Agenda packet — Placentia City Council, June 3, 2025 (part 2 of 5)

Form HA 99 16 12 21
151

4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".

Coverage is excess over any other collectible
insurance.

5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.

The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss"
caused by fire or lightning. Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will
provide coverage equal to the broadest
coverage applicable to any covered "auto" you
own.

We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".

This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

6. PHYSICAL DAMAGE - ADDITIONAL

TEMPORARY TRANSPORTATION EXPENSE

COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

7. LOAN/LEASE GAP COVERAGE
Under SECTION II I - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan
or lease; and carry-over balances from previous
loans or leases.

8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of

SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:

The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.

9. ELECTRONIC EQUIPMENT - BROADENED

COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION I I I - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:

Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section I II, Physical Damage Coverage,
Limit of Insurance, Paragraph C.2. is
amended to add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment) that
reproduces, receives or transmits audio,
visual or data signals which, at the time of
"loss", is:
(3)
Form HA 99 16 12 21 Page 3 of 5
152

(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the
installation of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250,
whichever deductible is less.

10. EXTRA EXPENSE BROADENED

COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.

11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

No deductible applies to glass damage if the
glass is repaired rather than replaced.

12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of

SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:

If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.

13. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -

DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an "accident" applies only when the
"accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

15. HIRED AUTO - COVERAGE TERRITORY

SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -

POLICY PERIOD, COVERAGE TERRITORY -
is added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.

16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of

SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:

We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.

17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.

18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:

If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.

Page4of5
Form HA 99 16 12 21
153

19. HYBRID, ELECTRIC, OR NATURAL GAS

VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%,
to a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement
cost, whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed
a total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto
that uses only an internal combustion engine
to move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:

In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.

Form HA 99 16 12 21

Page 5 of 5 ends

154

POLICY NUMBER: 72UEABM4T7M
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION OR NONRENEWAL

TO DESIGNATED CERTIFICATE HOLDER
Number of Days Notice:

Part A:

Part B:

Part C:

Part D:

SCHEDULE
Name of Certificate Holder:

Mailing Address:

This policy is subject to the following additional
Conditions when a number of days are shown in the
Schedule for any of the above Parts.

A. If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder in the Schedule, at least the number of
days in advance of the cancellation effective date,
as shown in Part A.

B. If this policy is cancelled by the Company for
nonpayment of premium, notice of such
cancellation will be provided to the certificate
holder in the Schedule within the number of days
notice of the cancellation effective date, as shown
in Part B.

C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate
holder in the Schedule, within the number of days
notice of the cancellation effective date, as shown
in Part C.

D. If this policy is nonrenewed by the Company,
notice of such nonrenewal will be provided to the
certificate holder in the Schedule, at least the
number of days in advance of the nonrenewal
effective date, as shown in Part D.

If notice is mailed, proof of mailing notice to the
certificate holder's mailing address as shown in
the Schedule will be sufficient proof of notice. If
the number of days notice in the Schedule for any
Part is left blank or is shown as zero, no notice will
be provided to the Scheduled certificate holder
under that Part.

Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's term.

Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.

Form IH 03 16 06 11
© 2011, The Hartford

Page 1 of 1 ends

155

Policy Number: S0073PL022022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -

SCHEDULED PERSON OR ORGANIZATION - FORM III
This endorsement modifies coverage provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Any person or organization that the
Any location where required by the
Named Insured agreed to add as an
written contract or written agreement in
additional insured in a written contract
which the Named Insured agreed to add
or written agreement that was fully
the person or organization qualifying as
executed by the Named Insured prior to
an additional insured under this
the performance of the Named Insured's
work that is the subject of such written
contract or written agreement.
endorsement.

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

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 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 additional exclusions apply:

This insurance does not apply to bodily injury, property damage or environmental 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 OBENV GE 346 (01 19)
Contains copyrighted material of Insurance Services Office, Inc. with its permission.

E -INSURED

Page 1 of 2 ends

156

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.

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

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.

All other terms and conditions remain the same.

OBENV GE 346 (01 19)
Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Copyright 2019, Intact Insurance Group USA LLC
157

Policy Number: S0073PL022022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -

COMPLETED OPERATIONS
This endorsement modifies coverage provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART

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

Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured's work that is the subject of such written contract or written agreement.

Location And Description Of Completed Operations:

Any location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement.

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 environmental 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

B. With respect to the insurance afforded to these additional insureds, the following is added to 1. Limits of Insurance in SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE:

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.

All other terms and conditions remain the same.

OBENV GE 351 (09 20)
Contains copyrighted material of Insurance Services Office, Inc. with its permission.

E -INSURED

Page 1 of 1 ends

158

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER

FROM OTHERS ENDORSEMENT
Policy Number: 72WEABM1NE2 Endorsement Number:

Effective Date: 1/1/2025 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
159

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.

The word "insured" means any person or
organization qualifying as such under Section II —
Who Is An Insured.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.

SECTION I - COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.

HG 00 01 09 16
(1)
The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
— Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for:
(3)
(3)

Page 1 of 21 ends

(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.

For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".

However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.

2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resulting
from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.

However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:

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HG 00 01 09 16
161

(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i)
"Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i)
"Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
HG 00 01 09 16 Page 3 of 21
162

g.
directly or indirectly on any insured's
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".

However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.

Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".

This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
"Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
(5)
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1)
(2)
War, including undeclared or civil war;
Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:

Page 4 of 21 ends

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163

(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3)
(4) Personal property in the care, custody or
control of the insured;
That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.

Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III — Limits Of Insurance.

Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products -completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.

I. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products -completed operations hazard".
(5)
Property loaned to you;
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.

This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
HG 00 01 09 16

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164

q•
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.

However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury".

As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

Employment -Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment -related practices" are
directed.

This exclusion applies:
(1)
Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(3)
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.

Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III — Limits Of
Insurance.

COVERAGE B PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.

However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
(3)

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165

discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
g•
use another's "advertising idea" in your
"advertisement".

Quality Or Performance Of Goods
Failure To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.

However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement".

Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.

J•
(3)
HG00010916 Page7of21
166

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the
insured exercises control.

I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution -Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1)
(2)
(3)
War, including undeclared or civil war;
Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Internet Advertisements And Content Of
Others
4•
"Personal and advertising injury" arising out
of:
(1) An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.

Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.

However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti -Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
(3)

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167

u. Employment -Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment —
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment -related
practices" are directed.

This exclusion applies:
(1) Whether the injury -causing event
described in the definition of "employment -
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a)
May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.

COVERAGE C MEDICAL PAYMENTS

1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(3)
(1)
First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.

2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
HG 00 01 09 16 Page 9 of 21
168

any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES
AAND B

1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.

We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.

All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.

These payments will not reduce the limits of
insurance.

2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
g.
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverage A — Bodily Injury And Property
Damage Liability, such payments will not be
deemed to be damages for "bodily injury" and
"property damage" and will not reduce the limits
of insurance.

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Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
art organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.

However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.

If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
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170

with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.

The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.

4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.

5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.

A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.

However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally

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171

(f)
(g)
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.

With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:

This insurance does not apply to:

1. Any "occurrence" which takes place after
you cease to lease that land; or

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.

With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:

This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:

1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or

2. Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.

With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
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172

(2) "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
(1)
In the performance of your ongoing
operations;
(2) In connection with your premises owned
by or rented to you; or
In connection with "your work" and
included within the "products -completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within 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.

With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
(3)
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.

The limits of insurance that apply to additional
insureds is described in Section HI — Limits Of
Insurance.

How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV —
Commercial General Liability Conditions.

No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard"; and
c. Damages under Coverage B.

3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products -
completed operations hazard".

4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.

5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and

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173

b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".

6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.

8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be
added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.

SECTION IV - COMMERCIAL GENERAL

LIABILITY CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1)
Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.

However, this provision does not apply to the
extent that you have agreed in a written
(3)
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contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;
Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.

This duty applies separately to you and any
additional insured.

3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or
that are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the claimant's
legal representative.

4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
(3)
(5)
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1)
Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I — Coverage A — Bodily Injury
And Property Damage Liability;
Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
When You Add Others As An
Additional Insured To This Insurance
(3)
(5)
(7)
Any other insurance available to an
additional insured.

However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also

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primary, we will share with all that
other insurance by the method
described in c. below.
(b) Primary And Non -Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.

When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.

At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.

The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.

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

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
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176

impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.

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

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

SECTION V - DEFINITIONS

1. "Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.

However, "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2. "Advertising idea" means any idea for an
"advertisement".

3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.

However, "auto" does not include "mobile
equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such territory or
in a settlement we agree to.

7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

8. "Employment -Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment -related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.

9. "Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.

10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

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177

11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work", or your fulfilling the
terms of the contract or agreement.

12. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
Premises Rented To You Limit described in
Section III — Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road -beds, tunnel, underpass or crossing.

However, Paragraph f. does not include that
part of any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.

13. "Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".

14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
HG 00 01 09 16 Page 19 of 21
178

primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.

However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".

16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisement", a person's
or organization's "advertising idea" or style of
"advertisement"; or
Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement".

18. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19. "Products -completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.

Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products -
g.
(3)

Page 20 of 21 ends

179

completed operations are subject to the
General Aggregate Limit.

20. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.

As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
21 "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.

22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.

23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.

24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.

25. "Your work":
a. Means:
(1) Work or operations performed by you or
on your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work", and
(2) The providing of or failure to provide
warnings or instructions.

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Project No . CS -25-01

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

REPLACEMENT OF SPORTS FIELD NETTING AT TORII HUNTER FIELD

WITHIN KR AE MER P ARK
THIS AGREEMENT (herein "Agreement "), is made and entered into this 3 day of June, 2025 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and Judce Netting, Inc . (herein "Contractor ") . The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the construction of sports field nettinc r eplacement at Torii Hunter field within Kraemer Park as set forth more fully in this Agreem ent.

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

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

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

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

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Judge Netting, Inc. a (Ca lifornia corporation) located at 11851 Westminster Av e. Garden Grove, California 92843.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth 1 181

Project No. CS -25-01
in Section 5 .2 .
(e)
(f)
Services . Services sh all m ean the services to be performed by the Contractor pursuant to this Agreement.

Satisfactory . Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR
2A Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit " A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contracto r is experie nced in performing the work and ser vices cont emplated herein and, in light of such sta tus and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended .

2. 2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2. 3 Compliance with Law. All services rendere d hereunder shall be pr ovided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but no t limited to, the claims procedure set forth in Public Contract Cod e Section 9204, a summary of which is attached to this agreement as Exhibit "E."

2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725. 5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, asse ssments and taxes, plus applicable penalties and intere st, which may be imposed by law and arise from or are nece ssary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2. 4.

2. 5 Familiarity with Work. By executing this Contract, Contractor warrants that Contracto r (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be pe rformed, and (c) fully understands the facilities, difficulties and restrictions attending pe rformance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the pe rformance of the services hereunder, Contracto r shall immediately inform 2 182

Project No. CS -25-01
the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Offic er.

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

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

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

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved .

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

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

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

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

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

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this A greement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement. 3 183

Project No. CS -25-01

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

3. 1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor . Any increase in compensation of twenty five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $40,000 must be approved by the City Council . It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be e ntitled to additional compensation therefore.

2.10 Prevailinc Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725 .5 .

Contractor shall ensure that its subcontractors comply with said requirements . In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agree ment. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq. , eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25. 00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contr actor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of reco rds as require d by Califo rnia Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentice s.

3. 0 COMPENSATION

3. 1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Forty Four Thousand Seven Hundred Seventy Dollars and Zero Cents ($44,770). The bid amount is Forty Thousand Sev en Hundred Dollars and Zero Cents ($40,700), and the 10% contingency is Four Thousand Seventy Dollars and Zero Cents ($4,070) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3. 2 Progress Payments. Prio r to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum 4 184

Project No. CS -25-01
applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8 .4 of this Agreement for retention of funds.

4.0 PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 8 .9 of this Agreement, this Agreement shall continue in full fo rce and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than June 3, 2026, unless the parties mutua lly agree in writing to extend the term.

5.0 COORDINATION OF WORK

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

Daniel Judge
Mara Perry
Ashley Crispell
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. The refore, 5 185

Project No. CS -25-01
the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder .

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5. 2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's resp onsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Co ntractor shall refer any decisions that must be made by City to the Contract Officer .

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement .

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

5. 4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Co ntractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the se lection, discharge, supervision or control of Contractor's employees, subco ntractors, servants, representatives or agents, or in fixing their number, compensation or hours of service . Contractor shall perform all serv ices required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City .

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5. 5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and service s set forth herein. Contractor represents that the tasks and services required herein will be performed by Co ntracto r or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5. 6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor fo r any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising fro m the removal or relocation of such unidentified utility facilities. 6 186

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5 .7 Trenches or Excavations . Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations mor e than four (4) feet in depth, the following shall apply .
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disp osal site in accordance with provisions of existing law; (2) Subsurf ace or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract .
(b) City shall promptly investigate the c onditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, perfo rmance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be pe rformed under the contract . Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE, INDEMNIFICA TION A ND BONDS

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

Conditions:

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

This insurance shall not be canceled, limite d in sco pe or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870. 7 187

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Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy .

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

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

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

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

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

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6. 1.

6. 2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance cov erages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit " D" , and are incorporated herein by this reference.

6. 3 Indemnification. Co ntracto r shall defend, indemnify, hold free and harmless the City of Placentia, its ele cted and appointed officials, officers, agents and employees, at Contractor's sole expense, from and a gainst any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein " claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the neglige nt acts or o missio ns of Contractor hereunder, or arising or alleged to arise from 8 188

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Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement .
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith . (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in conn ecti on with Contractor's (or its agents', employees', subcontractors' or invite es') negligent performanc e of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom .
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor f or such damages or other claims arising or all eged to aris e out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or da mages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (" FIFRA" ), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (" CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous M aterial Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Haz ardous Waste Control Law or the Porter -Co logne Water Quality Control Act, as any of those statute s may be amended from time to time.

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

The Contractor's indemnification obligations pursuant to this Section 6. 3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Labor and Materials and Performance Bonds. Concurrently with ex ecution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance 9 189

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bond each in the sum of the amount of this Agreement, in the f orms provided by the City Clerk, which secures the faithful performance of this Agreement . The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney . The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.

6. 5 Sufficiency of Insurer or Surety . Insurance required by this Agreement shall be satisfacto ry only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are w aived by the Risk Manager of the City due to unique circumstances . In the event the Senior Management Analyst of City (" Senior Man agement Analyst") determines th at the work or services to be performed under this Agreement cre ates an increased risk of loss to the City, the Contractor agre es that the minimum limits of the insurance policies required by this Section 6 may be changed acco rdingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.

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

7. 0 RECORDS AND REPORTS

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

For this reason, Contractor agrees that if Co ntractor becomes aware of any facts, circumsta nces, technique s, or eve nts that may or will materially increa se or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7. 2 Records. Co ntracto r shall keep, and require subcontractors to keep, such books and reco rds (including but not limited to payroll records as required herein) as shall be nece ssary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 10 190

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7 .3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upo n request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use . Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any do cuments or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254 .7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret . The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

8.0 GENERA L PROVISIONS

8. 1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

8.2 Representatives. The City Administrator or his or her designee shall be th e represe ntative of City for purpo ses of this Agreement and may issue all co nsents, approvals, directives and agreements on behalf of the City, ca lled for by this Agre ement, except as otherwise expressly prov ided in this Agreement.

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

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; prov ide d further that if the default is an immediate 11 191

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danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary . Notwithstanding the foregoing, the n ondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the de fa ult within the tim e period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8 .3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured .

8. 4 Retention of Funds . Progress payments shall be made in accordance with th e provisions of Section 3. 2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the w ork by the City Council, after Contractor shall have furnished City with a release of all undisputed contract a mo unts if require d by City. In the event there are any claims specifically excluded by Contractor fro m the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall n ot affect Contractor's obligations hereunder.

8. 5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of a ny default must be in writing and shall not be a waiver of any othe r default concerning the same or any other provisio n of this Agreement .

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

8. 7 Legal A ction. In a ddition to any other rights or remedies, either party may take legal ac tion, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compe l specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obta in any other remedy consistent with the purposes of this Agreement.

8.8 Liquidated Damaces. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to de termine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8. 9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with 12 192

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the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable eff orts to mitigate such dam ages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

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

To City:

To Contractor:

City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Lydie Gutfeld
Judge Netting, Inc.
11851 We stminster Ave.

Garden Grove, California 92843
Attn: Daniel Judge

8. 11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8. 12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any perso n or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that 13 193

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applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry .

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

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

8. 16 Hirinc of Illecal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

8. 17 Unfair Business Practices Claims. In entering into a public works contract or a subcontra ct to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U .S.C.

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

8. 18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8. 19 PERS Elicibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for e nrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employe es, agents, and subcontractors 14 194

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providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

8. 21 Legal Responsibilities . The C ontractor shall ke ep itself informed of City, State, and Federal Taws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement . The Contractor shall at all times observe and comply with all such laws, ordinances and regulations . Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

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

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of pro gress payments re ce ived by contractor .

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

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

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

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

8. 23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the eve nt that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and 15 195

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correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction .

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

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

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

8. 27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

8. 28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

8. 29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an o riginal. All counterparts shall be construed together and shall constitute one agreement.

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

8. 31 Entire A greement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced here in and supe rsedes 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 modifica tion. The terms of this A greement shall prevail over any 16 196

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inconsistent provision in any other contract docum ent appurtenant hereto, including exhibits to this Agreement.

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

ATTEST:

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

Kevin Kirwin, Mayor
ATTEST:

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

CONTRACTOR
Signature: D
Email: dan@judgenetting. com
Signature
Daniel Judge
President
Name and Title
Social Security or Taxpayer ID Number
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Rosanna Ramirez, Deputy City Administrator
17 Date:

Date:

May 21, 2025
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APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Lydie Gutfeld, Director of Community Services
18 198

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Page 1 of 2 ends

(Use of City Bond Form is Required)

LABOR AND MATERI AL P AYMENT BOND

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

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

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

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

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bo nd by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or re lating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditio ns prece dent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
199

Project No . CS -25-01

Page 2 of 2 ends

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

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

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

IN WITNESS THEREOF, we have h ereunto set our hands and seals this day of , 20
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FO RM:
/s/ Christian L. Be ttenhausen
City Attorney
200

Project No. CS -25-01

Page 1 of 1 ends

(Use of City form is required)

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

Business Addre ss:

Telephone Number:

Date:

Print Name:

Principal
Signature:

Title
201

Project No. CS -25-01

Page 1 of 1 ends

(Use of City form
is required)

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

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

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

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

U. S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
202

Project N o. CS -25-01

BID GUAR ANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

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

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

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

If the City elects to pe rform the re place ment, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

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

Guarantor
Contractor:

Title:

Date:

By:
203

Project No. CS -25-01

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

That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violatio n of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
j•
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)
204

Project No . CS -25-01

EXHIBIT A

SCOPE OF SERVICES
205

SPORTS FIELD NETTING FOR T
Mcindav, April 7, , UI�#a HUNTER FIELD AT K ME�R PPARK. ,01s - ] (Alp m

JudgeN etting
Barri er Specialists
11851 Westminster Avenue Garden Grove, CA 92843
Office (800) 955-6788 (714) 265-2200 FAX (714) 265-2400 California Contractors License # 779080 A, B, C10, C13, C61, D31, HAZ DIR #1000005816 www..udenettin; .com
Proposal and Contract
April 10, 2025
Mr. Matthew Brand
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Re: Bid No. CS -25-01 Torii Hunter Field- Net Replacement at Kraemer Memorial Park (201 N. Bradford Ave.) Dear Mr. Brand:

We propose to supply the material, labor, and equipment necessary to perform the following per spec and site walk:

Install new sports safety netting at the Torii Hunter Baseball Field at Kraemer Memorial Park.

The new netting will be210d/126 UV treated knotless nylon netting with 1-7/8" opening mesh (3-3/4" stretch mesh) with sewn in perimeter, vertical, and horizontal rope border, cut and square hung. - Add new bottom cable and hardware. Top cable & hardware to remain as is.

No pole painting included.
- Performance & payment bonding is included.

BASE BID: Price for work as described above is $40,700.

We are a licensed California Contractor, and a// applicable taxes & prevailing wages are in cluded in this pr op osal. (Pleas e initial, to tal, and sign where applicable upon acceptance).

Payment Terms:

Monthly progress payments due upon scope completion. Invoices not paid when due are subject to a service charge of 1-1/2% per month. This is an annual percentage rate of 18% . Should a suit be instituted to enforce the provisions of this Proposal and Contract, the prevailing party shall be entitled to reasonable attorney's fees and court costs as determined by the court or other tribunal hearing the matter. Time is of the essence in the performance of this work.

