a primary and non-contributory basis, as required by written contract. Excess liability is following form. Waiver of subrogation applies to general & auto liability and workers compensation, as required by written contract. 30 days notice of cancellation - 10 days for non-payment of premium. Endorsements attached.

CERTIFICATE HOLDER CANCELLATION
The City of Placentia
Public Works
401 E Chapman Avenue
Placentia CA 92870
$1,000,000
$ 100,000
$ Excluded
$1,000,000
$ 2,000,000
$ 2,000,000
$1,000,000
$ 2,000,000
$ 2,000,000
$1,000,000
$1.000.000
$1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
Rod Sockolov
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 82250039 124-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 1 of 11 This certificate cancels and supersedes ALL previously issued certificates. 243

POLICY NUMBER: ESGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract signed by both parties
prior to loss
Location(s) Of Covered Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured isrequired 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.

C. 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
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

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 10 04 13 © Insurance Services Office, Inc., 2012
82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 2 of 11 This certificate cancels and supersedes ALL previously issued certificates.

POLICY NUMBER: ESGL2310002808-01

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)
As required by written contract signed by both parties
prior to loss
Location And Description Of Completed Operations
All locations
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
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 3 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: EsGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 4 of 11 This certificate cancels and supersedes ALL previously issued certificates.

POLICY NUMBER: ESGL2310002808-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization: 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.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products -completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.

CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 5 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: ESGL2310002808-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

2. We may cancel this policy by mailing or deliv-
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's terms
can be amended or waived only by endorsement
issued by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating, advisory,
rate service or similar organization which
makes insurance inspections, surveys, reports
or recommendations.

4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordi-
nances or regulations, of boilers, pressure ves-
sels or elevators.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.

If you die, your rights and duties will be trans-
ferred to your legal representative but only while
acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.

Copyright, Insurance Services Office, Inc., 1998
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 6 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER

CONTRACT OR AGREEMENT - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
SECTION II — LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include the following additional provision:

The person(s) or organization(s) shown in the Schedule below is an additional "insured", but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional "insured" under this policy as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of the use of a covered "auto". However, the insurance provided will not exceed the lesser of:
a. The coverage and/or limits of this policy; or
b. The coverage and/or limits required by said written contract or written agreement.

Schedule:

Person(s) or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
SA 00009 00 (10/17) Includes material copyrighted by ISO Properties, Inc., with its permission 82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 7 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

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

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person(s) or organization(s) shown in the Schedule above will be primary to, and non-contributory with, any other insurance available to such person or organization in the event a written contract or written agreement you enter into requires you to furnish insurance to such person or organization of the type provided by this policy.

SA 00007 00 (10/17) Page 1 of 1
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 8 of 11 This certificate cancels and supersedes ALL previously issued certificates.

POLICY NUMBER: 5087-1136-01 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

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

Named Insured: Pacific West Industries, Inc.

Endorsement Effective Date: 5/31/2024

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

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011
82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 9 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: 5087-1136-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

2. We may cancel this policy by mailing or deliv-
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's terms
can be amended or waived only by endorsement
issued by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating, advisory,
rate service or similar organization which
makes insurance inspections, surveys, reports
or recommendations.

4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordi-
nances or regulations, of boilers, pressure ves-
sels or elevators.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.

If you die, your rights and duties will be trans-
ferred to your legal representative but only while
acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.

Copyright, Insurance Services Office, Inc., 1998
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 10 of 11 This certificate cancels and supersedes ALL previously issued certificates.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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
Blanket waiver of subrogation as required by written
contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: Policy No. SAMTWC1022800 Endorsement No.

Policy Effective Date:11/17/2023 Premium $
Insured: Pacific West Industries, Inc.

DBA:

Carrier Name / Code: Service American Indemnity Company (Method) WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.

Countersigned by
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 11 of 11 This certificate cancels and supersedes ALL previously issued certificates.