Standard Assumptions:
• Our prices are firm for acceptance for a period of 30 days only. • Necessary and reasonable access "to," "from," and "at" work site during construction. • Park & baseball activities may require alteration during construction to provide a safe working environment for our employees and equipment.
• Mobilization costs included in our proposal are based on one move on off. Any cessation of work due to lack of permits or any reason by the client will require a $1,500 re -mobilization charge with all work and materials invoiced to date. • If, during the performance of this contract, the price of contractor's materials increases more than 10%, the price of said materials shall be equitably adjusted by the owner to account for said increase. • If any work associated with this contract is within 10' of po wer lines, the owner or the owner's representative will need to tempo rarily shut down the power to those lines at no cost to Judge Netting, Inc.; or work will need to be subcontracted to an electrical contractor to ensure compliance with OSHA requirements. • Public Works contracts must have a DIR (Department of Industrial Relations) number assigned to the project and this info must be provided to Judge Netting upon approval of proposal, contract, or PO. Please inquire to safes@'udgenetting.com should you have any questions. httos://services. dir.ca.gov/gsp?id=csm sc catego ry&catalog id= -1 207

Mr . Brand April 10, 2025
Bid N o. CS -25-01 T orii Hunter Field- Net Replacement at Kraemer Memorial Park (201 N. Bradford Ave .) Standard Exclusions:
• We are a non-union company and, as such, will not become signatory to any labor agreement (PLA, MLA, CBA) . • This proposal does not include any bonding, engineering, DSA approvals, permit fees or related costs involved in securing permits except as noted in this proposal . If Judge Netting is not contracted to pull permits, the client is responsible for acquiring all permits and any costs relating to permit requirements . Sh ould a government agency require changes, additional construction costs will be assumed by the client. Should the project be stopped for lack of permits or for any reason by a client or government agencies, material and work will be invoiced, and a remobilization fee shall apply . • Tree trimming, stump grinding, grubbing, site clearing, or foundation removal. • Temporary turf protection of any kind.
• Indemnification: Judge Netting, Inc. will not indemnify any additional Owners, Architects, Contract ors, or Agents. • Accidental non -negligent damage to driveways, parking lots, tennis courts, irrigation systems, or sod, that may be caused by our equipment.
• Subsurface or latent physical conditions at the site differing from those indicated. • Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract . • The owner shall promptly investigate the conditions, and if it finds that conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order in the amount of contractors expenses incurred plus 10% . • Judge Netting makes no warranty, either expressly or implied, as to the protective capabilities of netting or structures, including height requirements and/or performance of any existing material or material used during construction.

Judge Netting's liability under this contract shall not exceed the price identified above.

Cancellation:

Upon execution by both parties, this Proposal and Contract is non -cancellable. Any cancellation by Purchaser shall entitle Judge Netting at its discretion, to collect any fees or charges it has incurred in preparati on for delivery of the work outlined above.

We appreciate the opportunity to present this proposal. Please contact us at sales@ udgenetting .com or 714-265-2200 with questions or co ncerns.

JUDGE NETTING INC. ACCEPTED: CITY OF PLACENTIA
By: By:

Authorized signer only
Date: April 10, 2025 Date:
2 208

Replacement of Sports Field Netting at Torii Hunter Field Within Kraemer Mem orial Park

BIDDER'S BOND
(T o Acc ompany Contract Prop os al)

KNOW ALL MEN BY THESE PRESENTS,
That Judge Netting, Inc. , as PRINCIPAL, and
United Fire & Casualty Company , as SURETY, are held and firmly bound unto the City of Placentia in the sum of TEN PERCENT (10 %) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain atto rney, its success ors and assigns; f or which payme nt, well and truly to be made, we bind ourselves, o ur heirs, executors and administrators, successors or assigns, j ointly and severally, firmly by these presents.

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

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the abov e -mentioned bid to the City of Placentia for certain construction for which bids are to be submitted via Planet Bids on April 14, 2025, for:

Replacement of Spo rts Field Netting at Torii Hunter Field Within Kraemer Memorial Park NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner re quired under the specificatio ns, after the pre scribed forms are presented to him for signat ure, enters i nto a written consent in the prescribed form in accordance with the bid, and files the two b onds with the City of Placentia, on e to guaran tee faithful perfo rmance and the o ther to guarantee payment for Lab or and Materials as required by law, then this obligatio n shall be null and void, o therwise, it shall be and rernain in full force and effect. In the eve nt suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shah pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 9th Day of April 2025.

U{
vEc:k
SURETY
United Fire & Casualty Company
Harrison Yoshio ka. Attorney -in -Fact
PO Box 73909, Cedar Ra3ids, IA 52407-3909
Address
Titie
(SEAL) (SEAL)
209

Instructions: If the Contract or is a corp oration, the agreement must be execut ed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictiti ous name, it must be signed by ali perso ns having an interest in the business, and the fictitious name must be signed als o. All bond signatures must be no tarized. The standard printed bid bond f orm of any bonding c ompa ny approved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the forego ing approved sample bond f orm provided th e security stipulati ons protecting the City are in any way reduced by use of the surety company's standard printed f orm.

BID BOND

ACKNOWLEDGMENT OF SURETY

STATE OF
ss
Co unty of
On this day of , 2025, A.U.
personally appeared before me a
(No tary Public, Judge or Other O fficer)
in and fo r County, State of
kno wn to me to be the of the corporation that
executed the fo rego ing instrument and, upon o ath, did depose that he is the officer of said corporation as abo ve de signed; that he is acquainted with the seal of said corpo rate seal of said c orp orati on; that the signatures to said instrument were made by o fficers of said corporation as indicated after said signatur es; an d that the said corporation executed the said instrument freely an d voluntarily and for the uses and purposes therein mentio ned.

See Attached Notary Acknowledgment
(Notary Public, Judge or Other Officer)
210

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

State of California
County of Orange
On _APR . 0 9 2025 before me, _...

Date
personally appeared ._
Jessica Alvarado, Notary Public
Here I nsert Name and Titl e of the Officer
Harrison . Yoshioka
Name(s) of Sig ner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

JESSICAALVARAQ0
Notary Public - California
Orange County
Commission # 2510311
My Comm. Expires Jan 21, 2029
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the l aws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal .

Signature

OPTION AL
Sir #ure of Notary Public
Though this se ction is optional, comple ting this information can deter alteration of the doc ume nt or frau dulen t rea ttachment of this fo rm to an un in tended documen t.

De scription of Attache d Document
Title or Type of Document:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Sign er(s)
Signer's Name:

Corporate Officer -- T itle(s):

Partner -- Limited General
Individual x Attorney in Fact
Trustee Guardian or Conservato r
Other:

Signer Is Representing:

Document Date:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee
Other: _._.... _
Signer Is Representing:

Guardian or Conservator
©2014 National Notary Association • www. NationalNotary. org ' 1 -800 -US NOTARY (1-800-876-6827) Item #5907 211

UNITED FIRE & CASUALTY C OMPA NY, CEDA R RAPIDS, IA

UNITED FIRE & INDEMNITY COMPA NY , WEBSTER, TX

FINA NCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA

CERTIFIED COPY OF POWER OF ATTOR NEY
( original on file at Home Office of Company — See Certificati on) KNOW ALL PERSONS BY THESE P RESENTS, That United Fire & Casualty Company , a corporation duly organized a nd existing under the laws of the State of Iowa; United. Fire & Indemnity Compa ny, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporatio n duly organized a nd existing under the laws of the State of Califor nia (herein collecti vely called the Compan ies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute a nd app oi nt

MARK RICHARDSON, KEVIN CATHCART, TERAH LANE , NICOLE EVANS, KIM LUU, MIKE PARIZINO, RACHELLE RHEAULT,

HEATHER SALTARELLI, LEIGH MCDONOUGH, JESSICA ALVARADO, HARRISON YOSHIOKA, EACH INDIVIDUALLY Inquiries: Surety Department
118 Second Ave SE
Cedar Rapids, IA 52401
their true and lawful Attorn ey(s)-in -Fact with power and authority hereby conferred to sign , seal and execute in its behalf all lawful bonds, undertakin gs and other obligatory instrum ents of similar nature pro vided that no si ngle obligation shall exceed $100, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if s uch i nstruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuan t to the authority hereby gi ven a nd hereby ratified a nd c onf irmed .

The Authority b. ereby granted is continu ous and shall remain in full force a nd effect until revoked by United Fire & Casualty Company, United Fire & Indemn ity Compan y, and Finan cial Pacific Insurance Company.

This Power of A ttorney is made an d executed pu rsuant to and by authority of the following bylaw duly adopted by the Boards of Directors of U nited Fire & Casualty Company, United Fire & Indemnity Compan y, an d Financial Pacific Insurance Compa ny. "Article VI — Sur ety Bonds and Undert aki ngs"
Section 2, Ap pointment of A ttorney -in -Fact. "The Presiden t or an y V ice Presiden t, or any other officer of the C ompanies may, fr om time to time, appoint by written certificates auo mcvs-in-fact to act in behalf of the Companies in the execution of policies of insurance, b onds, undertaki ngs and other obligatoiy inst ruments of like nature .

The signature of an y o fficer au thorized hereby, and the Co rporate sea], may be affix ed by facsimile to any power of att or ney or special power of attorney or certification of either authorized hereby; such sign atu re and seal, when so used, being adopte d by the Companies as the origi nal sig nature of such officer a nd the origin al seal of the Compan ies, to be valid an d binding upon the Comp anies with the saute force and effect as tho ugh manually affi xed. Such attomeys-i n-fact, subject to the limitatio ns ser of forth in the ir respectiVe certificates of autho rity shall hav e fu ll power to bin d the Companies by their signature a nd execution of any such i nstruments and to attach the s eal the Companies thereto. The Presiden t or any Vice President, the Board of Dire cto rs or an y other officer of the Compa nies may at any time revoke all power and authority previously given to an y attome y-in-fact.

State of Iowa, Co unty of Linn, ss:

On 15th day of February, 2022, befo re me personally cam e Kyanna M. Saylo r to me known, who being by me duly sworn, did depose an d say; that she resides in Cedar R apids, State of Iowa; that she is a Vice President of U nited Fire & Casualty Company, a Vice President of Un ited Fire & indemnity Company, and a Vice Presiden t of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrumen t is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said co rporations an d that she signed her name thereto pu rsuant to like authority, and acknowledges same to be the act and deed of said corporations.

IN WITNESS WHEREOF, the COMPA NIES have each caused these prese nts to be signed by its v ice president and its co rporate seal to be hereto affixed this 15th day of February, 2022

LINITED FIRE & CASUALTY COMPANY

U NITED FIRE & INDEM NITY COMPANY

FINANCIAL PA CIFIC INSURANCE COMPANY
By:
!L�
Patti Waddell
Io wa Notarial Seal
Co mmission numbe r 713274
My Commission Expires 10126/2025
Vice President
Notary Pu blic
My commission expires: 10/26/2025
I, Mary A, Bertsch, Assista nt Secretary of United Fire & Casualty Compan y and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Finan cial Pacific Insurance Compan y, do hereby certify that I have compared the foregoing copy of the Power of Attorney an d a ffidavit, an d the copy of the Section of the bylaws and resolution s of said Corpo rations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, an d that the same are correct transcripts thereof, an d of the whole of the said origin als, and that the said Power of Attorney has not been revoked an d is now in full force an d effect.

In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 9th day of April , �0 25
By:

Assistant Secretary,

UF& C & I F&I & FPIC
BPOAo049 1217
212

ATT ACHMENT A

BIDDER'S ST ATEMENT AND

COMPANY INFORM ATION
A. COMPANY INFORMATION
Company Full Legal Name:

Judge Netting, Inc.

Business Address:
11851 Westminster Ave . Garden Grove, CA 92843
Southe rn California Address: (if different)
Website Address:
www .judgenetting.com
Length of time firm has been in business:
28 Type of business:
(LLC, Partnership, or Corporation)
Corporation
If incorporated,
State of
Incorporation:

S
Taxpayer I.D. No. 86-1047068
DIR Registration Number 1000005816
CSLB Number(s) 779080
Contractor's License Classification(s) A, B, C10, C13, C61, D31, HAZ
Pro ject Manager Contact Information
Name Mara Perry
Phone 714-265-2200
Email mara@judgenetting .com
Contract Administrator Information
(insurance an d o ther administrativ e questio ns)
Name Ashley Crispell
Phone 714-265-2200
Email sales@judgenetting .com
BIDDERS STATEMENT:

With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I co nfirm I have read, un derstand, and accept the terms and conditions of this Invitation for Bid.

Upon request, I will transfe r an d deliver all goods to the City in accordance with said terms and conditio ns.
a
Signature
B. REFERENCES
President
Title
Attachment A

Page 1 of 2 ends

213

ATTACHMENT A

BIDDER'S STATEMENT AND

COMPANY INFORM ATION
References shall be provided in accord ance with this Notice Invting Bids, Section I. Bid Submittal Instructions. Additional pages may be attached if necessary .

REFERENCE #1
Agency Name:

City of Pasadena
Contact Name:

Brandon Fox
C ontact Email Address:
bfox@rosebowlstadium .c om
Dates of Services Performed/Contract Term:
2/15/25-3/15/25
Co ntract Amo unt:
$125,600
Contact Ph one Number:
626-390-2665
Brief Description of Scope of Work (i.e., supplies, equipment, services pr ovided):

Remove and replace netting panels and wood, repair broken cable, and torn netting and chainlink, install new netting and pole for golf cours e REFERENCE#2
Agency Name:

Santa Clara Unified School District
Contact Name:

Hilda Zuniga
C ontact Email Address:
[email protected]
Dates of Services Perfo rmed/Contract Term:
7/1/24-8/7/2-24
Contract Amount:
$36,874
Contact Phone Number:
408-423-2031
Brief De scription of Sco pe of Work (i.e., supplies, e quipmen t, s ervices provided):

Baseball Field Netting extension
REFERENCE#3
A gency Name:

City of Pasadena
Con tact Name:

Gabriel Araujo
Co ntact Email A ddress:

Dates of Services Performed/Contract Term:
6/4/24-6/28/24
Contract Amount:
$70,085. 93
Contact Phone Number:
626-744-4461
Brief Descriptio n of Sco pe of Wo rk (i.e., supplie s, equipmen t, service s prov ided):

Netting install for Robinson Park and Field

Page 2 of 2 ends

214

Mayor

KEVIN KIRWIN
M ayor Pro Tem
CHAD P. WANKE
Coun cilmembers:

THOMAS HUMMER
WARD L. SMITH
JEREMY B. YAMAGUCHI
The People are the City
t rtri n
401 East Chapman Avenue - Placentia, California 92870
April 7, 2025
City Clerk:

ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
Interim City Administrator

THO MAS HATCH
Subject: Addendum No . 1 for RFP for Replacement of Sp orts Field Netting at Torii Hunter Field Within Kraemer Memorial Park
De ar Prospective Bidders:

This letter comprises Addendum No. 1 for RFP for Replacement of Sports Field Netting at Torii hunter Field Within Kraemer memorial Park released by the City of Placentia on March 31, 2025. The following clarifications/changes are hereby issued:

1. Scope of Work, - Page 8- Remove the replacement of new cables and hardware.

2. Sco pe of Work, - Page 8- Add the installation of a new bottom cable and any necessary hardware.

Portions of the bid specifications not specifically mentioned in this Addendum remain in force.

Sincerely,
Matthew Brand,
Community Services Coordinator
END OF ADDENDUM NO. 1
This addendum must be acknowledged via Planet Bids and sho uld be included with the bid respo nse.

If you have additional questions regarding Addendum No. 1, please contact Matthew Brand, Community Services Coordinator, at (714) 993-8243. 215

ATTACHMENT C

SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq ., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0 .5 %) of bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq ., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i .e . bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law .

If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates.

In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or's suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (. 05%) of the contractors total bid .

Additional sheets may be attached if needed.

Subcontractor Name: N/A
Address:

Portion of Work/Trade:

Bid Amount:

Contractor's License No.

Dir Registration No. :

Subcontracto r Name:

Address:

Portion of Work/Trade:

Bid Amount:

Contractor's License No.:

Dir Registration No.:
216

III. BIDDER'S PROPOSAL FORM

REPL ACE MENT OF SPORTS FIELD NETTING, TORII HUNTER,

KR AEMER MEMORIAL PARK
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the gloves, in accordance with City needs and/or fund availability and the specifications provided herein .

Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer .

BID ITEM

ITEM DESCRIPTION

QUANTITY

UNIT OF

MEASURE
PRINCE
TOTAL

1. Replacement of spo rts field netting
Torii Hunter field
1 LS
$ 40,700
$

2. $
$

3. $
$
To tal
$
$ 40,700
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
*** BID ITEMS TO BE INPUTED ON-LINE IN PLANETBIDS***
City of Placentia
Bid No. CS -25-01 Page 9 of 18
217

G, tLiC_ aSidt tk+
Replacement of Sports Field Netting at Torii Hunter Field Within Kraemer Memorial Park

BIDDER'S BOND
(To Accompany C ontract Pr op osal)

KNOW ALL MEN BY THESE PRESENTS,
That Ju dge Netting, Inc.
, as PRINCIPAL, and
United Fire & Casualty Company , as SURETY, are held a nd firmly bound unto the City of Placentia in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to the said City or its certain atto rney, its success ors and assigns; f or which payme nt, well and truly to be made, we bind o urselv es, o ur heirs, executors and administrators, success ors or assig ns, jointly and severally, firmly by these presents.

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

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS, said PRINCIPAL has submitted the abo ve -mentioned bid to the City of Placentia f or certain co nstruction fo r which bids are to be submitted via Plane t Bids on April 14, 2025, for:

Replacement of Sports Field Netting at Torii Hunter Field Within Kraemer Memorial Park NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract and within the time and manner require d under the specifications, after the prescribed forms are presented to him for signature, enters i nto a written consent in the prescribed form in accordance with the bid, and files the two bonds with the City of Placentia, one to guarantee faithful performance and the other to guarantee payment for Labor and Materials as required by law, then this obligation shall be null and void; o therwise, it shall be and remain in full force and effect. In the eve nt suit is brought upon this bond by the Obligee and judgment is recovered, said SURETY shall pay all co sts incurred by the Obligee in such suit, including a reasonable attorneys fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 9th Day of April 2025.

PRINCI
BY:

Title
(SEAL)
e
SURETY
United Fire & Casualty Company
Harriso n Yoshioka Attorney -in -Fact
PO Box 73909, Cedar Ra lids, IA 52407-3909
Address
(SEAL)
218

Instructions: If th e Contractor is a c orporation, the agreem ent must be executed in the c orporate name and signed by the Pr esident or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed als o. All bond signatures must be no tarized. The standard print ed bid bo nd form of any b onding c ompany appr oved by the City pursuant to Item 7, "Insurance Policies and Bonds", in the Instructions to Bidders may be used in lieu of the forego ing approved sample b ond f orm pr ovided the security stipulations prot ecting the City are in any way re duced by use of the surety company's standard print ed form.

BID BOND

ACKNOWLEDGMENT OF SURETY

STATE OF
Co unty of
On this day of
ss
}
2025, A.D.
personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for County, State of
known to me to be the of the c orporation that
exe cuted the foregoing instrument and, upon oath, did depose that he is the officer of said corp oration as abov e designed; that he is acquainted with the seal of said corpo rate seal of said c orp orati on; that the signatures to said instru ment were made by officers of said co rporation as indicated after said signatures; and that the said corporation executed the said instrument freely and vo luntarily and for the uses and purposes therein mentioned.

See Attached Notary Acknowledgment
(Notary Public, Judge or Othe r O fficer)
219

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

State of Cali,,.:,,,;
. ,,i
County of Orange
APR 0 9 2025 before me,
Date
personally appea red
Jessica Alvarado, Notary P ublic
H ere Insert Name and Title of the Officer
Harrison Yoshioka
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscri to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the e ntity upon behalf of which the person(s) ac ted, executed the i nstrument. ra. JESSICAALVARADO
Notary Public - California
Orange County
7? / Commission k' 2510311
a `F My Comm. Expires Jan 21, 2029
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

O PTIONAL
of Notar/ Public
Tho ugh this se ction is optional, comple tin g this info rmation can deter a lteration of the do cument or fraudulent rea ttachment of this form to an unin tended documen t.

Description of Attached Do cument
Title or Type of Document:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claime d by Signer(s)
Signer's Name:

Corporate Officer -- T rtle(s):

Pa rtner — Limited General
Individual x Atto rney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:

Documen t Date:

Signer's Name:

Corpo rate Officer Title(s): ..

Partner — Limited General
Individu al Atto rney in Fact
Trustee Gua rdian or Co nservator
Other:

Signer Is Representing:
your -
C)2014 National Notary Association • www. NationalNotary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #59Q7 220

U NITED FIRE & CASUALTY COMPANY, CE DA R R API DS, IA
UNITED FIRE. & INDElvINITY COMPA NY , WEBSTER, TX

FINANCIAL PACIFIC INSURA NCE COMPANY, LOS AN GELES, CA

CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — S ec Certification) KNOW ALL PERSONS BY THESE PRESENTS , That United Fire & Casualty Compa ny , a corporati on duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity C ompany , a corporatio n duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duty organized a nd existing under the. laws of the State of California (herein collectively called the Companies), and having their corpo rate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint

MARK RICHARDSON, KEVIN CATHCART, TERAH LANE, NICOLE EVANS, KIM LUU, MIKE PARIZINO, RACHELLE RHEAULT,

HEATHER SALTARELLI, LEIGH MCDONOUGH, JESSICA ALVARADO, HARRISON YOSHIOKA, EACH INDIVIDUALLY Inq uiries: S urety Department
118 Seco nd Ave SE
Cedar Rapids, IA 52401
their trice an d lawful Attoni.ey(s)-in-Fact with power and authority hi xeby conferred to sign , seal and exec ute m its behalf all lawful bo nds, undertakin gs and other obligatoty instruments of similar nature provided that no single obligatio n shall exceed $100,000, 000.00 and to hard the Companies thereby as fu lly and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said A ttorney, pursu ant to the authority hereby give n and hereby ratified and confirmed.

The Authority hereby granted is continuous and shall remain in full force a nd effect until revoked by U nited Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insuran ce Company.

This Power of Attorney is made and executed pursuant to an d by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Compan y, United Fire & Indemnity Company, and Financial Pacific I nsura nce Company. "Article VI — Su rety Bonds and Undertakings"
Section 2, Appointment of A ttorney -in -Fact. "The Presiden t or any Vice President, or any other officer of the Companies may, from time to time, appoint by written cert ificates atto rneys -in -`act to act in behalf of the Compa nies in the execu tion of policies of insurance, bonds, undertakings a nd other obligatory inst rume nts of like nature .

The sign ature of an y officer authorized hereby, and the Corpo rate seal, may be affix ed by facsimile to any p ower of attorney or special power of attorn ey or certification of either authorized hereby; such sign ature and seal, when so u sed, being ado pted by the Compa nies as the origi nal signature of s uch offic er and the original seal of the Companies, to be valid and binding upon the Companies with the same fo rce an d effect as though manually affi xed. Such attorneys -in -fact, subje t to the limitations set of forth in their respective certificates of authonty shall have full power to bind the Compan ies by their signature and execution of a ny such instr uments and to attach the seal the Co mpanies the re to. The President or any V ice Presiden t, the Board of Directors or any other officer of the Companies may at any time revoke all powe r and authorit y previously given to any atto rney -in fact.

State of Iowa, Coun ty of Liner, ss:

On 15th day of February, 2O22, before me pe rso nally came Kyanna M. Saylo r to me known, who being by me duly sworn, did depose and say; that she resides in Cedar R apids, State of Iowa; that she is a Vice Preside nt of United Fire & Casu alty Company, a Vice President of United Fire & ln demnin , Co mpany, and a Vice President of Financial Pacific Insurance Company the corporation s describe d in and which executed the above instilment; that she kn ows the seal of said corporations; that the seal affixed to the said instilmen t is such corporate seal; that it was so affixed pursuant to authority given by the Bo ard of D irecto rs of said corporations an d that she signed her name thereto pursuant to like autho rity, and acknowledges same to be the act and dee d of said corporations.

IN WITNESS WH EREOF, the COMPANIES have each ca used these presents to be signed by its vice president and its corporate seal to be hereto affixed this 15th day of February, 2O22

UNITED FIRE & CASUALTY COMPANY

UNITED FIRE & INDEM NITY COMPANY

FINAN CIAL PACIFIC INSURANCE COMPANY
By:

Patti Waddell
Iowa Notarial Se al
C ommission number 713274
My Co mmission Expires 10/26/2025
Vice President
t N otary Public
My commission expires: 10/2672025
1, Mary A. Bertsch, Assistan t Secretary of 'United Fire & Casu alty Company and Assistant Secretary . of United Fire & Indemnity Company, an d Assistan t Secreta ry of Fin ancial Pacific In surance Company, do hereby certify that 1 have co mpared the foregoing copy of the Po wer of Attorney and affidavit, an d the copy of the Sectio n of the bylaws and resolu tion s of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE. IN THE HOME OFFICE OF SAID CORPORA TIONS, an d that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has n ot been rev oked and is now in fu ll force and effect.

In testimony whereof I have hereu nto su bscribed my name and affixed the corporate seal of the said Corporations this 9th day of A pril , 20 25
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221

Project No. CS -25-01

EXHIBIT B

SCHEDULE OF PERFORMANCE
222

Project No . CS -25-01

EXHIBIT C

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

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

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

1. Subrogation waiver endorsement; and

2. Properly completed Certificate of Insurance.

B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required 223

Project No. CS -25-01
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor . • Any deductible or self -insured retention shall be shown on the Certificate of Insurance . If the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY . Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action invol ving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor . CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of " insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
224

Project No . CS -25-01
• Required Evidence of Coverage:

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

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

3. Properly completed Certificate of Insurance; and

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

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

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

2. Properly completed Certificate of Insurance.

D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. 225

Project No . CS -25-01
Additional insured status shall continue for one (1) year after completion of the work .
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them .
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work .
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work . • Required Evidence of Coverage:

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

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

3. Properly completed Certificate of Insurance.

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

F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
226

Project No. CS -25-01
G. Documentation
• The Certificate of Insurance shall include the following reference:
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.

EXHIBIT D

CERTIFICATES OF INSURA NCE AND ENDO RSEM ENTS
227

Project No. CS -25-01

EXHIBIT E

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

A "claim" is a separate demand on the City by a contractor on a public works project a nd se nt by registered mail or certified mail with return receipt requested, f or o ne or more of the following:
• A time exten sion, including relief from pe nalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentatio n. The City has 45 days within which to review the claim and prov ide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any u ndispu ted portion of the claim within 60 days of issuin g the statement.

Meet & Con fer
If the contractor disputes the City's written response, or if the City does not issue one, the c ontractor may requ est in writin g an in formal conference to meet an d co nfer for possible settlement of the claim. The City will schedule the meet an d confer conferen ce within 30 days of this request and provide a written statement identifying the remaining dispu ted and undisputed portions of the claim within 10 busin ess days of the meet a nd confer . The City will pay the u ndisputed portion within 60 days of issuin g this statement.

Mediation
With respect to any disputed portion remaining after the meet an d confer, the City and contractor will submit the matter to n on bin din g mediation , agree to a mediator within 10 business days after issuing the writte n statement, a nd share mediation costs equally. If mediation is un successful, then the terms of the public works agree ment and applicable la w will gov ern resolu tion of the dispute.

Miscellan eou s Prov isions
Amoun ts not paid by the City in a timely manner bear in terest at 7% per ann um. Subcontractors may submit cla ims via this procedu re through the general contractor. The City an d con tractor ma y waiv e the requirement to mediate, bu t canno t otherwise waive these claim procedures. 228

Torii Hunter Netting Public Works Template w
Bonds
Final Audit Report
2025-05-21
Created: 2025-05-15
By: Brand Matthew (mbrand@placentia .org)
Status: Signed
Transaction ID: CBJCHBCAABA ArDiQ21x1IewJ V28xPBB0Y4ZbRBxRQyDT "Torii Hunter Netting Public Works Template w Bonds" History Document created by Brand Matthew (mbrand@placentia .org) 2025-05-15 - 8:48:41 PM GMT
Document emailed to Daniel Judge ([email protected]) for signature 2025-05-15 - 8:52:21 PM GMT
Email viewed by Daniel Judge (dan@judgenetting. com)
2025-05-15 - 10:05:19 PM GMT
Document e -signed by Daniel Judge (dan@ judgenetting. com) Signature Date: 2025-05-21 - 7:52:24 PM GMT - Time Source: server Agreement completed.
2025-05-21 - 7:52:24 PM GM T
Adobe Acro bat Sign
22 9

Agenda Item No: 1 .i

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: June 3, 2025
Submitted by: David Radomski
From: Police Department
Subject:

Placentia Public Safety Building - Computer Hardware Purchase Financial Impact:

Fiscal Im pact:

Expense: $112,940.40 Total Purchase Price of Equipment with Contingency Budget: $750,000.00 DOJ COPS Grant Funding (105213-6840) Summary:

This action will approve a purchase with Dell Marketing LP and the use of encumbered Department of Justice (DOJ) COPS Grant (15JCOPS-24-GG-02084-TECP) funds to purchase IT infrastructure, software, and equipment for a total cost of $107,562.29.

Recommendation:

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

1. Approve the purchase of Dell computers, monitors, and accessories as specified in Dell Quote No. 3000189678377.2 for the Public Safety Building; and

2. Approve a 5% contingency in the amount of $5,378.11 to cover any unforeseen costs related to the procurement, for a total not -to -exceed amount of $112,940.40; and

3. Authorize the City Administrator and/or her designee to execute all necessary documents, subject to City Attorney approval.

Strategic Plan Statement:

This item is consistent with the City Council approved Strategic Plan Goal 2: to Ensure That Public Safety Continues to Be a High Priority, Strategic Plan Goal 5, to Implement Public Infrastructure to Meet Community Needs, and Objective 5.4, Construct the Placentia Public Safety Center.

Discussion:

Dell Marketing LP is our current computer hardware provider and offers competitive pricing under the NASPO ValuePoint Cooperative Purchasing Program (Contract #0000001115143) in compliance with Placentia Municipal Code Section 3.08.070(3), which allows for the use of established cooperative purchasing programs.

The quote includes a range of equipment including PC's, monitors, privacy filters, and necessary accessories. This equipment will ensure all workspaces in the Public Safety 230

Building and 911 Dispatch Center are functional, secure, and equipped to support high- performance workloads and specialized public safety software.

Fiscal Impact Summary:

Funding for this purchase has been encumbered through DOJ COPS Grant funds. There will be no impact to the City's General Fund. The total cost for equipment, warranty, and support services is $107,562.29, inclusive of applicable sales tax.

These funds are budgeted in the Fiscal Year (FY) 2024-2025 Public Safety Building IT budget (105213-6840) using encumbered DOJ COPS Grant (15JCOPS-24-GG-02084-TECP) funds awarded on 10/17/2024.
231

Agenda Item No: 1.j

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: June 3, 2025
Submitted by: Joe Lambert
From: Development Services
Subject:

Amendment No. 1 to Professional Services Agreement with Placeworks, Inc. to Complete the Chapman Corridor Plan
Financial Impact:

Fiscal Impact:

Cost of June 2024 Agreement:

Amount Paid to Consultant to Date:

Amount Remaining on June 2024 Agreement:

Cost of June 2024 Agreement:

Staff Recommended Additional Contingency:

Total Cost Including Amendment No. 1.:

General Plan Update Fee Funds (749104-6017)
$124,661
$ -81,549
$ 43.112
$124,661
S+20,000
$144,661
$144,661
Summary:

On June 4, 2024, the City Council approved a Professional Services Agreement (PSA) with Placeworks, Inc. (Placeworks) to complete the Chapman Corridor Plan. This was subsequent to the adoption of the 2019 comprehensive General Plan Update. The Land Use Element of the 2019 General Plan strongly encourages enhancements and improvements to the visual image, physical design characteristics, economic vitality, and infrastructure of the Chapman corridor. Although Placeworks is currently within the scope of the original budget appropriated for this project, the original PSA will soon expire. Therefore, Staff recommends approval of Amendment No. 1 to the subject PSA to complete the Chapman Corridor Plan document and supporting environmental documentation furthering the goals of the General Plan. The recommended actions would approve a Professional Services Agreement with Placeworks, Inc. in the not -to -exceed amount of $144,661.

Recommendation:

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

1. Approve Amendment No. 1 to the Professional Services Agreement with Placeworks, Inc. to provide professional services related to the Chapman Corridor Planning and supporting environmental documentation for an amount not to exceed $144,661; and

2. Authorize the City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.
232

Strategic Plan Statement:

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

Promote Community and Economic Development, as Objective Number 3.5 is to "Initiate the Chapman Corridor Specific Plan" and Objective Number 3.6 is to "Create design review guidelines and procedures". This agenda item will specifically finish the creation of the Chapman Corridor Specific Plan (or equal Zoning document) and will also create design review guidelines specific to the Chapman Corridor.

Discussion:

Background:

The General Plan is the City's land use constitution, a legal policy document that is mandated to exist by the State of California. The General Plan is intended to reflect the community's values and set policies to guide in the development, maintenance, and use of the City's built environment. The Land Use Element is one of several mandatory General Plan Elements required by the State. On October 1, 2019, City Council adopted the comprehensive General Plan Update, which included an updated Land Use Element. The Land Use Element of the 2019 General Plan strongly encourages enhancements and improvements to the visual image, physical design characteristics, economic vitality and infrastructure of the Chapman Corridor and other major corridors as indicated in the subsequent paragraphs.

Goal LU-1 states: Provide a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, industrial, and open space/recreation uses, while providing adequate community services to City residents. Policy LU-1.10 further states: Create specific zoning or plans for major corridors within the City. This would include the Chapman Avenue corridor and the Placentia Avenue corridor, among other major thoroughfares.

Goal LU-3 states: Revitalize underutilized, abandoned, or dilapidated commercial, industrial, and residential uses and properties. Policy LU-3.1 furthers this goal by stating: Encourage opportunities for redevelopment and improvements in the Old Town area, the TOD district, industrial areas, neighborhoods in the southern sector of the City, and commercial centers along major roadway corridors.

Goal LU-5 states: Improve urban design in Placentia to ensure that development is both architecturally attractive and functionally compatible and to create identifiable neighborhoods, and community areas. Policy LU-5.5 furthers this goal by stating: Adopt and Implement design guidelines, specific zoning, plans, and streetscape design along the Chapman Avenue Corridor, Kraemer Boulevard and Placentia Avenue Corridor to improve the overall appearance of new or redeveloped buildings, landscaped areas, streets, and parking areas.

Goal LU-6 states: Enhance and improve the visual image, economic vitality and infrastructure of the Old Town area, TOD, and surrounding areas, like the future Chapman corridor. Policy LU-6.6 furthers this goal by stating: Focus planning and economic development efforts to spur development and infrastructure improvement on major transportation corridors, such as the future Chapman Avenue corridor.

Goal LU-10 states: Create enhanced connectivity with California State University Fullerton (CSUF) campus community. Policy LU-10.2 furthers this goal by stating: In creating the aforementioned corridor plans, the City shall take into consideration the nearby Cal State University Fullerton campus community and capitalize on its proximity. 233

Discussion:

The City Council previously approved a PSA with Placeworks on June 4, 2024 to complete the Chapman Corridor Plan, however, the original PSA will soon expire. Therefore, Staff recommends approval of Amendment No. 1 to the subject PSA to complete the Chapman Corridor Plan document and supporting environmental documentation furthering the goals of the General Plan. The recommended actions would approve a Professional Services Agreement with Placeworks, Inc. in the not -to -exceed amount of $144,661.

Regarding the original PSA first approved in October 2022, the Development Services Department conducted a Request for Proposals (RFP), circulated between June 30 and August 1, 2022. Three professional firms responded: Torti-Gallas + Partners, ESA, and Placeworks. A staff project team made up of Development Services, Public Works, and Administration Department Staff reviewed the RFPs, and independently and unanimously ranked Placeworks first based upon qualifications and related experience. Placeworks total cost was the least of the three firms mentioned.

The total amount of the June 2024 PSA ($124,661) represented $104,661 unspent monies based on the original expired October 2022 PSA, plus $20,000 contingency. The recommended actions approve Amendment No. 1 to the June 2024 Professional Services Agreement with Placeworks, Inc. in the not -to -exceed amount of $144,661. There is no increase in the original cost between the 2022 original PSA, the June 2024 PSA and Amendment No. 1 to the June 2024 PSA with the exception of the previously approved and additional $20,000 contingency.

Fiscal Impact Summary:

The Chapman Corridor planning project has been budgeted in the FY 2024-25 CIP and will be carried over to FY 2025-26. To complete the task, an additional $20,000 contingency plus $43,112 of previously allocated unspent funds is proposed to be budgeted for the Chapman Corridor moving forward. $63,112 is already budgeted for the Placeworks PSA Amendment No. 1. It should be noted that General Plan Update Fee Funds would be utilized for this project which are restricted to General Plan related studies and plans which does not affect operational funds. In addition, the City was granted $150,000 in LEAP Grant funding on a reimbursable basis. City Staff has successfully recovered and received these LEAP funds and they have been budgeted as additional revenue to the City as General Plan Update Fee Funds.

Attachments

1.a.Placeworks, Inc. - Completion of Chapman Corridor Plan.pdf

1.Amendment 1 - Placeworks PSA.docx
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CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT

WITH PLACEWORKS, INC
THIS AGREEMENT is made and entered into this 21st day of May, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and PLACEWORKS, INC., a California S -Corporation ("Consultant").

WITNESSETH:

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the

matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant 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 theft duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed one hundred twenty four thousand six hundred sixty one Dollars ($124,661), which represents a scope of work cost of one hundred four thousand six hundred sixty one dollars ($104,661) + twenty thousand dollars ($20,000) contingency, 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. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule 3 Rev. 01/2024

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 12 months, ending on June 4, 2025 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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

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

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
4 Rev. 01/2024

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 Rev. 01/2024

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

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

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

IF TO CONSULTANT:

PLACEWORKS, INC.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Karen Gulley,
Vice President and Managing Principal, Design
Tel: (714) 966-9220 ex.2347
6 IF TO CITY:

City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Rev. 01/2024

E -Mail: [email protected]
Attn: Joe Lambert
(714) 993-8124
[email protected]

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 and City shall indemnify each other and their officials, officers, and employees from any losses incurred as a result of negligent acts or omissions, or willful misconduct of the indemnifying party, its officials, officers, employees, or subcontractors in connection with the performance of the scope of work of this Agreement.

The parties acknowledge that neither party has an up -front obligation to provide a legal defense to the other party in connection with this indemnification obligation. In the event that either party incurs a loss resulting from the indemnifying party's negligent action or omission, or willful misconduct, the indemnifying party shall reimburse the indemnified party for its reasonable defense costs proportionate to the finally determined percentage of liability based upon the comparative fault of the indemnifying party. Consultant's liability shall be limited to the amounts available under Consultant's professional liability insurance policy.

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

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the 7 Rev. 01/2024

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.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that 8 Ir: nc.i
Rev. 01/2024

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 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:
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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 Agreement.
10 V, I i '
Rev. 01/2024

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

CITY OF PLACENTIA,
A municipal corporation
Mayor
ATTEST:

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

Signature
Name and Title /
95-2975827
Social Security or Taxpayer ID Number
APPROVED AS TQFORM:..

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

Risk Manager
APPROVED AS TO CONTENT:
11 Date:
6/10/2024
Date:

Date:

Date: 01/0 .3,/ c9.O
[Placeworks. Inc.]
Rev. 01/2024

Joe Lambert, Pr• t Man
DEPARTMENTAL APPROVAL:

Date:

Joe Lam l Doctor of Development Services
12 &Wf,*
&//f
[Placeworks, Inc.]
Rev. 01/2024

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
13 [Placeworks. Inc,]
Rev. 01/2024

City of Placentia
Chapman Corridor and Design Guidelines
PROPOSAL FOR SERVICES I AUGUST 1, 2022

ORIGINAL

RECEIVED
AUG n1 2022

PLANNING
88 PLACEWORKS
City of Placentia
Chapman Corridor and Design Guidelines
PROPOSAL FOR SERVICES I AUGUST 1, 2022
SUBMITTED TO:

CITY OF PLACENTIA
Joseph Lambert
Director of Development Services
401 East Chapman Avenue
Placentia, CA 92870
714.993.8124 I [email protected]
SUBMITTED BY:

PLACEWORKS
Karen Gulley, Managing Principal, Design
3 MacArthur Place, Suite 1100
Santa Ana CA 92707
714.966.9220 [email protected]
PLACEWORKS.COM

T
G
N

Transmittal Letter
August 1, 2022
Joseph Lambert, Development Services Director

CITY OF PLACENTIA
401 East Chapman Avenue
Placentia, California 92870
Subject: Chapman Corridor and Design Guidelines
Dear Mr. Lambert:

PLACEWORKS
PlaceWorks appreciates the opportunity to provide this proposal for the Chapman Corridor Regulatory Requirements and Design Guidelines project. This project will build on the City's Old Town and Packing House Districts, better connecting those areas while incentivizing new development along this important gateway. To support the City with this effort we have brought together our core team from the Beach Boulevard Specific Plan (BBSP), a successful revitalization corridor plan for a 1.5 mile stretch of Highway 39 in the City of Anaheim.

Our firm has authored numerous specific plans and other zoning updates for corridor revitalization throughout California, we are a leader in corridor planning. Our innovative approaches to documenting existing conditions; conducting community outreach; and developing tools, standards, and design guidelines will be an asset to this project. Our team creates engaging and meaningful processes to gather input and ideas. Each corridor and community are unique —we create tailored land use designations and easy to use, graphically rich design guidelines, and build trust with the communities we work with.

As the prime consultant, PlaceWorks will manage the project and furnish technical expertise in a variety of planning disciplines (policy review, land use planning, urban design, and community engagement). I will lead our team as the principal -in -charge and Suzanne Schwab will be the project manager. In addition to the BBSP, we have worked on over three dozen projects each with both Fehr & Peers and Fuscoe. Fehr & Peers will lead the mobility planning and transportation analysis. The team recently assisted Placentia with SB 743 implementation and authored the City's transportation impact study guidelines. As a team, we will collaborate to create public realm improvements for the Chapman Corridor.

Preparation of CEQA review has been proposed as an optional task. PlaceWorks can lead this work through preparation of an addendum to the 2019 General Plan EIR. Fuscoe would assist with this optional task, preparing drainage, water, and sewer studies necessary for the addendum. If a specific plan is the selected regulatory document for this effort, Fuscoe would also assist with technical input.

This proposal shall remain valid for 180 days from the date of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks. My complete contact information is:

Karen Gulley, Managing Principal, Design PlaceWorks 13 MacArthur Place Suite 1100, Santa Ana CA 92707 1714.966.9220 x2347, 714.966.9221 (fax) I [email protected].

We look forward to your response.

Respectfully submitted.

PLACEWORKS
Karen Gulley
Managing Principal, Design
700 S. Flower Street, Suite 600 I Los Angeles, California 90017 213.623.1443 1 PlaceWorks.com

M
I4
N

Table of Contents
TRANSMITTAL LETTER 1
TABLE OF CONTENTS 3
QUALIFICATIONS, EXPERIENCE, REFERENCES 7
PlaceWorks 7
Experience with References 11
Subconsultants 16
Disclosures 18
STAFFING 21
Team Organization 21
Key Personnel 22
WORK PLAN / TECHNICAL APPROACH 29
Project Understanding 29
Placeworks' Approach 29
Scope of Work 30
Project Schedule 40
COST AND PRICE 43
APPENDIX A-1
Resumes A-1
Relevant Project Details A-20
PROPOSAL FOR SERVICES I PLACEWORKS 3

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4 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

QUALIFICATIONS, RELATED

EXPERIENCE, AND REFERENCES

Qualifications, Experience, References

PLACEWORKS
Since its founding in 1975, PlaceWorks, Inc. has provided comprehensive land use/ policy planning and land design services to both public- and private -sector clients.

Since 1980, we have provided environmental compliance services.

As our name suggests, PlaceWorks is about places and how they work — geographically, environmentally, functionally, aesthetically and culturally —but we are also passionate about how we work collaboratively with our clients. Ours is a holistic approach. We celebrate personal passion and ownership while encouraging integrity, creativity, and innovative thinking. We bring people together from diverse practice areas, offering the best -of -all -worlds capability and connectivity. Just as each place we work with is distinctly different, so is our thinking.

Our broad experience and technical proficiency have given us a keen understanding of the complexities of both public policies and project designs for sustainable development (economically, environmentally, and equitably). In addition to providing the requisite technical support for wide-ranging tasks, we often serve as a sounding board for clients to explore design and economic strategies and their environmental and regulatory implications.

PlaceWorks' approach to all projects focuses on collaboration. Our policy planners and designers continually confer with our CEQA practitioners and technical specialists to create responsive and site -sensitive plans that satisfy regulatory demands. Whether preparing a specific plan or master plan, conducting public outreach, or conducting a corridor study, we serve as integral partners in a host of planning processes.

SERVICES
Community Planning
• Community Outreach/Engagement
• Comprehensive Planning, including
General Plans, Area Plans, Specific Plans,
Precise Plans, Strategic Plans
• Corridor Planning and Design
• T0D Planning
• Active Transportation Planning
• Infill Planning and Design
• Zoning and Form -Based Code
■ Housing Research and Analysis
• Healthy Communities and Environmental
Justice Planning
• Climate Action and Resiliency Planning
• Transfer of Development Rights
• Geographic Information Systems
• Creative Media
Economics
■ Economic and Market Analysis
• Economic Development Planning
• Missing Middle Housing Analysis
■ Site Selection and Development
▪ Feasibility Studies
• Transfer of Development Rights
Design
■ Downtown Design and Planning
• Design Standards/Guidelines
• Transit -Oriented Design
• T0D and Corridor Design
• Urban Infill Conceptual Design
• ADU Planning and Design
• Strategic Plans
• Conceptual Site Design & Planning
• Master Planning and Strategic Planning
■ Large -Scale Planning and Design
landscape Architecture
• Streetscape Design
• Park, Trails, and Open Space Planning
• Urban Agriculture and Urban Forestry
• Storm Water Management Planning
• Evidence -Based Design
Environmental Services
• CE0A/NEPA Documentation
• Environmental Third -Party Peer Review
• Technical Studies: AQ/GHG, Noise, Hydrology/
Water Quality, Geohazards, Health Risk, Visual
Impact Analyses
• Environmental Site Assessment

PLACEWORKS
Point of Contact
Karen Gulley, Vice President and
Managing Principal, Design

PLACEWORKS
3 MacArthur Place, Suite 1100
Santa Ana CA 92707
714.966.9220 x2347
[email protected]
Company Ownership
Company Type: California S -Corporation
Incorporated: September 5, 1975
Office Locations
• Santa Ana (Corporate Headquarters and
lead office for this project)
• Los Angeles
• Ontario
• San Luis Obispo
• Berkeley
• Sacramento
Total Employees
Current Number of: 137
Past 7 years: 120 to 130
Hours of Operation
Monday —Friday, 8:00 am -5:00 pm
PROPOSAL FOR SERVICES I PLACEWORKS 7

QUALIFICATIONS
Local Project Experience. See below for a partial listing of projects with the Northern Service Plan Area of Orange County. The client for each listed project was the city of location, except where otherwise noted. Projects denoted with (*) were led by or featured Karen Gulley as key staff.

Placentia
• TOD, Corridor Planning, and Placemaking for the Cities of Placentia, Fullerton, Brea, and La Habra* (Clients were SCAG and OCTA) 2009
• Centerpointe at Placentia (Packing House District TOD) Initial Study/Mitigated Negative Declaration
Fullerton
• Fullerton Downtown Core and Corridors*
• The Edge —Economic Analysis for redevelopment of the former Beckman Coulter facility at Harbor Boulevard and Lambert Road
• Fullerton College Connector Streetcar Feasibility Study* (Clients were SCAG and City) • Fullerton Smart Growth 2030 (Clients were SCAG and City) • Fullerton Hub Mixed Use Project EIR
Anaheim
• Beach Boulevard Corridor Specific Plan and EIR*
• Anaheim Canyon Specific Plan and EIR*
• Anaheim General Plan Update, Zoning Code Update,* and EIR Yorba Linda
• Savi Ranch Land Use and Mobility Visioning*
• Savi Ranch Land Use and Mobility Plan*
• Savi Ranch Zone Change Initiative Project*
• Yorba Linda General Plan Goals & Policies Evaluation
Stanton
• Stanton Plaza Specific Plan and EIR*
• Stanton Housing Element Update and Associated CEQA
• Stanton Mapping Updates
Brea
• Central City Core and General Plan Market Analysis*
■ Brea Connecting the Core Active Transportation Plan*
Los Alamitos
• Los Alamitos Commercial Corridors Plan* (Clients were SCAG and the City) • Los Alamitos Town Center Strategic Plan and Urban Design • Los Alamitos General Plan and EIR
Buena Park
• Beach Boulevard Entertainment Distict Concepts
• Buena Park Entertainment District EIR
La Palma
• La Palma General Plan and EIR*
Orange
• City of Orange TDR Feasibility Study
8 CITY OF PLACENTIA I CHAPtvtAN CORRIDOR AND DESIGN GUIDELINES

Economic, Market, and Fiscal Analysis. PlaceWorks grounds its economic development work in a thorough analysis and understanding of the economic and market forces underlying each project that we undertake. Too often in California, the term "economic development" is used to refer to real estate development.

Our practice targets economic and employment growth that drive the demand for all types of real estate development. Without growth in jobs and income, there is little need for real estate development. Led by PlaceWorks' Chief Economist, Steve Gunnells, we prepared the Development Impact Fee Study for Long Beach's Midtown Specific Plan and the Dana Point Market & Fiscal Analysis (in progress).

Award -Winning Public Engagement. The PlaceWorks team is invested not only in producing plans that are adoptable and implementable, but in developing an open, engaging, and interactive process that truly incorporates feedback from the public.

PlaceWorks' work is founded on the principle that the success of a project lies with the ownership and involvement of community members. We integrate technical expertise with a community -based approach, developing a thorough understanding of the issues and challenges that are relevant to each community.

Anaheim's Beach Boulevard Specific guides future development along a 1.5 -mile stretch of Beach Boulevard between the cities of Buena Park and Stanton.

Transit -Oriented Design & Planning and Connectivity Plans. PlaceWorks is a leader in transit -oriented planning, with more than 60 plans for station areas and corridors involving commuter rail, light rail, streetcar, BRT, and local bus service.

Our TOD work in the Central Valley includes: Southwest Fresno TOD Specific Plan, Gilroy High Speed Rail Station Area Plan Update, Atascadero's EI Camino Real Corridor Plan, and the City of Clovis' Shaw Avenue Corridor Plan.

Specific Plans. PlaceWorks is at the forefront of the specific planning practice and have completed more than 300 specific plans for small, medium, and large cities throughout California, including plans tailored around existing and future station areas, downtowns, and along transit corridors. We focus on laying the groundwork for slow, steady change in the urban fabric and on integrating public realm improvements that foster quality places and encourage alternative travel modes.

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PROPOSAL FOR SERVICES I PLACEWORKS 9

EXPERIENCE WITH REFERENCES
Detailed descriptions of five recent most relevant projects are provided on the following pages. Additional details about these and other relevant projects can be found in the Appendix..

BEACH BOULEVARD CORRIDOR SPECIFIC PLAN AND EIR
The Henr t of West Anaheim
We have reassembled our team from the Beach Boulevard Specific Plan (BBSP).

This corridor plan pioneered new mixed -use zoning designations and corridor housing types along a 1.5 -mile segment of Beach Boulevard in Anaheim. The BBSP area is beginning to come alive, replacing problem motels and underutilized sites with new developments —such as 39 Commons, a new retail center, and Nolin, a new townhome community. Fehr and Peers as well as Fuscoe partnered with us to create streetscape and infrastructure plans for the area to support intensification of development, increase safety, and create a sense of place for this community.

Our robust outreach effort was tailored to the demographics of the area. With large household size and roughly 30 percent of household members under the age of 20, we developed a roadshow and partnered with the area high school's government and economics classes to discuss their ideas for the future of their community. Using an online platform, we asked the students to continue to engage with us and to encourage their families to participate as well. We received 365 responses. We provided additional opportunities to learn about the project and provide input through our community advisory committee, developer roundtable, and pop-up booths at existing community events. Ultimately, the input we received helped to shape the plan, and the approval process with the city was supported by the community.

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Client Contact
Susan Kim, AICP
Former Principal Planner at City of
Anaheim. Now:

Director of Community and Economic
Development

CITY OF LA HABRA
110 E. La Habra Blvd.

La Habra CA 90631
562.383.4100
[email protected]
Dates of Services
August 2015 —November 2018
Key Personnel/Subconsultants
• Karen Gulley
• Suzanne Schwab
• Fehr & Peers
• Fuscoe Engineering
Contract Value
$775,920

WORK EXAMPLE
PROPOSAL FOR SERVICES I PLACEWORKS I 1

Client Contact
Kelly Gleason
Senior Planner

CITY OF ATASCADERO
6500 Palma Avenue
Atascadero 93422
805.470.3448
[email protected]
Dates of Services
2018 -2020
Key Personnel/Subconsultants
• Karen Gulley
Contract Value
$174,904
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THE EL CAMINO PLAN
Creating a Regional Identity
The EI Camino Real is the gateway to Atascadero's downtown. The look, feel, and content of this five -mile corridor has a significant bearing on the city's regional identity, local character, and economic health. Although it has great potential to be a vibrant downtown for shopping, dining, and small businesses, it has been slow to recover from the Great Recession. With high vacancies and nondescript buildings, it currently struggles to compete with nearby Paso Robles and other commercial areas.

PlaceWorks developed the EI Camino Plan, whose goal is to identify future land uses and guide urban design concepts with circulation improvements. This project will set a new course for EI Camino Real with a combination of strategic public realm investments and incentives for new development. We have provided the city with a custom strategy and set of tools to transform this automobile -oriented, regional corridor into a multimodal economic hub.

Elements of the corridor plan include the formation of new districts; modernization of zoning regulations; dynamic site design concepts for key areas; contemporary architectural style guidelines that also honor local history; streetscape design; and bicycle and pedestrian improvements to address safety concerns. The plan also includes strategies for business attraction, retention, and investment. '2 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

MIDTOWN LONG BEACH SPECIFIC PLAN AND EIR
Improving Life on the Boulevard
Long Beach Boulevard suffered from a lack of development interests and mobility problems along the corridor and in the surrounding community. Despite years of transit investments and the adoption of a planned development district (PD 29) for mixed -use and high -density development, the corridor continued to falter. The city selected a team, including PlaceWorks, to create the Midtown Specific Plan to stimulate private and public improvements and development in an area without the benefit of redevelopment powers.

The specific plan establishes an equitable balance between mobility modes —car, light rail, bus, bike, and pedestrian —and uses a hybrid form -based zoning approach, incentive programs, park -once -and -walk strategies, and urban/streetscape design to achieve city and community goals for this key corridor. It divides the boulevard into four districts: transit nodes, corridors, medical district, and open space.

Density and major mobility improvements are planned for the transit node districts surrounding each of the three Metro Blue Line stations. The plan implements many of the goals, policies, and strategies in the city's general plan mobility element.

Most notably, the open space district of the specific plan proposes 11 new parklets, which cap side streets to create mini parks and provide much needed active and passive open space in the area. Succinct land use districts, clear development standards and design guidelines, and a practical implementation program make this plan a valuable tool for future revitalization of Midtown.

The program -level EIR addressed various environmental and technical issues and challenges. For example, a detailed historic resources technical report analyzed potential impacts of demolishing existing buildings, many of which are more than 50 years old. The EIR also addressed and resolve key issues related to construction impacts on air quality and noise emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, transportation and traffic, and utilities and service systems. The city council unanimously and enthusiastically certified the EIR and adopted the specific plan in May 2016.

PARKS AND PARKLETS
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Client Contact
Christopher Koontz
Advance Planning Officer

CITY OF LONG BEACH
333 W. Ocean Boulevard
Long Beach, CA 90802
562.570.5972
christopher. [email protected]
Dates of Services
July 2011 —May 2016
Key Personnel/Subconsultants
• Suzanne Schwab
• Kim Herkewitz
• Fehr & Peers
• Fuscoe
Contract Value
$300,000
PROPOSAL FOR SERVICES I PLACEWORKS 13

Client Contact
Christopher Koontz
Advance Planning Officer

CITY OF LONG BEACH
333 W. Ocean Boulevard
Long Beach, CA 90802
562.570.5972
[email protected]
Dates of Services
July 2011 —May 2016
Key Personnel/Subconsultants
• Karen Gulley
• Suzanne Schwab
• Fehr & Peers
$300,000
Contract Value
TUSTIN
LEGACY

TUSTIN LEGACY SPECIFIC PLAN
Re -visioning Infill Development Opportunities
Former Marine Corps Air Station (MCAS) Tustin, an area now known as Tustin Legacy, is one of the largest infill development opportunity sites in Orange County.

PiaceWorks (formerly The Planning Center) completed the original MCAS Tustin Specific Plan in 1999, and in 2013, the City of Tustin decided to take a fresh look at the remaining undeveloped parcels in this area. The re -visioning process focused on a linear park and entertainment uses connecting two of the nation's largest wooden structures -5 -acre blimp hangars —to a nearby Metrolink Station and surrounding and future development.

The amended Specific Plan provides quality development standards and guidelines that protect investment yet are flexible for changing market conditions. The amended plan focuses on new zoning for key planning areas that total 870 acres of vacant/underutilized land. A new urban design guidelines section provides guidance for the layout of blocks, site design, architectural character, outdoor spaces, landscaping, and views. Drawingft-ben-existingarchitectural elements and building torrn, the plan incorporates a hybrid development code, using form -based elements to prescribe a desired result.

PlaceWorks also completed the supplemental environmental impact report (SEIR) for the specific plan aniendrnent. The original specific plan and 2001 [LEIS/EIR established a nonresidential land use trip budget to manage the forecast vehicular trips. This budget was carefully maintained in the SEiR by reallocating trips between planning areas as needed to ensure -the -specific plan amendment would not impact the overall trip budget.
.

I4 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

IRWINDALE ACTIVE TRANSPORTATION PLAN AND DESIGN

GUIDELINES
Creative Strategies for an Industrial City
In December 2020, PlaceWorks completed the development of the Irwindale Active Transportation Plan and Design Guidelines. This plan was carefully tailored to a unique community with unconventional development patterns influenced by the area's industrial history. The new Metro Gold Line light rail transit station in Irwindale provided a rich opportunity to develop safe and efficient first/last mile connections for people bicycling and walking. The plan will guide the city in developing a cohesive pedestrian and bicycle network that supports transit use and active transportation by providing safe, comfortable, and convenient routes to nearby employment centers, recreational resources, and neighborhoods.

Additionally, the plan will integrate new multiuse paths through the city and provide connections to the regional bikeway network, including access to Irwindale's amenities such as the San Gabriel River Trail.

Bicycle and pedestrian network recommendations, policies, and facility design guidelines considered Irwindale's substantial connectivity barriers, including active and inactive quarries (up to 200 acres), freeways, and a poorly connected roadway network. Ultimately, a "complete streets" approach was used for enhanced walking and bicycling amenities along key corridors. In addition, PlaceWorks developed a unique public outreach program focusing on the employment population, key stakeholders, and the small residential population.

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Client Contact
Marilyn Simpson, Principal Planner
City of Irwindale
16102 Arrow Highway
Second Floor
Irwindale, CA 91706
626.430.2209
[email protected]
Dates of Services
March 2018 —December 2020
Key Personnel/Subconsultants
• Karen Gulley
• Kim Herkewitz
Contract Value
$168,475
City of Irwindale

ACTIVE TRANSPORTATION PLAN

AND DESIGN GUIDELINES
PROPOSAL FOR SERVICES I PLACEWORKS I5

SUBCONSULTANTS
FEHR�PEERS
Point of Contact
Paul Hermann PE
Senior Associate

FEHR & PEERS
101 Pacifica, Suite 300
Irvine CA 92618
949.308.6318
[email protected]
https://www.fehrandpeers.com
Company Ownership
Company Type: California S -Corporation
Incorporated: 1985
Office Locations
• Orange County (Work for this project
will be performed from this office)
• Boise
• Boulder
• Dallas
• Denver
• Long Beach
• Los Angeles
• Oakland
• Orlando
• Petaluma
• Portland
• Riverside
• Roseville
• Sacramento
• Salt Lake City
• San Diego
• San Francisco
• San lose
• Seattle
• Stockton
• Tacoma
■ Walnut Creek
• Washington DC
• Walnut Creek
(Corporate)
Total Employees
Current Number of: 300
Hours of Operation
Monday —Friday, 8:Q0 am -5:00 pm
FEHR & PEERS (Traffic/Parking)
Fehr & Peers is an S -Corporation based in California, with approximately 300 employees in 20 offices across the Country. The work for the City of Placentia Beach will be performed from its Orange County Office. Fehr & Peers has specialized in providing transportation planning and engineering services to public and private sector clients since 1985. It develops creative, cost-effective, and results -oriented solutions to planning and design problems associated with all modes of transportation. It offers clients the right combination of leading -edge technical skills and extensive knowledge of the communities in which it works to deliver comprehensive solutions and superior client service. Its staff are nationally - recognized experts who routinely publish original research, serve on national committees, and teach courses to others in the industry. They do this while maintaining a commitment to translating those techniques into practical solutions.

Fehr & Peers takes a creative, data -driven approach to each of its practice areas:
• CEQA & Transportation Impact Analysis
• Travel behavior & forecasting
• Multimodai operations & simulation
• Transit planning
• Bicycle & pedestrian planning
• Sustainable transportation
• Freight systems & airports
• Integrated land use & transportation plans
• Conceptual street & trail design
• Transportation engineering & ITS design
Clients hire Fehr & Peers because of its commitment to being the best at what it does. Is lives out this commitment in three distinct ways. First, it invests heavily in its culture to ensure that it is attracting and retaining the best and brightest staff in the industry. Second, it has a robust, internally -funded research and development program that enables it to develop new analytical methods and advance the state of the practice. And third, it surveys every client at the completion of every project to assess their satisfaction and to identify areas for improvement. Fehr & Peers is very proud of the impact this commitment has had on the communities it has been fortunate to serve
Recent relevant projects include:
• North Orange County Collaborative SB 743 Implementation • CollegeTown Specific Plan & EIR
Details about these projects can be found in the Appendix. 16 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

FUSCOE ENGINEERING
Fuscoe Engineering, Inc. (Fuscoe) is a California ESOP (Employee Stock Ownership Plan) Corporation with 190 employees in 4 offices: Irvine, San Diego, Los Angeles, and Ontario. Founded in 1992, Fuscoe provides civil engineering for land development, public infrastructure and General & Specific Plan EIRs, using an eco-adaptive® approach. Specialty practices include survey & mapping services; water quality assurance; sustainable engineering; and geospatial technology. It has delivered a broad range of services for numerous General Plan & Specific Plan EIRs for Southern California agencies. Project assignments have included these services:
• Identifying opportunities and feasibility of proposed land uses and revitalization projects in urban,suburban and rural settings
• Evaluating zoning and land use changes
• Identifying measures to reduce potential impacts of proposed developments for construction and post -construction conditions
• Providing infrastructure analysis, identifying infrastructure system deficiencies and offering recommendations
• Preparing hydrology, flood control, sewer and water quality technical studies related to proposed land use changes
• Prepare Water Supply Assessments and coordinate findings with local and regional wholesale water providers. Evaluate implications of mandatory RHNA housing units on local and regional water supply providers and assess impacts on local and regional wastewater treatment providers
• Drainage, sewer and water master planning
• Crafting innovative designs for preserving and stabilizing water courses while enabling mixed-use,TOD and infrastructure uses
• Developing storm water runoff management, grading and infrastructure plans • Devising low impact development (LID) strategies for land and water quality protection
• Providing impact assessments for CEQA compliance
Recent relevant projects include:
• City of Anaheim NPDES Stormwater Programs
• City of Brea NPDES Stormwater Program
• City of Yorba Linda LIP & NPDES Stormwater Program
• City of Yorba Linda GIS Web -Based System
• Anaheim Canyon Specific Urban Greening Plan
• Beach Boulevard Specific Plan
Details about these projects can be found in the Appendix.

FUSCOE
Point of Contact
Ian Adam CPSWQ, QSD
Principal / Stormwater

FUSCOE ENGINEERING
16795 Von Karman, Suite 100
Irvine CA 92606
[email protected]
https://www.fuscoe.com
Company Ownership
Company Type: California Employee
Stock Ownership Plan
Incorporated: 1992
Office Locations
• Orange County (Work for this project
will be performed primarily from this office)
• Los Angeles
• Ontario
• San Diego
Total Employees
Current Number of: 190
Hours of Operation
Monday —Friday, 8:00 am -5:00 pm
PROPOSAL FOR SERVICES I PLACEWORKS 17

DISCLOSURES
Placeworks has never filed for bankruptcy, has no planned office closures or mergers, nor any conflicts of interest that may affect our ability to perform the required duties.

PlaceWorks has never been debarred, suspended, nor otherwise declared ineligible to contract with any federal, state, or local public agency.

LITIGATION
PlaceWorks has one claim in the past seven years, which will have no effect on our performance or completion of this program:

The claim has to do with a a defect case involving the Embarcadero Bridge over the Lake Merritt Channel in the City of Oakland. General Contractor, Flatiron West Inc., filed the initial complaint on October 29, 2019 against the City of Oakland for breach of contract. The City of Oakland cross -complained against TY Lin International Group and AECOM on July 21, 2020. TY Lin/AECOM subsequently filed a cross -complaint against DC&E/PlaceWorks on March 5, 2021. Our pre -construction planning role on the project ended around 2007.

The claims against DC&E/PlaceWorks include breach of contract, indemnity, and declaratory relief. The claim against us is currently pending.

TERMINATED CONTRACTS
City of Irvine, Contract No. 10901, Project No. COI -45.1: Irvine General Plan Update and EIR I Terminated 12/08/2021 Without Cause. This contract was terminated by the City for convenience, and with full agreement by PlaceWorks.

All outstanding invoices were paid, and the City stated in its letter of December 8, 2021, "We want to thank your team for the service provided on the General Plan Update. We appreciate your efforts and longstanding partnership with the City." Contact(s): Kerwin Lau, Manager of Planning Services, City of Irvine 1 Civic Center Plaza, Irvine, CA 92606, 949.724.7421
City of Pasadena. Contract No. PRA -08: Pasadena General Plan Implementation Terminated 09/04/2019 Without Cause. The Pasadena agreement was terminated by the City and with agreement by PlaceWorks, due to a change the direction the City wanted to take. All invoices were paid in a timely manner following the termination, and as stated in its letter to PlaceWorks, the contract was terminated "pursuant to provision 9.17 —Termination for Convenience (Without Cause)."
Contact(s): David Reyes, Planning Director, City of Pasadena, 100 N. Garfield Avenue, Pasadena, CA 91101, 626.744.4650
18 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

C)
CD

STAFFING

Staffing
Intro text

TEAM ORGANIZATION

CITY OF PLACENTIA

PLACEWORKS
ti

KAREN GULLEY
• - Managing Principal, Design
jPrincipal-in-Charge

SUZANNE SCHWAB, AICP
Senior Associate
Project Manager

PLANNING, URBAN DESIGN, OUTREACH
lri
CHAD SO I Associate
Outreach/Plan Support
rKIM HERKEWITZ l GIS Manager, Southern California
GIS Lead
iiiERIN GUY I Associate
GIS & Graphics
CEQA
MARK TEAGUE, AICP I Managing Principal, Environmental
..� CEQA Principal
DJASMINE OSMAN I Associate
CEQA Project Manager

SUBCONSULTANTS
Fehr & Peers
Tronsportanon & Parkrnq
JASON PACK, PE I Principal
Troruporm170n Principal
PAUL HERRMANN, PE I Senior Associate
Transportation Project Manager
Fuscoe Engineering
Civll/inrrastr ut tur-
IAN ADAM, cPSwQ, 4sD/P I Principal, Stormwater Manager
Principal/Srornnr✓ater Manager
STEPHANIE CASTLE-ZINN, CPMSM I Sr. Water Resources Specialist Project Manager, Water Resources
WHITNEY STEPHENS, EIT I Stormwater Engineer
5!ormwater Engineer
PROPOSAL FOR SERVICES I PLACEWORKS 21

KEY PERSONNEL
Brief bios describing staff qualifications. We have determined that each of the team members has availability for this project. The anticipated percentage of time for each person is shown in the budget spreadsheet. Resumes are provided in the Appendix.

PLACEWORKS
KAREN GULLEY I Managing Principal, Design, has a talent for strategy and innovative problem solving that has been honed by over 25 years of experience.

Her skill with all facets of community planning and design for private and public sector clients expands the opportunities for creative solutions. As the company's Transportation Practice Area Leader, she has developed a solid practice in TOD, infill development, and corridor revitalization. She specializes in assisting local communities with evaluating the potential for transit -oriented development associated with Metrolink and BRT. Her work ranges from vision plans to implementation strategies, each developed in a collaborative effort with city staff, transit agencies, and the public. She regularly facilitates public meetings and workshops and is adept at establishing a rapport with her audience and communicating complex and often controversial issues in a clear, accurate manner.

Karen provides expertise in project visioning and implementation, and enjoys the challenges of project processing, negotiating conditions of approval, responding to political considerations, and handling communication between stakeholders.

SUZANNE SCHWAB AICP Senior Associate, will serve as Project Manager and will be responsible for the day-to-day management of the project. Suzanne is a seasoned project manager having led several corridor and specific plan projects.

Her most recent completed project was adopted in April for the SaintJohn's Master Plan Entitlement and Development Agreement in Santa Monica. Her expertise is in specific plans, healthy community planning, and corridor/ transit oriented plans.

This project will be Suzanne's primary project as she wraps up the Wine County Specific Plan with the City of Yucaipa. Suzanne is collaborative in her approach to planning, she will successfully lead this team through any complex or controversial issues that arise.

CHAD SO I Associate Designer, works on urban design, landscape design, planning, and creative community outreach projects across the state. Chad brings to PlaceWorks and his projects a background in landscape architecture and a deep passion for urban design. He develops urban design and streetscape design concepts; first/last mile plans for transit stations; and multimodal strategic and specific plans. He also creates graphics, maps, and diagrams that are incorporated into plans and used to present planning and urban design concepts to clients, public meetings, and community workshops.
22 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

KIM HERKEWITZ I GIS Manager, Southern California. has significant experience combining and analyzing information from a variety of perspectives, and she is adept at mapping and analyzing that data for planning projects. She combines GIS with other applications. As a designer, Kim's work is deceptively simple and always unique, distinguished by the accuracy of her eye and her rigorous aesthetic logic. Her meticulous attention to detail and balance are particularly evident in her theming work for projects and presentation graphics.

ERIN GUY I GIS Associate. Erin views planning as a community -based profession and demonstrates this in her "user based" mindset and implementation of user - oriented GIS tools, online web maps, web applications, and story maps. Her background in public health and GIS helps her to provide meaningful data that is visually appealing, intuitive, and facilitates collaboration across communities between citizens, stakeholders, and professionals. Her areas of expertise include GIS mapping, graphics, online web maps and web applications, community engagement and community -based practice, and entitlements. Erin assists with virtually all of PlaceWorks' GIS projects.

MARK TEAGUE AICP ( Managing Principal, Environmental Services, will serve as CEQA principal and oversee the CEQA approval process. In over 30 years of public - and private -sector experience, Mark has worked throughout California in agencies large and small and is considered an innovative problem solver. His projects include planned communities, shopping center EIRs, general plan and zoning code updates, impact fees, and public outreach for projects highly scrutinized by the public. Mark is often able to offer a unique approach to meeting a critical goal of a project. His experience as a planning director and ability to see the whole of the project ensure that every environmental document meets the needs of the client .

JASMINE OSMAN Associate CEQA Planner. Jasmine's particular interests in the planning profession include law, social equity, and the environment. At PlaceWorks, she assists both the planning and environmental teams on a wide range of projects for public- and private -sector clients —from industrial and residential developments to school facilities and general plan updates. She mostly assists the environmental team with preparing CEQA analyses and documentation, and she earned the CEQA Practice certificate from the UC San Diego Extension. She participates in community outreach events, where she presents plan and design options; prepares materials with SketchUp, ArcGIS, and other programs; and fields questions from the public about everything from recycling to hazardous waste to incentive programs.

PROPOSAL FOR SERVICES I PLACEWORKS 23

SUBCONSULTANTS
JASON D. PACK PE I Principal, is a 20+ year Principal with Fehr & Peers located in Southern California. Jason has an extensive background in travel demand forecasting, traffic operations assessment (including micro -simulation assessment), VMT analysis, big data analysis, transit ridership forecasting, and transportation impact studies involving NEPA and CEQA. His focus is to utilize his experience and the technical resources of the company to help clients answer their toughest questions related to mobility. His recent work has included forecasting and operations assessment for large infrastructure improvements, developing recommendations for SB 743 implementation (California's new requirements to consider VMT as an impact metric under CEQA), assisting agencies with establishing VMT banks/exchanges, emergency evacuation assessment to respond to new legislative requirements (SB 99 and AB 747) and development of innovative transportation policies to assist City's advancing transportation into the future .

PAUL HERRMANN PE I Senior Associate, has eleven years of experience in transportation engineering and transportation planning at Fehr & Peers. Prior to Fehr & Peers, Paul worked at the City of Corona in the Traffic Engineering Department for two years. He has led a wide variety of projects including traffic studies, infrastructure projects, travel demand forecasting, parking and circulation studies, and long-range development plans. Paul is an expert in SB 743 Implementation and VMT Analysis for CEQA projects. He serves clients throughout Southern California with projects throughout the SCAG region . 24 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

IAN ADAM cPswci, QsD/P j Principal, Stormwater Manager, is a firm Principal and Fuscoe's Stormwater Management team leader. His specialty is water resources, with an emphasis in water quality regulations, sea -level rise policy, Clean Water Act Citizen Suits and resource agency negotiation. Ian has worked on over 60 General Plan Updates and Specific Plans throughout California to assist municipalities and developers with infrastructure assessments, zoning approvals, EIR technical support and long term capital improvement planning. Ian has also worked extensively in the California Coastal Zone, processing Coastal Development Permits, addressing Sea -Level Rise technically and politically, and working in partnership with Coastal Staff on individual projects, Specific Plans and Local Coastal Programs.

STEPHANIE CASTLE ZINN cPMSM I Project Manager, Water Resources, brings impeccable scientific and professional qualifications to her work at Fuscoe and ably applies her research, skills and knowledge to real -world projects. Stephanie's role entails advancing Fuscoe's water resources sector by designing sustainable, multi - benefit low impact development project solutions that improve local and regional water quality and increase water supplies. She provides feasibility analyses for the implementation of water conservation features, including rainwater harvesting and grey water reuse. Stephanie manages the preparation of EIR technical reports, including infrastructure analysis and water supply assessments for CEQA compliance. She leads Trash Provision compliance for several Cities, which includes ensuring catch basin atlases are accurate in GIS, managing pour point hydraulic assessments to confirm catch basins requiring FCS, and promoting Al to expedite the OVTA process. She is equally passionate about applying leading edge technology to Fuscoe projects by using the firm's FAA registered UAV Drones as well as its Al and machine learning capabilities, to help promote smart cities for her municipal clients.

WHITNEY STEPHENS En- ) Stormwater Engineer, has a strong work ethic, excellent communication skills and a passion for the environment. She is a valued member of Fuscoe's Stormwater Management Group. Whitney applies herself diligently to her work and excels at developing Water Quality Management Plans (WQMPs), Storm Water Pollution Prevention Plans (SWPPPs) and Best Management Practice (BMP) design, in the context of water quality. Recognized for her meticulous attention to detail and astute analytical skills, Whitney provides Fuscoe's clients with top quality stormwater management services. Whitney's background includes coordinating, conducting and education outreach for structural BMPs under the MS4 permit compliance program. Whitney drafted construction BMP maps as part of SWPPP development for SDG&E projects. Whitney's work at Fuscoe has included Due Diligence, Stormwater Program Implementation, QSP, NPDES, WQMP, General and Specific Plan Update/Permit and Trash Amendment Services for various Cities, Agencies and private entities.

PROPOSAL FOR SERVICES I PLACEWORKS 25

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26 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

WORK PLAN /

TECHNICAL APPROACH

8LZ

Work Plan / Technical Approach

PROJECT UNDERSTANDING
Placentia is a city with a rich heritage and bright future. As described in the RFP, the City has a tremendous amount of work to build on with Old Town Placentia and the Transit Oriented Packing House Districts both allowing for new mixed -use projects and capitalizing on the forthcoming Metrolink station. The Chapman Corridor is a western gateway to the city and these unique areas. Revitalizing this corridor will create an inviting entry that welcomes residents and visitors while providing a connection to the adjacent districts and the City's Civic Center.

Specially tailored standards and design guidelines, as desired by the City, will encourage the revitalization of the Chapman Corridor. To encourage muitimodal travel and increase walkability, a component of this plan should also address the public realm . Though the ultimate form of this effort will be determined through Task 1, as described below, we feel that either a specific plan or new zoning district will likely be the best type of planning tool to ensure high -quality development

PLACEWORKS' APPROACH
PlaceWorks has developed an approach to achieve the City's intentions for the Chapman Corridor. We highlight the key components of our approach in this section and describe the details in our Scope of Work.

Build on Previous Work. Placentia has made significant investment in zoning tools for the Old Town area and Packing House TOD, and we will use those regulating documents as a starting point for the development standards and design guidelines, tailoring them for the Chapman Corridor. Additionally, PlaceWorks will integrate best practices and lessons learned from our extensive experience in corridor planning to create standards and other applicable development regulations that will incentivize property owners and developers to make investments in this important gateway.

Define Barriers to Achieving Objectives. Our existing conditions assessment will focus on the "so what?" of the information we gather so that we can understand the barriers or challenges to achieving objectives. Barriers can include infrastructure or transportation deficiencies; community issues or positions; cross-purpose policies/plans at the local, regional, and state levels; etc. We will apply our creative problem -solving skills to making recommendations.

Integrate Design and Development Feasibility. We are planners who have experience working with both public and private projects. Our relationships with developers in the Orange County area will give us the opportunity to engage the industry along the way to see what types of housing, mixed -use, and commercial building types are feasible to build along the Chapman Corridor. New developments in the TOD area will give us a starting point for those conversations. Additionally, we will test the feasibility and capacity of various product types on opportunity sites for realistic future development.

PROPOSAL FOR SERVICES I PLACEWORKS 29

Create Flexible Guidelines and Standards. Through these efforts we will craft a plan to balance certainty for the City with standards that allow for and incentivize the desired mix of development. The standards adopted through this effort will guide future development for many years to come. We will thoughtfully identify heights, setbacks, step -backs, etc. to support intensification while preserving key landmarks and connections to the Old Town and Packing House areas. We will build in flexibility to ensure that the standards and resulting development are adaptable and will withstand fluctuation in the market.

Empower Residents and Property Owners. Building from the City's General Plan outreach, we will continue to engage the community and seek their input for this important gateway. Using a variety of innovative online tools and in person opportunities, we will ensure that adjacent neighborhoods, local businesses, and area property owners can provide input to plan for the future of this area. New development standards and design guidelines will need to reflect the input from these groups in order to build community support for adoption.

Define Implementation but Leave Room for Innovation. The team acknowledges and accepts that the future is uncertain. Innovation happens in the marketplace faster than policy makers, planners, and engineers can respond. Our team knows that good planning has to allow the space for uncertainty and the flexibility to accommodate the unknown in the land use and mobility of the community. We will approach our work with this perspective and engage the City and stakeholders in this discussion.

SCOPE OF WORK
TASK 1. BACKGROUND REVIEW AND GOALS

1.1 Project Kick-off Meeting
To kick off the project, our team will meet with an interdepartmental group of City staff to discuss the overall scope of the Existing Conditions and Opportunities Analysis. It is anticipated that this group will continue to work closely with our team to assist with data collection and community outreach. PlaceWorks will develop the kick-off meeting agenda with Planning staff to include the project's goals, objectives, tasks, and timeline. The guidance package will also identify key project contacts and protocols for communication among our team and with City staff.

Deliverable(s):
— Meeting Agenda and Summary
TASK 2. EXISTING CONDITIONS
Task 2.1 Existing Conditions Story Map
This task outlines the process for collecting data and analyzing the existing conditions of the Chapman Corridor area. Leveraging our team's partnership with Esri and competencies using GIS software and Esri tools, we propose creating a Story Map to present existing conditions and an opportunities analysis for this 30 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

project. Esri Story Maps are powerful web -based tools that combine text, maps, images, and multimedia content for a geographic area.

Most planning processes strive to create a "living document," but the Esri Story Map application is a leading -edge, first -of -its -kind tool that empowers communities to truly achieve this goal. The digital platform allows the City to regularly and seamlessly update the document text, maps, and other associated content throughout future planning phases and into implementation. If desired, a traditional MS Word document and PDF maps can also be submitted for the review process.

Deliverable(s):
- Existing Conditions Analysis Story Map
Task 2.2 Area Opportunities and Constraints
To evaluate the existing physical layout of the corridor, our team will identify districts, anchor institutions, community gathering spaces and hubs of activity, gateways, and corridors and provide a series of overlays that identify opportunities and constraints, including:
• Urban design elements; paths, districts, nodes, edges, and landmarks • Mobility network concepts; transit hubs, active transportation • Potential catalytic sites that maximize redevelopment potential • Streetscape and other public realm improvements
Deliverable(s):
— Additional maps, images, and figures will be uploaded to the Story Map Task 2.3 Mobility Analysis
Fehr & Peers will work with PlaceWorks and the City of Placentia to finalize the scope of the transportation analysis.

This task includes level -of -service (LOS) analysis at up to three intersections to verify the project's consistency with General Plan policies related to roadway capacity. The CEQA task is listed as optional, below.

Fehr & Peers will develop a methodology and assumptions memo documenting its proposed study locations, trip generation, analysis scenarios, analysis methodology, and approach for forecasting and operations analysis. If additional study facilities or scenarios are requested, the scope and fee will be adjusted accordingly. The memorandum will be revised based on one set of consolidated comments from the City, and a finalized copy will be submitted.

Once the Methodology is approved, Fehr & Peers will collect new traffic counts at the study intersections during the AM and PM peak periods (7-9 am and 4-6 pm).

Counts will be collected during fair weather, while school is in session, and during a typical (nonholiday) Tuesday, Wednesday, or Thursday. Anaheim Unified School District returns to school in early August 2022, so Fehr & Peers anticipates data collection after this date.

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PROPOSAL FOR SERVICES I PLACEWORKS 31

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A mobile survey will accompany our interactive
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Signs at each location with clues through a QR
code will encourage the community to experience
Chapman Corridor.

Deliverable(s):
- Mobility Methodology and Assumptions Memo with one round of review - Traffic Counts for 3 Intersections
TASK 3. COMMUNITY ENGAGEMENT
Task 3.1 Innovative Online Scavenger Hunt Survey
Using our expertise with ESRI software took, we will use Survey 123 to develop an interactive, self -guided scavenger hunt to engage the community. This activity will encourage people to get out on the corridor and use their smartphones or tablets to answer questions about the area as they look for clues, visit opportunity sites, and give us their ideas for the future of Chapman Corridor. Additionally, the scavenger hunt activity will encourage people to experience the current sidewalk and street conditions first-hand. To encourage participation, we will partner with a local business along the corridor to promote the survey and provide a reward for survey completion. Reward ideas include a free agua fresca from the local taqueria, cup of coffee, a favorite item from the bakery, or raffle entry for a local business gift certificate. A paper version of the scavenger hunt can also be provided to allow those without mobile devices to participate.

Optional: To reach a broader audience, an additional online survey could be provided for those who are not able to participate in the scavenger hunt in person.

The additional online survey would be consistent with the scavenger hunt survey.

To encourage participation, online survey participants could be entered in a gift certificate raffle for a local business.

Task 3.2 In -Person Workshop or Pop-up Events
In -person outreach opportunities will also help to inform this process. Options for creating a stand-alone workshop or pop-up events can be formulated with the project team as this project kicks off. Stand-alone workshops can be an effective tool for engaging the community, but we have found that going out to where the public is already active and participating vs. expecting people's attendance at another community meeting and competing for their limited time, can be just as, if not more, effective to reach a broader audience. Our team will develop an interactive and engaging activity with eye-catching materials, including but not limited to large scale maps, posters, and handouts. The intent of the in -person events will be to facilitate friendly and casual interactions while gaining valuable input for this project. Events could include the Chamber of Commerce Classic Car Show, an afternoon at Kramer Park, or another upcoming community gathering.

Regardless of the location or format, we should engage the community at the appropriate time in the process to obtain input and provide project information.

Our project schedule includes two proposed times for those interactions:
■ The first early in the process to inform the community about the project and gain initial ideas.
■ A second opportunity later to obtain feedback for proposed uses, standards, and design guidelines.
32 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

This task assumes that the City will take the lead to provide and maintain information about the project on the City's website and that the City will take the lead to provide or obtain a consultant for translation services.

Deliverable(s):
- Attendance at up to 2 workshops or pop-up events
- Workshop/event materials (included in our reimbursable budget) - Community Outreach and Survey Summary
Task 3.3 Developer Interviews
Our objective is to craft standards and guidelines for future, feasible, development.

One of the best ways we can ensure that the standards will achieve this objective is to talk to developers who have current work in the area. Via Zoom or a phone call, we will interview local developers for their input on residential, commercial, and mixed -use building types, densities, and other approval requirements or regulations that would incentivize development for the Chapman Corridor. Possible interviewees include: Landsea Homes, Lyon Living, and JPI—all have all recently developed housing in the city.

Deliverable(s):
- Discussions with up to 5 area developers
- Discussion questions and meeting notes
TASK 4. IDENTIFY AND PRIORITIZE OPTIONS
Task 4.1 Options Matrix
Using the Old Town Placentia Revitalization Plan development standards and the Transit Oriented Development Packing House District standards as a starting point PlaceWorks will evaluate applicable land use designations and standards for the Chapman Corridor. We will also include an overview of City policies and ordinances related to housing production. We will develop a matrix presenting an overview of both existing and recommended uses, development standards, and design guidelines for the Chapman Corridor.

Deliverable(s):
- Options Matrix
Task 4.2 City Check -in
Using the Options Matrix from Task 4.1, the Existing Conditions Story Map from Task 2, and initial community engagement we recommend a two- to three-hour working session with City staff. The purpose of this meeting is to distill what has been learned and heard and identify the key opportunities and strategies. This will be a time when staff from the various departments can come together and agree on approaches to address the key issues/opportunities; discuss best practices; consider new land use, placemaking, and mobility options; and identify catalytic sites. Fehr and Peers and PlaceWorks will inform the conversation regarding integration of land use and transportation plans.

Deliverable(s):
- Meeting agenda and summary
PROPOSAL FOR SERVICES I PLACEWORKS 33

Task 4.3 Catalytic Sites Testing
Once the catalytic sites have been identified and agreed upon with City staff, PlaceWorks will test fit various types of development on up to three sites to understand capacity, test the standards from the matrix, and ensure feasibility of development for the corridor.

Deliverable(s):
— Catalytic site sketches for inclusion in the Design Guidelines (Task 5.26) TASK 5. DEVELOP THE PLAN
Whether the City chooses a specific plan or zoning ordinance update, in this task we will create the tools to incentivize redevelopment and prioritize public realm improvements for the corridor.

Task 5.1 Land Use Plan
PlaceWorks will define the land use designations and create the land use map that will become the new zoning for the corridor. The work and deliverables described in the preceding tasks will inform this task, and the resulting plan will reflect the input and feedback received throughout the planning process, including community feedback. The land use plan map and land use designations will be correlated with the standards outlined in Task 5.2A.

5.2A Development Standards
PlaceWorks will define the standards for building setbacks, heights, massing requirements, minimum lot sizes, the locations of parking, site access, etc. for each of the zones identified in the Land Use Plan. This regulating code will contain standards for common and private areas and will address integration with surrounding land uses. Drawing from the mobility analysis, we will include any needed requirements for additional public right-of-way for sidewalks, transit facilities, or bike improvements. We will also address EV charging requirements, curbside pick-up/drop-off requirements, and any special transit -related requirements affecting future development.

5.28 Design Guidelines
The Design Guidelines will be a companion to the new Development Standards.

Consistent with state law, PlaceWorks will prepare objective design standards that will not only reinforce building form and placement but will include open space design, architectural design elements, frontage design, and landscape requirements. The guidelines will be graphically rich and will also include public realm design and other criteria identified through the outreach and planning process.

Deliverable(s):
— Daft Land Use Plan, Standards, and Guidelines with up to two rounds of comments. Depending on the outcome of Task 4.1, the standards will likely be the basis of an ordinance to be prepared by staff, along with any subsequent environmental analysis required (see Optional/Future Tasks, below).
34 CITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

Task 5.3 Mobility Plan
To support the new Land Use Plan, Fehr & Peers will take the lead on the mobility plan for the Chapman Corridor area. Consistent with the City of Placentia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (June 2020), intersection LOS results will not be used to determine significant CEQA transportation impacts. However, an intersection LOS assessment is required to determine the effect of project traffic at local intersections and verify consistency with General Plan policies.

As part of this assessment the following will be completed:
• Fehr & Peers will analyze existing conditions at the selected study locations using the Intersection Capacity Utilization (ICU) methodology at City intersections and the Highway Capacity Manual (HCM) 7th Edition methodology at Caltrans locations.
• Trip Generation, Distribution, and Assignment. Fehr & Peers will estimate the number of weekday AM and PM peak hour trips generated by the project through the methods established by the Institute of Transportation Engineers (ITE) in Trip Generation Handbook (11th ed.). We will estimate the origins and destinations of trips associated with the project based on local traffic patterns, a select zone travel assignment from the OCTAM, and/or discussions with City staff. AM and PM peak hour project trips will be assigned to the roadway network serving the site using the trip generation and trip distribution estimates. • Future Year Forecasts. Fehr & Peers will utilize OCTAM to develop future forecasts at the study intersections. It will add the project trip forecasts to the "without" forecasts to develop traffic volumes for the "with project" scenario at the study intersections.
• LOS Analysis. LOS analyses will be prepared for the analyzed intersections. Fehr & Peers will report LOS at each study intersection for the AM and PM peak hours.

Feasible improvements will be recommended at deficient locations. • Ramp Queueing Assessment. A queuing assessment will be performed at all Caltrans off -ramps to review storage capacity on Caltrans facilities, consistent with the latest Caltrans safety guidance.
• PlaceWorks will use applicable portions of this task and the mobility analysis from Task 2 to inform the Development Standards and Design Guidelines. Our emphasis will be to connect the study area to the future Metrolink Station and nearby attractions such as Cal State Fullerton and Hope International University.

Fehr & Peers will support the creation of proposed cross -sections on Chapman Avenue and major cross -streets, and/or alternative analysis at study intersections that reflect proposed facilities. Recommendations will consider potential road diets, alternate bicycle facilities, potential microtransit connections to the nearby attractions, and other multimodal best practices.

PROPOSAL FOR SERVICES I PLACEWORKS 35

TASK 6. PROJECT MANAGEMENT
This task encompasses coordination by our Project Manager and PIC with the City throughout the project and includes time to coordinate with the activities associated with the Chapman Corridor plan.

TASK 7, HEARINGS
This task includes preparation for and attendance at one Planning Commission meeting and one City Council hearing or study session. It is assumed that both meetings will be open to the public.

Deliverable(s):
- Input for staff report and PowerPoint presentation.
- Attendance of Project Manager at up to 2 public hearings.

OPTIONAL/ FUTURE TASKS
Optional Task 8. CEQA
Optional Task 8,1 2019 General Plan EIR Addendum: PlaceWorks The focus of the project will be to prepare a plan to revitalize Chapman Avenue and create a land use plan to reimagine this area between Old Town Placentia and the Packing House District. This area of the city is already developed but is primed for adaptive reuse and investment. Rather than prepare an Initial Study/Mitigated Negative Declaration or an EIR, we recommend preparation of an addendum to the City's General Plan EIR (SCH# 2018101031), pursuant to CEQA Guidelines Section 15164. We anticipate that the Chapman Corridor Plan will focus on placemaking, design, and integration of existing land uses, with new development concepts that are variations of the land use patterns and themes shown in the General Plan and evaluated in the General Plan EIR. Though some of the land uses evaluated in the General Plan EIR may change, we do not believe that the changes will trigger a need to conduct an entirely new environmental analysis.

The use of an addendum builds on the investment in the General Plan made by the City and recognizes the existing regulatory procedures —development standards, zoning codes, etc. —that ensure physical development does not result in significant environmental impacts. Provided that the City's decision to use an addendum for this project is supported with substantial evidence on the record, the decision enjoys the same protection as the General Plan EIR if challenged.

PlaceWorks will provide an Administrative Draft Addendum following a format discussed during the kick-off meeting. Our default format for an Addendum follows the findings in Section 15162 rather than using an initial study. If a formal initial study is requested, we will need to increase the budget and scope accordingly. All impacts identified in the General Plan EIR will be reviewed in the context of the proposed changes. One administrative draft of the Addendum will be provided for review. The final draft of the Addendum will be used to support the CEQA determination during the hearing(s) for the proposed project.

This task assumes that there will be no distribution of the Addendum document, consultant attendance is not required for hearings, that the City will pay all filing fees 36 CITY Of PLACENTIA I CHAPMAN CORRIDOR AND DESIGN GUIDELINES

and that no additional technical studies are needed (i.e. Air Quality, Greenhouse Gas, Noise). This task would be completed 30 days following a staff reviewed Draft Corridor Plan.

SB-18 Tribal Consultation. An addendum does not trigger AB 52's requirements for tribal consultation, but all general plan amendments must comply with SB 18.

If requested by the City, PlaceWorks will complete the Native American Heritage Commission's (NAHC) online form requesting a tribal contact list. Using the addresses on the list, PlaceWorks will draft letters (on City letterhead) to each of the tribes on the NAHC list the inquire whether they want to consult about the project. Following any consultation meetings (or more typically a conference call), PlaceWorks will provide the written outcome of the process and a record for the project. The SB 18 process needs to be completed prior to acting on the project.

Deliverable:
— Administrative Draft and Public Draft Addendum, SB-18 Tribal Consulta- tion Letters, Notice of Determination, Notice of Completion.

Optional Task 8.2 Transportation Impact Analysis for CEQA: Fehr & Peers Fehr & Peers will review the project description and conduct a VMT screening assessment based on the City of Placentia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (June 2020). Based on our initial review of the project, it is likely that the project will screen from VMT assessment based on its proximity to the future Metrolink Station (transit priority area screening). Fehr & Peers will confirm this assumption and complete a VMT analysis.

Consistent with City requirements, Fehr & Peers will also review the project's potential impacts on pedestrian, bicycle, and transit facilities in the study area.

Fehr & Peers will summarize the results of its assessment in a draft technical memorandum and work with the City to respond to comments on the draft report and resubmit as final.

Optional Task 8.3 Water, Sewer, and Drainage Evaluations for CEQA: FUSCOE Fuscoe will provide program -level evaluations of drainage, water, and sewer systems based on the proposed land use changes. The evaluation can either be used for CEQA purposes or to assist with future processing of redevelopment projects consistent with the proposed zoning. See Attached Exhibit A.

PROPOSAL FOR SERVICES I PLACEWORKS 37

Scope of Services & Fee Proposal
Placeworks
Champan Corridor & Design Guidlines
July 27, 2022

EXHIBIT A
Scope of Services & Fee Proposal
Placeworks
Champan Corridor & Design Guidlines
July 27, 2022

1.0 PROJECT DESCRIPTION
Assist Placeworks and the City of Placentia with the revitalization of the Chapman Corridor with development standard and guidelines that are specific to the neighborhood and enhance the synergy with Old Town and the Packing District revitalization areas.

2.0 PURPOSE OF SERVICES
To provide program level evaluations of drainage, water and sewer systems based on the proposed land uses changes. The evaluation can either be used for CEQA purposes or assistance with future processing of redevelopment projects consistent with the proposed zoning.

3.0 ENGINEERING SERVICES
Task 1.

Research and Data Acquisition
Research, compile and analyze master plans, local drainage reports and prior EIR documentation.

Task 2. Existing Condition Memo
Prepare a brief memorandum highlighting any major significant deficiency or capacity issues within the study area or any significant data gaps that require future analysis.

Task 3. Proposed Condition Evaluation for Storm Drain, Water, and Sewer Evaluate the proposed land use changes on the existing drainage, water and sewer. For water and sewer, prepare proposed generation demands using locally accepted generation values. In coordination with City staff, evaluate potential impacts on each of the infrastructure systems. Summarize the findings into a technical memorandum.

Note: Water and Sewer evaluations do not include any hydraulic modeling or use of the City's existing water and sewer hydraulic models.

Task 4. Specific Plan Technical Support / Municipal Code Support Provide technical input to Placeworks on the Specific Plan document or the Muncipal Code Zoning documentation as requested. Assumes up to 20 hours. 38 Scope of Services & Fee Proposal
Placeworks
Champan Corridor & Design Guidlines
July 27, 2022
Task 5. Meetings and Coordination
Attend meetings and hearings as requested coordinate with Placeworks and City staff as needed. Budget allows up to 20 hours.

Additional Services Available but Not Included
• Techno/ogy
o Aerial Scanning
o Scan to REVIT Existing Buildings (Interior & Exterior) o Animated View Simulations
o VR Mode/ing
o Artificial Intel/igence
Reimbursables Budget (Est.) $500
*Not to exceed without prior authorization
This Fee Proposal is Valid for Thirty (30) Days from the Date of this Document.

Fuscoe Engineering, Inc. will perform the services on a fixed fee basis, except where noted. Services rendered outside of the scope will be performed at prevailing hourly rates. Costs of reprographics, deliveries and out-of-pocket expenses are not included and will be considered reimbursable. A 10% surcharge will be added to the reimbursables to cover handling expenses.

It is the policy of Fuscoe to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid within thirty (30) days of receipt. Failure to do so could result in cessation of services and/or reassessment of service. 39 06Z
40 CITY OF PLACENTIA I CHAPMAN CORRID OR AND DESIGN G UIDELINES

PROJECT SCHEDULE
Mon th
2C22

SEPTEMBER

OCTOBER

NOVEMBER
DECEMBER 2023 JANUARY

FEBRUARY
MARCH ?R._
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
TASK 1. Backgro und Revie w & Goals

1. 1 Kick-off meeting
TASK 2. Existing Conditions

2.1 Develop Story Map

2.2 Area Opportunities and Constraints

2.3 Mobility Analysis
TASK 3. Community Engagement

3.1 Innovative On-line Scavenger Hunt Surve y

3.2 In -Person Workshops or Pop-up Events

3.3 Develo per Interviews
TASK 4. Identify and Prioritize Option

4.1 Optio ns M atrix

4.2 City Check -In

4.3 Catalytic Site Testing
TASK S. Develop the Plan

5.1 Land Use Plan

5.2A Development Standards

5.2B Design Guidelines

5.3 Mobility Plan
TASK 6. Pro ject Management

6.11 Day to day project management
TASK 7. Hearings

7.1 Plannin t Commission

7.2 City Council
Ongoing
air=
-600
r3 min
Duration
W-Worksho ps/Po p-up Event
laCity Staff Review
PC/ CC Hearing

COST A►ND PRICE

SMOKE SHO.,
AGAPuico TR
r�(lil%it •-- --
.iElut
—7) ii
,.,.tt ii i
-14,\Ititf It 111i 11' 1164KIN(, U•1IIA
IN( tl\1/ 11 ;;F 11115 SUPPII ,
L
booStmcbi:.
•\U1f) MT,

Cost and Price
Our estimated budget including each task and reimbursable costs, is $124,998.

To provide a cost effective, innovative, and robust community engagement program the following assumptions were made for Task 3. Community Engagement:
• The City will maintain a project website; and
• Provide translation services or cover the cost of translation, if needed.

As described in our scope of work, documentation for CEQA compliance and technical studies, have been proposed as an optional task. Our total estimated budget for the optional task, is $48,140.

The following assumptions were made for Task 8. CEQA:
• No distribution of the Addendum document;
• Consultant attendance is not required for hearings;
• The City will pay all filing fees; and
• No additional technical studies are needed (i.e. Air Quality, Greenhouse Gas, Noise).

The breakdown of our overall cost proposal including projected hours and percentage of each team member's time is detailed on the following page.

PlaceWorks - 2022 Standard Fee Schedule

STAFF LEVEL

HOURLY BILL RATE
Principal
$210-$335
Associate Principal
$195-$250
Senior Associate/Senior Scientist II
$170-$235
Senior Associate/Senior Scientist I
$160-$195
Associate/Scientist II
$135-$170
Associate/Scientist I
$125-$160
Project Planner/Project Scientist
$105-$150
Planner/Assistant Scientist
$90-$130
Graphics Specialist
$90-$135
Administrator
$145-$200
Clerical/Word Processing/Technical Editor
$45-$150
Intern
$75-$100
Subconsultants are billed at cost plus 10%.

Mileage reimbursement rate is the standard IRS -approved rate.

Possible Yearly Increase of 5% on bill rates.
2022 StandarcWeeSchedule 12-07-21
PROPOSAL FOR SERVICES I PLACEWORKS 43

P6Z

C ITY OF PLACENTIA I CHAPMAN CORRIDOR AND DESIG N GUIDELINES raovative Onlin e Scavenger Hunt Survey 4 20
3 2 in -Person Wa rksnops or Pop-up Events 1 20
3 3 Dev eloper interviews
4 1 Options Matrix
4 2 City Check -In

4.1 Cata:v::c Site test.e g
5 1 Lan d Use Plan
5 2 De ve lopment Standards
5 3 Design Guidelines
5 4 Moto °Ian
12 Chapman Corridor Planning and Design Guide line s

C OST PROPO SAL

1.1. PLAC EWO RKS
GULLEY SCHWAB 50 HERKEWITZ GUY TEAGUE OSMAN
Title: Princ ipal in Senior G IS Mana ging
Charge Associate Associate Manager Associate Principal ASSvca te SUBCONSULiANTS

FEHR & FUSCOE
PEERS (optional)
Ro le : Principal in Project De sign & GIS GIS and CEQA Techn ical WP/ PlaceWorks Traffic, Infra• T OTAL Charge Ma nager Graphics Mana ge r Graphics Adv isor CEQ/1Nt1 Editing Clerkal PlaceWorks 2% Office PlaceWo rks Transp., structure, 10% Sub TASK Hourly Rate: S240 SIEO 5145 5105 $143 $240 $140 $130 5120 Ho urs Expenses Total Parking Civ il Markup Subs Total BUDGET 14 552 .2.64- 2000
14 552 52,642 52, 003
Story Map
Area Oppo rtu nities and Constraints
',Icbi,e An alys,s
Task 1. Subtotali 4
6 O 0
0 54.8 '_
$ t,&12
12 20
8 72 :2.. 512.444 0 52 50 51
12 40 5138 570088 0 $0 $0 57,038
0 50 $O 10,00? 0 51,000 511,000 511,000
Task 2. Subto tal 8 36 28 12 28 0 0 0 0 112 5182 519, 482 510.000 So 51,000 511.000 530,482 30 54 5182 59.292 0 0 50 00 59,192
30 62 5221 511,25: 2.000 0 5200 $2,200 $13,451
22 594 54,774 0 0 70 50 54 .774
Task 3. Subtotal 26 52 60 0 0 0 0 0 0 138 5497 525,317 $2,000 $0 5200 52,200 527,517 4 10
S JO
'. 10
Task 4. Subtotal 14 30
Task 5. Subtotal
6 _ bay to day ProAct Ma^.a>,emant
Task 6. Su bto tal
a
a
20 36
12 16
S 20 20
4 20 20
_ 4
f 54 50
10 32
30 32 0
a
22 580 $4.102 0 0 So 4,100
24 590 54,59.1 0 0 50 54,590
34 5115 55,875 0 0 .. ,.. ; 5,375
0 _ 0 80 5285 514,565 S0 SO S0 50 514,565
32 5111 $5,67: 0 0 50 50 ^:5.57:
2 52 5132 59,302 0 0 50 50 59,002
2 - 38 $163 53,323 0 0 50 50 58 ,323
6 519 5979 8,000 0 5800 58,800 59,779
O 0 0 0 4 4 138 5475 574,275 58,000 SO 5300 56 ,300 033 ,075 IN =NV
42 170 08,600 0 0 SO 08,550
O 0 0 0 0 0 42 5170 58,650 50 50 50 50 08,550
INV
7: Plann ing Commission
City Cou rt I
Task 7. Subtotal
4 4 10 12
16 $56 52,83 66 0 0 SO 50 02,636
10 536 51,355 0 0 50 00 01,855
0 0 0 0 0 26 592 54,692 50 $0 So SO 54,692

1.1 Prepare Exemption 1 8 58 $166 $8,486 0 0
$0 $0 $9,486

8.2 59. 15 Consultation _ .. 2 8 524 51,204 0 0 50 $0 $1,204 8 3 Tran sportation Impact Analysis for CEQA 0 $0 50 10,000 0 51,000 $11,000 511,000 8 4 Water, Sewer, and Drainage Evaluations fa r CE: -.u. 0 SO SO 0 24,500 52,450 026,950 525,950 Task 8 Subtotal 0 0 0 0 0 5 44 10 7 64 5190 39,690 510,000 524,500 $3,400 537,950 547,640 labor Hours Total 82 218 202 12 28 S 44 14 11 616
la bo r Do llars Total 519,680 $41,420 529,290 52,220 54,060 51,200 $6,160 $3,820 51 .320 52,143 5109,313 $32,000 524 ,500
562,150 5171,463
PlaccWork, Percent ul Total Labor 13% 35% 31%
5% 1% 7% 2% 2'0,

REIMBURSABLE EXPENSES
Place - Works Reimbursable Ex pen ses
Opu;nat Tasks Reimbursable Eroen ses

EXPENSES TOTAL
TOTAL (with optional tasks}
(r(lArJlI ; (3 I A:. ;w:ife,vl Option.,'
5173,138
$124,998

c)
N

APPENDIX

KAREN GULLEY
Managing Principal, Design
Karen has a talent for strategy and innovative problem solving that has been honed by 25 years of experience. Her skill with all facets of comprehensive planning and design for private and public sector clients expands the opportunities for creative solutions, She has led six general plans, including for the cities of La Palma, Rancho Cucamonga, and Temecula; more than forty specific plans, including the MCAS Tustin Specific Plan/Reuse Plan and Harmony Specific Plan for Lewis Corporation and the County of Orange; dozens of long-range conceptual plans for transit -readiness, and vision plans to reposition large areas within Carson, Yorba Linda, and Brea. Her deep understanding of the real estate and development fields inform all facets of her public -sector projects —master plans, transit plans, conceptual design studies and park plans, coding, design guidelines, and implementation programs.

Karen has extensive experience in developing community participation programs and facilitating public meetings and workshops. She is adept at establishing a rapport with her audience and communicating complex and often controversial issues dearly and accurately. She provides expertise in project visioning and implementation, project processing, negotiating conditions of approval, responding to political considerations, and handling communication between stakeholders.

As Principal, Karen is responsible for leading a team of people and projects within the Community Planning & Design Team and maintaining quality control. Karen's strengths include handling the day-to-day management of large project teams, where information sharing, issue management, problem solving, and policy development require extensive coordination. She is responsive to client needs and desires on a project, and is dedicated to ensuring that the project stays on track and within budget.

HIGHLIGHTS OF EXPERIENCE

TRANSIT PLANNING/TRANSIT-ORIENTED DEVELOPMENT
» Metro Transit to Parks Strategic Plan I Los Angeles County CA » Metro Green Line Extension I Norwalk CA
» West Carson Specific Plan i County of Los Angeles CA
» Irwindale TOD Specific Plan I Irwindale CA
» Morena Boulevard TOD Specific Plan I San Diego CA
» Bellflower Station TOD Specific Plan ( Bellflower CA
» Bellflower Station Design Study I Bellflower CA

CORRIDOR PLANNING
» Beach Boulevard Specific Plan I Anaheim, CA
» Harbor Boulevard Specific Plan I Santa Ana CA
» Midtown Corridor Specific Plan I Long Beach CA
» Katella and Los Alamitos Boulevard Corridor Plan ( Los Alamitos CA » Corridor revitalization: planning and implementation projects for the cities of Glendora, Covina, Azusa, San Dimas, Irwindale, and Chino as part of SCAG's Compass Blueprint Demonstration Program

EDUCATION
» BA, Economics, University of
California, Santa Cruz
• Masters Program, Urban & Regional
Planning, California State Polytechnic
University, Pomona (all but thesis)

CERTIFICATIONS
» Certificates from the International
Association for Public Participation
— Planning for Effective Public
Participation
Strategies for Dealing with
Opposition and Outrage in Public
Participation

AFFILIATIONS
» American Planning Association
• Urban Land Institute
— National Urban Revitalization
Product Council
— Women's Leadership Initiative for
District Chapter
Team member since 1991

PLACEWORKS ,

INFILL & REDEVELOPMENT
Brea Core Visioning and Specific Plan I Brea CA
CollegeTown Specific Plan I Fullerton CA
Crafton Hills College Village Plan I Yucaipa CA
Mixed Use Overlay Zones I Anaheim CA
Stanton Plaza Specific Plan I Stanton CA
Prospect Village, Downtown Tustin Redevelopment I Tustin CA A-2

KAREN GULLEY
Managing Principal, Design
[email protected]

URBAN PLANNING
» Southeast Area Specific Plan I Long Beach CA
» Advanced Technology Education Park (ATEP) Framework Plan ( Tustin CA » Tustin Legacy Specific Plan Update ( Tustin CA
• Carson Vision Plan Carson CA
» Savi Ranch Vision Plan I Yorba Linda CA

COMPREHENSIVE PLANNING
» WRCOG Economic Development and Sustainability Framework Plan I Western Riverside County CA
» Rancho Cucamonga General Plan Update and EIR I Rancho Cucamonga CA » Economic Development Strategic Plan ( San Bernardino County CA » Fontana General Plan Update & Zoning Code Consistency Program I Fontana CA » Temecula Inaugural General Plan Update and EIR I Temecula CA

LARGE-SCALE LAND PLANNING
» MCAS Tustin Reuse Plan/Specific Plan I Tustin CA
» Harmony Specific Plan J Highland CA
• DeAnza Special Study, Mission Bay I San Diego CA
» Kennecott Master Plan I Salt Lake County UT
» Centennial Specific Plan, Tejon Ranch I Los Angeles County CA

PLAN IMPLEMENTATION
» Tustin Legacy Master Developer ( Tustin and Irvine CA » Villages of Columbus Planning & Entitlements, MCASTustin ) Tustin CA • Moffett Meadows Design & Processing I Irvine CA

ARTICLES
» "Repositioning Urban Corridors to Attract New Residential and Commercial Markets" Urban land, 2010
» "Sowing the Seeds of Regional Planning;' Urban Land, 2007 » "Reshaping the American Commercial Strip; Urban Design Group Journal, Winter 2003

SPEAKING
» "Guiding Infill Development: What Planning Commissioners Need to Know" I OC Association of Planning Officials Forum, 2016
» "Got a College? New Town/Gown/Industry Collaboration" 12015 APACA State Conference; 2015 WRCOG Visioning Workshop
• "Effective Elements of Corridor Planning" I APA San Diego Chapter, 2013 AWARDS
» 2015 Transportation Planning Award of Merit, APACA Orange Section I Fullerton College Connector (Streetcar) Study)
» 2013 Best of the Best Award, ULI Orange County/Inland Empire ( WRCOG Sustainability Framework
• 2009 Compass Blueprint Achievement Award in Prosperity, SCAG I Coachella's South East SOI Sustainability Project

37-,' SUZANNE SCHWAB, AICP
i!".1 Ail Senior Associate
Suzanne is an experienced Urban Planner with a love of people and places. She has a diverse planning background ranging from conceptual planning to development standards and design guidelines incorporated in Specific Plans, General/ Comprehensive Plans and Campus Master Plans. These documents cover a variety of planning efforts including master planned communities, vibrant corridors, military base reuse, and health districts. Suzanne's plans lay the foundation for future great places. She is passionate about linking health to the built environment and has led planning efforts for impactful campus developments such as the Saint John's Hospital Phase II Master Plan in Santa Monica She also successfully entitled the Centennial at Tejon Ranch Specific Plan in Los Angeles County, a 12,300 -acre new community projected to have 19,333 homes and 10.1 million square feet of non- residential development with net zero energy and an unprecedented green budding program. Suzanne is active in the urban planning community serving on the Orange County American Planning Association Board and mentoring students attending the University of California, Irvine, urban planning program.

Suzanne has successfully facilitated a variety of community engagement efforts, including mobile outreach workshops, citizen advisory committee meetings, community workshops, stakeholder interviews, and oversight of online engagement tools. Before joining PlaceWorks, she gained valuable experience in the public planning sector at the cities of Tustin and Anaheim, and the County of Orange.

HIGHLIGHTS OF EXPERIENCE

SPECIFIC PLANS
» Southeast Area Specific Plan I Long Beach CA
» Tustin Legacy Specific Plan Update and I Tustin CA
» Centennial Specific Plan I Los Angeles County CA
» Goodman Commerce Center Eastvale Specific Plan I Eastvale CA » Mill Creek, Update to The Preserve Specific Plan I Chino CA

CORRIDOR PLANS
» Beach Boulevard Corridor Specific Plan I Anaheim CA
» Midtown Specific Plan I Long Beach CA
» Harbor Corridor Mixed Use Specific Plan I Santa Ana CA

GENERAL PLANS
» La Habra General Plan I La Habra CA
» Yucca Valley General Plan I Yucca Valley CA
» Corona General Plan I Corona CA
OTHER
» SCAG Metrolink Area Station Analysis
» Riverside Reconnects, Street Car Feasibility Study I Riverside CA » Site Planning for Tustin Legacy, MCAS Reuse I Tustin CA » WRCOG Sustainability Framework Plan I Riverside County CA

EDUCATION
Master of Urban and Regional
Planning, University of California,
Irvine
BS, Marketing and International
Studies, Indiana University,
Bloomington
AA, Interior Design, Fashion Institute
of Design and Merchandising, Los
Angeles
Study Abroad Program, International
Education for Students, London,
England

CERTIFICATIONS
» American Institute of Certified
Planners
» NCI Charrette System'', National
Charrette Institute

AFFILIATIONS
» American Planning Association
» Urban Land Institute
Team member since 2022
(also at PlaceWorks 2012-2018)
PLACEWORKS A 3

PRIOR EXPERIENCE
A-4

SUZANNE SCHWAB
Senior Associate
[email protected]

MASTER PLANS
• Mt. San Antonio Community College I Walnut CA
» Mission Hospital I Mission Viejo CA and Laguna Beach CA » Saint John's Phase II Master Plan and Development Agreement I Santa Monica CA » St. Mary Medical Center Revised Planned Unit Development and Development Agreement I Victorville CA
» Holy Cross I Los Angeles CA
» The Mount I Seattle WA

FEASIBILITY STUDIES
for Workforce Housing for Providence Health System, which included Zoning Code Review, Site Planning Considerations, and Demand Study
» Apple Valley CA
» Portland, Hillsboro, and Gresham OR
» Olympia WA

OTHER ENTITLEMENT
» St. Joseph Hospital Women's Center Medical Office Building 1 Orange CA » Mission Medical Office Building I Rancho Mission Viejo CA » Happy Valley Site Plan and Existing Conditions Report I Happy Valley OR • St. Mary Medical Center Reuse Planning I Apple Valley CA AWARDS
»
»
»
Southeast Area Specific Plan and EIR I Sustainability Award Honorable Mention Efficient and Sustainable Land Use, SCAG, 2022
Southeast Area Specific Plan and EIR I Hard -Won Victory Award, California Chapter APA, 2021
Southeast Area Specific Plan and EIR I Hard -Won Victory Award, California APA, Los Angeles Section, 2021
Midtown Specific Plan Outstanding Planning Document, CA AEP, 2017; and Sustainability Award for Integrated Planning, SCAG, 2017 Young Leader of the Year Award, Urban Land Institute Orange County/Inland Empire Section, 2014
WRCOG Sustainability Framework I Best of the Best Award, UL1 OC/IE, 2013; and Compass Blueprint, Honorable fViention, SCAG, 2013
Outstanding Student Achievement Award, Planning, Policy, and Design Program,

1.1C Irvine, 2012
Fellowship Recipient, California Planning Foundation, 2012

ACTIVITIES
» Building Healthy Places Committee, OC/IE Urban Land Institute 2022 » Awards Co-chair, California American Planning Association, Orange Section 2011--2014
» Places of Commerce Initiative Council, OC/IE Urban Land Institute 12011-2012

CHAD SO
Associate
Chad So is a valued member of PlaceWorks' community planning and design team, working on urban design, landscape design, planning, and creative community outreach projects across the state. Chad brings to PlaceWorks and his projects a background in landscape architecture and a deep passion for urban design. He develops urban design and streetscape design concepts; first/last mile plans for transit stations; and multimodal strategic and specific plans. He complements his design work with technical analysis using computer -aided design programs and GIS.

He also creates graphics, maps, and diagrams that are incorporated into plans and used to present planning and urban -design concepts to clients, public meetings, and community workshops.

Before joining PlaceWorks, Chad was an urban designer at Here LA. He developed concepts, illustrations, maps, and narratives for multimodal, bicycle, and pedestrian strategic and specific plans at a scale from county to corridor to site. He trained community members in first/last mile audit methodology, oversaw station area analysis, and recommended urban design improvements. Chad's other work experience includes as a design architect intern for the City of Los Angeles Department of Transportation's Active Transportation Division.

HIGHLIGHTS OF EXPERIENCE
»
»
San Bernardino (City) General Plan, Specific Plans, and Downtown Urban Design San Bernardino CA
Hollister General Plan Design Guidelines I Hollister CA Sunnyvale Housing Development Objective Design Standards I Sunnyvale CA Millbrae Station Area Specific Plan Update I Millbrae CA Butte County Upper Ridge Community Plan I Butte County CA Greater Higgins Area Plan I Nevada County CA
Wildomar General Plan Update I Wildomar CA
Hercules Waterfront Blocks ABCD Outreach I Hercules CA

PRIOR EXPERIENCE

DESIGN AND PLANNING
»
»
405 Multimodal Corridor Plan I LA County CA
Blue Line First/Last Mile Plan I Los Angeles, Long Beach, Compton CA Brea Connecting the Core Active Transportation Plan I Brea CA Crenshaw/LAX Northern Feasibility Study and TOC Analysis I LA County CA Downey Pedestrian Plan I Downey CA
Expo/Crenshaw First/Last Mile Plan I Los Angeles CA
Glendale Pedestrian Master Plan I Glendale CA
Golden State District Specific Plan I Burbank CA
Inglewood First/Last Mile Plan Inglewood CA
LA Metro Station Evaluation Program I LA County
NextGen Bus Study I LA County CA
North Hollywood to Pasadena BRT Urban Design Integration Guide I Los Angeles CA One San Pedro Transformation Plan I San Pedro CA

EDUCATION
»
BS, Landscape Architecture
California State Polytechnic
University, Pomona
Study Abroad, Santa Chiara Study
Center, Castiglion Fiorentino, Tuscany,
Italy

AFFILIATIONS
» American Planning Association
Team member since 2022
PLACEWORKS A 5

» Ocean Ave Artist in Residence I Santa Monica CA
» Purple (D Line) Extension First/Last Mile Plan ) Los Angeles CA » Regional Dedicated Transit Lanes Study I Southern CA
» Transit to Parks Strategic Plan I LA County CA
» Willoughby Streetscape Design Project I West Hollywood CA

CREATIVE COMMUNITY OUTREACH
Climate Talks Box I LA County CA
East San Gabriel Mobility Action Plan I LA County CA
A-6

CHAD SO
Associate
[email protected]
» Little Tokyo Joint Development Guidelines I Los Angeles CA » Long Beach Vision Zero J Long Beach CA
» One Arroyo Creative Outreach I Pasadena CA
» Oxnard Sustainable Transportation Plan I Oxnard CA
• Santa Barbara Active Transportation Plan I Santa Barbara County CA » Uptown Land Use & Neighborhood Strategy I Long Beach CA

KIM HERKEWITZ
• GIS Manager GIS Manager
As GIS Manager, Kim participates in nearly every PlaceWorks project. She has significant 'experience combining and analyzing information from a variety of perspectives, and she is adept at mapping and analyzing that data for planning projects and online applications.

Kim's design work is deceptively simple and always unique, distinguished by the accuracy of her eye and her rigorous aesthetic logic. Her meticulous attention to detail and balance are particularly evident in her mapping and online applications. She has worked on site and grading plans, illustrative and land use plans, 3D visualization and modeling, web design, and various types of presentations. She is proficient with the entire ArcGIS suite of programs as well as ArcGIS Online, SketchUp, Google Earth, Photoshop, InDesign, and Illustrator, She is experienced with Python programming and Javascript/HTML5.

HIGHLIGHTS OF EXPERIENCE

GIS/URBAN PLANNING
San Bernardino Web -Based Countywide Plan and Program EIR I San Bernardino County CA
Anaheim First Community Assessment I Anaheim CA
City of Moorpark General Plan Update and EIR I Moorpark CA Palm Springs 2019 Limited General Plan Update and EIR I Palm Springs CA Santa Ana 2019 General Plan Update I Santa Ana CA
Long Beach SEADIP Specific Plan, LCP Amendment I Long Beach CA City of 5an Clemente General Plan Update I San Clemente CA City of Fountain Valley 2040 General Plan Update and EIR I Fountain Valley City of Ontario 2019-20 General Plan Update and EIR I Ontario CA County of San Bernardino Strategic Visioning I San Bernardino County CA New Jersey Highlands Council Fiscal Impact Assessment I Chester NJ San Bernardino County Visioning, Phase 3 I San Bernardino County CA Renaissance Rialto Specific Plan I Rialto CA
North Fontana Specific Plan I Fontana CA
Temple City General Plan Update and EIR I Temple City CA Yucaipa 2035 General Plan Update and PEIR I Yucaipa CA
Newhall Ranch Open Space and Land Use Analysis I Valencia CA City of Redondo Beach Focused General Plan Update I Redondo Beach CA City of Menifee General Plan and EIR ( Menifee CA
La Habra General Plan Update I La Habra CA
Bloomington Community Plan Update I San Bernardino CA
Sierra Madre General Plan Update and EIR I Sierra Madre CA Westminster General Plan Update and EIR I Westminster CA Town of Yucca Valley General Plan Update I Yucca Valley CA Los Alamitos General Plan and EIR I Los Alamitos CA
City of San Bernardino General Plan Update and EIR I San Bernardino CA County of San Bernardino Underutilized Land Analysis I San Bernardino County CA City of Industry General Plan Update I City of Industry CA City of Irvine Climate Action Plan I Irvine CA

EDUCATION
» BS, Geography, California State
University, Long Beach
Team member since 2006

PLACEWORKS

KIM HERKEWITZ
GIS Manager
[email protected]
»
»
»
»
City of Irvine Climate Action Plan Phase 2I Irvine CA
Anthem Master Plan I United Arab Emirates
La Mesa Downtown Village Specific Plan I La Mesa CA
Rialto Airport Land Use Study I Rialto CA
Mammoth Crossings Planning Study & Specific Plan I Mammoth Lakes CA Palm Springs General Plan Update and Downtown Urban Design Program I Palm Springs CA
Shafter-Lerdo Specific Plan I Bakersfield CA
Winchester Crossroads Specific Plan I Riverside County CA Greenspot Village and Marketplace Specific Plan EIR I Highland CA Hemet Stock Farm Specific Plan I Hemet CA
Thomas Winery Retail Center Redevelopment I Rancho Cucamonga CA

GRAPHIC DESIGN
» The Arboretum Specific Plan Project Branding and Graphics Package I Fontana CA » Artesia Corridor Specific Plan, Project Branding I Gardena CA » Clovis General Plan Update & EIR I Clovis CA
• El Monte General Plan & Development Code Update Graphics Package I El Monte CA » Centennial Specific Plan Graphics Package, Tejon Ranch I Los Angeles County CA » The Meadows at Cummings Valley Master Plan Graphics Package I Tehachapi CA » Renaissance Rialto Specific Plan Graphics Package I Rialto CA » Valley Trails Specific Plan Graphics Package I Fontana CA » Santa Ana General Plan Housing Element Update Graphics Package I Santa Ana CA » University Heights Specific Plan & Annexation Graphics Package I San Marcos CA » SCAG 2% Compass Blueprint Strategy Implementation Demonstration Projects:
3D Modeling and Visualization I Southern California

ERIN GUY
Associate/GIS Analyst
Erin believes that planning is a community -based profession, and she demonstrates this in her "user based" mindset and implementation of user -oriented GIS tools, online web maps, web applications, and story maps. Her professional background in public health and GIS helps her to provide meaningful data that is visually appealing, intuitive, and facilitates collaboration across communities between citizens, stakeholders, and professionals.

Before joining PlaceWorks, she gained valuable community experience in the public sector at the Tennessee Department of Environment and Conservation, where she used interactive, online web maps to display monthly data from monitoring waterways across eastern Tennessee for surface water and air pollution. Erin also has private -sector experience, for example, as a GIS analyst for RSI Entech, where she coordinated in -field and technical GIS data management for the remediation and repurposing of the K-25 Manhattan Project site in eastern Tennessee.

HIGHLIGHTS OF EXPERIENCE
SB 2 Planning Grants Program Technical Assistance I Statewide City of Ontario 2019-20 General Plan Update and EIR I Ontario CA City of Fountain Valley 2040 General Plan Update and EIR I Fountain Valley CA Yucca Valley 2021 Housing Element Update I Yucca Valley CA City of Yucaipa Housing Element Update and CEQA I Yucaipa CA Future Year SED Distribution Land Use Concepts I Western Riverside Council of Governments CA
GIS Assistance for the needs of Western Community Energy I Western Riverside Council of Governments CA
Santa Barbara County Climate Change Vulnerability Analysis I Santa Barbara CA City of Palm Springs 2019 Limited General Plan Update and EIR I Palm Springs CA City of La Habra Comprehensive Housing & Safety Elements I La Habra CA Town of Mammoth Lakes Climate Adaptation and Resiliency Plan I Mammoth Lakes CA
Inland Valley Development Agency Multijurisdictional Specific Plan I San Bernardino CA
Riverside County General Plan Update: 6th Cycle RHNAI Riverside CA City of San Bernardino General Plan Update and EIR I San Bernardino CA City of Corona General Plan Update and EIR I Corona CA
City of San Dimas 2021 Housing Element Update I San Dimas CA County of San Bernardino Zoning Web Map I San Bernardino CA Hollister General Plan Update and EIR I Hollister CA
SCAG Economic Projection Comparison I Southern California LEAP Grant (Housing Element Update and Bloomington Land Use/Infrastructure Planning) I San Bernardino County CA
Anahei'm First Community Assessment I Anaheim CA
City of Rancho Cucamonga General Plan Update EIR I Rancho Cucamonga CA Redondo Beach Focused General Plan Update I Redondo Beach CA City of Moorpark General Plan Update and EIR I Moorpark CA City of Industry Housing Element Services I City of Industry CA Dana Point 2021 Safety and Housing Elements Update I Dana Point CA

EDUCATION
Graduate Certificate, GIS for Urban
and Regional Planning, University of
Florida, Gainesville
BS, Environmental Management,
University of Florida, Gainesville
Certificate in GIS, Roane State
Community College, Harriman,
Tennessee
Master of Public Health, Health
Policy/Management, University of
Tennessee, Knoxville
BS, Dietetics, Colorado State
University, Fort Collins

AFFILIATIONS
»
American Planning Association
Board member, APA Orange County
Young Planners Group 12020, 2021
Team member since 2020
fir

PLACEWORKS

» Santa Ana General Plan Update I Santa Ana CA
» Needles General Plan and Land Use Element Update I Needles CA » San Bernardino Countywide Plan and Program EIR I San Bernardino County CA » Eastvale General Plan Update I Eastvale CA
» Southeast Area Specific Plan Update I Long Beach CA
» AFFH GIS Mapping Assistance I City of Sacramento CA
» Contract Planning & CEQA Services I Wildomar CA

ERIN GUY
Associate/GIS Analyst
[email protected]

PRIOR EXPERIENCE
» Planning Technician I City of San Clemente I San Clemente CA » GIS Analyst I RSI Entech I Oak Ridge TN
» Environmental Planning Intern I Tennessee Department of Environment & Conservation I Oak Ridge TN

PUBLICATIONS
» "The Impact of Policy Monitoring Programs on Political Participation in Community Stakeholders " and "Improving Health Outcomes of Obese Individuals with Community Based Interprofessional Experiential Learning Activities," poster sessions of the 2016 Tennessee Public Health Assoc. Conference, Franklin, TN

SPEAKING ENGAGEMENTS
» "Soil Sample Analysis of Cuba's Oldest Tobacco Farm: Finca El Pinar Robaina" 12018 East Tennessee Collegiate Division Meeting of The Tennessee Academy of Science Knoxville TN
• "Public Health Implications of Cyclotron Decommissioning" 12016 I Women in Nuclear Symposium , University of Tennessee Student Chapter I Knoxville TN AWARDS
» Linda Talarico "Women in GIS" Scholarship I Roane State Community College I 2017

MARK TEAGUE, AICP
' Managing Principal, Environmental
In over 30 years of public- and private -sector experience, Mark has worked throughout California in agencies large and small and is considered an innovative problem solver.

Ills projects include planned communities, shopping center EIRs, general plan and zoning code updates, impact fees, and public outreach for projects highly scrutinized by the public. Mark is often able to offer a unique approach to meeting a critical goal of a project. His experience as a planning director, and ability to see the whole of the project, ensures that every environmental document meets the need of the client, He has served as on -call extension of staff for numerous cities throughout California including Wildomar and Eastvale.

Mark is also an excellent public speaker and regularly presents at the League of California Cities Planning Commissioner's Academy on topics such as design guidelines, CEQA compliance, and how to read an EIR. He also teaches CEQA to staff with a focus on how new legal decisions affect compliance. Because of his public outreach skills, Mark has helped with projects ranging from Walmart to water -bottling plants and conducted town hall meetings about development services department efficiencies and increases in utility fees

HIGHLIGHTS OF EXPERIENCE

CEQA/NEPA COMPLIANCE
»
»
»
»
Coronado Gateway Parkway Plan IS/MND I Coronado CA
Coronado Public Restroom EIR I Coronado CA
3Roots San Diego Specific Plan and Carroll Canyon Master Plan I Carroll Canyon CA North School Reconstruction EIR I Hermosa Beach CA
John Killen/Fox Luggage Warehouse Project IS/MND I Industry CA River Crossing Market Place Specific Plan EIR I Redding CA De Anza Revitalization Plan I San Diego CA
Fiesta Island/Mission Bay Park Master Plan I San Diego CA Residential Care Facility Specific Plan IS/EIR I Solana Beach CA Temple City General Plan Update EIR I Temple City CA
West Carson TOD Specific Plan and EIR I County of Los Angeles CA Connect Southwest LA Specific Plan and EIR I County of Los Angeles CA Orange County Civic Center Facilities Strategic Plan I Santa Ana CA County of Riverside 5th Cycle Housing Elernent and EIR Riverside CA City of Palm Desert General Plan and EIR I Palm Desert CA Waterman Gardens Specific Plan Program EIR I San Bernardino CA - La Costa Meadows Elementary School Reconstruction Project I San Marcos CA University of California, San Diego Online CEQA Training Courses I San Diego CA WRCOG Member Jurisdiction Development Agreement Reconciliation I Riverside CA

STAFF SERVICES
» On -Call Staff Services I Wildomar CA
» On -Call Environmental Staff Services I Eastvale CA
» County of Riverside Transportation and Land Management Agency On -Call Planning Services I Riverside CA

EDUCATION
» BA, Political Science, California State
University, Stanislaus

CERTIFICATIONS
» American Institute of Certified
Planners ff019631

AFFILIATIONS
» American Planning Association
Team member since 2016

PLACEWORKS II

PRIOR EXPERIENCE
A-12

MARK TEAGUE
Managing Principal, Environmental
[email protected]
»
»
»
»
»
»
»
Boulevard Fire Station IS/MND I San Diego CA
Bandini Industrial Project EIR I Bell CA
Walmart EIR I Santee CA
Bell Commerce Center EIR I Bell CA
Community Plan Continuum I San Bernardino County CA
Design Guidelines I Mount Shasta CA
Development Code Update and Addendum I Rancho Cucamonga CA Enlo Medical Center Expansion EIR I Chico CA
General Plan Update and EIR Calimesa CA
General Plan Update and EIR I Eastvale CA
Goodman Commerce Center EIR I Eastvale CA
Housing Element Addendum I Chino CA
Housing Element Addendum I Twentynine Palms CA
Housing Element EIR I Riverside County CA
La Cienega Elementary School EIR I Los Angeles Unified School District Lakeland Village IS/MND I Riverside County CA
Oak Creek Canyon EIR Wildomar CA
Rancho Palma EIR I San Bernardino CA
San Gabriel Valley Climate Change Outreach I Southern California Edison Zoning Code Update I Mount Shasta CA
General Plan Update I Mount Shasta CA
Mountaingate at Shasta Lake EIR I Shasta Lake CA
Nestle Water Bottling Plant EIR I McCloud CA
Vineyards at Anderson Specific Plan EIR I Anderson CA
Walmart EIR I Ceres CA
On -Call Staff Services I Wiidornar CA
On -Call Environmental Staff Services Eastvale CA

SPEAKING ENGAGEMENTS
• "Planning Fun-Da-Mentals" 12016 League of California Cities Planning Commissioners Academy I San Ramon, CA
» "Design Adds Value" 12016 I.eague of California Cities Planning Commissioners Academy I San Ramon, CA
» CEQA Training I July/August 2016 I Imperial County, CA » "How to Read an EIR" 12015 League of California Cities Planning Commissioners Academy I Newport Beach, CA
» "Design Guidelines vs. Standards" 12015 League of California Cities Planning Commissioners Academy I Newport Beach CA

JASMINE A. OSMAN
Associate
Jasmine's particular interests in the planning profession include law, social equity, and the environment. At PlaceWorks, she assists both the planning and environmental teams on a wide range of projects for public- and private -sector clients --from industrial and residential developments to school facilities and general plan updates.

She mostly assists the environmental team with preparing CEQA analyses and documentation, and she earned the CEQA Practice certificate from the UC San Diego Extension. She participates in community outreach events, where she presents plan and design options; prepares materials with Sketch Up, ArcGIS, and other programs; and fields questions from the public about everything from recycling to hazardous waste to incentive programs.

Jasmine also assists the community planning team. Her understanding of the principles of sustainability is augmented by her experience with the nuts and bolts of sustainable practices and low -impact development. She researched hydromodification, urban runoff alternatives, and water stewardship in San Diego canyons; assisted with the sustainable design for a park in Tijuana, Mexico; and prepared a crime and safety action plan for the neighborhood of Del Cerro as part of her master's program capstone project.

HIGHLIGHTS OF EXPERIENCE

PLANNING
» Zoning Code Update 1 Temple City CA
» Carrol Canyon Master Plan 1 San Diego CA
» South Otay Mesa I San Diego CA

ENVIRONMENTAL
School Projects
»
Cardiff School Modernization and Reconstruction EIR I Cardiff CA San Bernardino City School District Resource Center and Police Headquarters EIR I San Bernardino CA
North School Reconstruction EIR I Hermosa Beach CA
Solana Vista Elementary School Reconstruction EIR I Solana Vista CA Hazards Assessment for Rebuild of Del Mar Heights School Campus I Del Mar CA Police Station & Parent Resource Center IS/MND for San Bernardino City USD I San Bernardino CA
Other Projects
»
»
Brea Plaza Expansion Project EIR I Brea, CA
Oak Springs Ranch Phase 2 Project: Revised Plot Plan SEIR I Wildomar, CA Wildomar Trail Town Center Mixed -Use Project EIR I Wildomar, CA Starlite Residential Development IS/MND I South El Monte, CA Hub Fullerton Project IS/MND I Fullerton, CA
Brea Mall Redevelopment Project EIR I Brea CA
Mercury Residential Project EIR I Brea CA
Lassen County Housing Element IS/MND I Lassen County CA

EDUCATION
» Master of City Planning, San Diego
State University
» BA, Sustainability, minor in
Geography, San Diego State
University
» CEQA Practice Certificate, University
of California San Diego Extension

AFFILIATIONS
» American Planning Association
» Association of Environmental
Professionals
» US Green Building Council
Team member since 2018
PLACEWORKS A 13

A-14
JASMINE A. OSMAN
Associate
[email protected]
Ontario Ranch Business Park Specific Plan EIR I Ontario CA Corona General Plan Update EIR I Corona CA
Corona Cannabis Ordinance CEQA Review I Corona CA
River Crossing Marketplace Specific Plan EIR I Redding CA Fiesta Island/Mission Bay Park Master Plan EIR I San Diego CA Rancho Cucamonga General Plan EIR I Rancho Cucamonga CA Green Tree Mixed -Use Project EIR I Vacaville CA
Downtown Davis Specific Plan and Associated Form -Based Code EIR I Davis CA Palomar Road Widening Project Phase I I Wildomar CA
Wildomar On Call CEQA and Staff Services I Wildomar CA
Santa Ana General Plan Update EIR and Technical Studies I Santa Ana CA Westminster Mall Specific Plan EIR, I Westminster CA
Proposed Ballot Initiative Supplemental EIR I Redlands CA

PRIOR EXPERIENCE
»
»
»
WaterSmart Landscape Makeover Series I San Diego County Water Authority Sustainable Stewardship Program I San Diego Canyonlands Neighborhood Parks Revitalization I Tijuana Mexico
Analysis of Functional Zones and Neighborhoods I National City CA Crime and Safety Action Plan I Del Cerro San Diego CA

EDUCATION
Bachelor of Science in Civil Engineering,
University of California, Davis, 1999

REGISTRATIONS
Licensed Traffic Engineer, State of California
(TR2402)

AFFILIATIONS
VMT Related Presentations:
• 2022 CEAC Public Works Officers
Institute
• 2022 SBCOG City/County
Conference
• 2019 California APA
• 2019 CSU Facilities Conference
Future of Transportation Presentations:
• 2018 SBCTA City/County
Conference
• 2017 WRCOG Planning Conference
Parking Presentations:
• 2018 OC Planning Directors
Conference
• 2.015 OC Planning Directors
Conference
• 2011 SCAG Toolbox Tuesday
Mufti -Modal Levels of Service — ULI SCIC
Innovative Interchange Designs — District 8
Professional Liaison Committee Meeting,
2011
Roundabout Operations and Feasibility —
ASCE national webinar series, 2011 through
2018
Process of Signal Coordination — ASCE
national webinar series, 2011 through 2016
FEHR�PEERS
Jason Pack, TE
Principal
ABOUT
Jason D. Pack, P.E., is a Principal with Fehr & Peers located in Southern California. He is actively involved in a wide variety of project work but also finds time to lead the firm's research and development efforts in Emergency Evacuation assessment. Jason has an extensive background in travel demand forecasting, traffic operations assessment (including micro -simulation assessment), VMT analysis, big data analysis, transit ridership forecasting, and transportation impact studies involving NEPA and CEQA. His focus is to utilize his experience and the technical resources of the company to help clients answer their toughest questions related to transportation.

His recent work has included forecasting and operations assessment for large infrastructure improvements, developing recommendations for SB 743 irplementation (California's new requirements to consider VMT as an impact metric under CEQA), assisting agencies with establishing VMT banks/exchanges, emergency evacuation assessment to respond to new legislative requirements (SB 99 and AB 747) and development of innovative transportation policies to assist City's advancing transportation into the future.

PROJECT EXPERIENCE
Jason has completed transportation assessments for over 150 projects in support of CEQA or NEPA documentation. These include impact assessment to support negative declarations, transportation sections for EIRs, and transportation sections for EISs or joint EIR/EISs
Jason has actively been involved in assisting jurisdictions with SB 743 implementation.

Example projects are noted below:
• SBCTA SB 743 Countywide VMT SB 743 Implementation Phase I, CA • SBCTA SB 743 Countywide VMT SB 743 Implementation Phase II (VMT mitigation bank/exchange program), CA
• WRCOG VMT SB 743 Implementation Study, CA
• North Orange County Collaborative VMT SB 743 Implementation Study/Guidelines, CA
• CSU SB 743 Guidelines, CA
• County of Sari Bernardino Transportation Impact Study Guidelines, CA • Corona SB 743 Implementation, CA
• Eastvale SB 743 Implementation, CA
• Moreno Valley SB 743 Implementation, CA
• Villages at Lakeview Traffic Impact Study, Riverside County, CA • Riverside Housing Element Traffic Impact Study, CA
A-15

EDUC; T!Or`l
BS, Civil Engineering, California Polytechnic State
University, Pomona, CA (2.011)
R: CISTRATIONS
Traffic Engineer, CA (TR2797)

PRESENTATIONS
S8 /43 in OC, City Engineers Association of
Grange County (CEAOC), 2020
S8 743 in Riverside & San Bernardino, Institute of
Transportation Engineers Riverside/San
Bernardino Chapter (RSBITE), 2020
Preparing For A Post VMT World Apocalypse,
Association of Environmental Professionals (AEP)
Conference, 2020
CEQA/NEPA Assessment
Paul has completed transportation assessments
for over 50 projects dictated by either CEQA or
NEPA. These included impact assessments to
support negative declarations, transportation
sections for EIRs, and transportation sections for
EISs or joint EIR/EISs.

Transportation Impact Study On -Calls
Paul serves as the direct point of contact for
transportation and CEQA related peer review
consulting services for the following jurisdictions:
• Corona
• Fountain Valley
• Moreno Valley
• Santa Ana
A-16
• Eastvale
• Cal Poly Pomona
• Anaheim
• Menifee

FEHOIPEERS
Paul Herrnri.ann, PE
Associate
General Plans
Paul has worked on a wide variety of General Plans throughout the state of California, including:
• Corona
• Fountain Valley
• Moreno Valley
• Redlands
• Yucca Valley
• Diamond Bar
• County of San Bernardino
• Ontario
SR 743 Vtv1T Asse.SSITient
Paul has worked on a wide variety of VMT assessments for both GHG assessments and for SB 743 related CEQA assessments. Paul has experience running and processing results of travel demand forecasting models including RIVCOM, SBTAM, OCTAM and the SCAG Model Paul has assisted multiple agencies adopt thresholds of significance and updated their traffic impact study guidelines consistent with S8 743, including
• Corona • SGVCOG
• Fountain Valley • Anaheim
• Moreno Valley • Hemet
• Aliso Viejo • Menifee
• Eastvale
Below is a list of notable VMT impact assessments Paul has led:
• Gateway at Grand Terrace Specific Plan EIR, Grand Terrace • Riverside County Arena, Coachella Valley
• Central Park Master Plan EIR, Rancho Cucamonga
• Beach Boulevard Specific Plan EIR, Anaheim
• Section 31 Specific. Plan, Rancho Mirage
• Northeast Area Neighborhood and Conservation Plan, Rancho Cucamonga
• Westview Affordable Housing MND, Santa Ana
• CHP Relocation EIRs, Norwalk & Pomona
• Latitude Business Park MND, Corona
• 201 W. PCH Mixed -Use MND, Long Beach

EDUCATION
► MESM, Master of Environmental Science and Management
Donald Bren School of Environmental Science and Management University of California, Santa Balboni
► BS, Science - Ecology and Systematic Biology
California Polytechnic State University, San Luis Obispo

REGISTRATIONS/CERTIFICATIONS
► Certified Professional in Stormwater Quality (CPSWQ)
► QSD / QSP Certified

AFFILIATIONS
► BIA/Orange County
► National Association of Environmental Professionals
► Urban fond Institute
► U.S. Green Building Council
FEI TEAM MEMBER SINCE 2001
FEI PRINCIPAL SINCE 2011

IAN ADAM, MESM, CPSWQ, QSD
Principal/Stormwoter Manager Irvine, CA
Ian is a firm Principal and Fuscoe's Stormwater Management team leader. His specialty is water resources, with an emphasis in water quality regulations, sea -level rise policy, Clean Water Act Citizen Suits and resource agency negotiation. Since joining Fuscoe in 2001, Ian hos served os an effective leader and technical resource for numerous projects and clients. Ian hos worked on over 60 General Plan Updates and Specific Plans throughput California to assist municipalities and developers with infrastructure assessments, zoning approvals, EIR technical support and long term capital improvement planning.

For the post decade, Ian's experience with local and regional professional thoroughbred stabling operations has led to him to become an expert on CAFO NPDES permitting, including the negotiation of unique individual permits with the top management levels of all three Southern California Regional Water Quality Control Boards (Son Diego, Santa Ana and Los Angeles). This expertise also includes providing assistance with the resolution of multiple third party lawsuits against commercial stabling operators.

Ian has also worked extensively in the California Coastal Zone, processing Coastal Development Permits, addressing Sea -level Rise technically and politically, and working in partnership with Coastal Staff on individual projects, Specific Plans and Local Coastal Programs. Through this experience, Ion is uniquely trained to address complex drainage and water quality projects for both public and private clients, especially those needing site -specific solutions, multi -phased schedules and high-level regional board involvement. for the post two years, Ion has been assisting local municipalities and counties on regional stormwater improvement projcts, including both feasilbity and final design.

Ian enjoys the continuing pursuit of leadership development and is highly motivated by observing team members evolve into independent thinkers and leaders themselves. Ian's notable long-term clients include: City of Anaheim, Del Mar Fairgrounds, Orange County Fairgrounds, Los Angeles Turf Club and Del Mar Thoroughbred Club.

A-17

EDUCATION / CERTIFICATIONS
► MS, Civil Engineering, University of California, Irvine UC Center for Hydrologic Modeling Graduate Fellow
► MS, Urban and Regional Planning, University of California, Irvine Concentration: Water Resource Research, Policy & Management UC Center for Hydrologic Modeling Graduate Fellow
► BS, Forth System Science, University of California, hvine Concentration: Sustainahility, Remote Sensing & Terrestrial Hydrology ► Certified Professional, Municipal Stormwater Management (CPMSM)

PUBLICATIONS
► Using a Deep t earning Mtxcl to Quantify Trash Accumulation for Cleaner Urban Stormwater (Compote's, Environment & When Systerrs, 2022) ► Greundwater Depletion During Drought Threatens Future Water Security of the Colorado Rive Basin (Cmphysitoi Reword' tenets. 2014) ► Remote Detection of Water Management impacts on Evapotranspiration Ti the Cola ado Rive Basin (Geephyskol Resarch Letters, 2016)

PRESENTATIONS/OTHER
► irashVision'"' Oral Presentations at CASQA (2020 & 2021) ► Quantifying Water Storage Changes in the Colorado River Basin Using Satellite Observations, Modeled Results and In Situ Data (Thesis) ► California Water Resources During Drought, for Sen. Boxer's flight with PresidentOhamo to the Central Volley (PawerPoint)
► tast Catt at the Oasis documentary film (Computer Gmphia) AWARDS
► 2013 Don Owen Water Science & Policy Fellowship Recipient ► 2012 OC Associotien of Environmental Professionals Scholarship

AFFILIATIONS
► Urban Land Institute
► American Water Resources Association
FEI TEAM MEMBER SINCE 2014

STEPHANIE CASTLE ZINN, MSCE, MURP, CPMSM
Project Manager, Water Resources hvine, CA
Stephnnie's stated career objective is to be an expert contributor to resolving the challenges confronting California's water resource management Stephonie brings impeccable scientific and professional qualifications to her work at Fustoe, including her work as n Onto Specialist at the UC Center for Hydrologic Modeling ui UC twine, where she studied the Unloads of tdraugie en swim and groundwater resources in the Western U S In odditien to her academic nedeniinls, she hos published scientific articles; participated in preseniutions fur politicians in DC and Suuurnento, the Pentagon, and the American Geophysical Union; hos been o guest lecturer of the Internntiounl Space University in Austria; participated in World Water Week discussions in Sweden; and conducted 4rarious forums and workshops in Nee/ York and California for eociiers, water reseorcheers end aolitical stakeholders.

Aso Fuscoe Project itAcidage(:;ith o ioCUS ou ! later resources, Stephanie ably implies her reseoich, skills and knowledge t ol ' Jmld projects Stephanie's role of Pascoe Engineering entails ndvancing Fume's voter resources sector hy designing sustainable, multi-bee:At low impact development protect solutions that improve local and regionul water quality and increase water supplies. She provides feasibility analyses for the implementation of water CUInSerYaliutn feUterr's, including !ain'?rater harvesting and giey'voter reuse, for ail projects
Stephonie monuges the preparation of EIR technical reports, including infrostructure analysis and :.rater supply assessments for (EGA compliance She leads Trash Provision coinplionce for sevefal Cities, r Ii ch includes ensuring catch basin atlases me acrurale in GIS, managing pow paint hydrouiic assessments io ionfinit catch burins requiring FCS, aril promoting Ai to expedite the OVfA process She is equally passionate about opphying Ieodkg edge technology to FitSCOI) proimrs by utilizing the firms FAA registered Until Dienes us emll ns its Artificial Intelligente rind machine learning capabilities, to fielp promote smart cities for her municipal clients
Stephanie's enthusiasm far her work end genuine concern for California's water resources ore qualities that meetly cartiribute it) the success nail effectiveness of Fuswe s':?tell-respected Stormwater management team

EDUCATION
► BS, Environmental Engineering
Son Diego State University

REGISTRATIONS/CERTIFICATIONS
► EIT (Engineer in Training)
FEI TEAM MEMBER SINCE 2021

WHITNEY STEPHENS, EIT
Stormwater Engineer I Irvine 8 San Diego, CA
Whitney has a strong work ethic, excellent communication skills and a passion for the environment She is a valued member of Fuscoe's Stormwater Management Group. Whitney applies herself diligently to her work and excels at developing Water Quality Management Plans (WQMPs), Storm Water Pollution Prevention Plans (SWPPPs) and Best Management Practice (BMP) design, in the context of water quality. Recognized for her meticulous attention to detail and astute analytical skills, Whitney provides Fuscoe's clients with top quality stormwater management services.

Whitney's background includes coordinating, conducting and education outreach for structural BMPs under the MS4 permit compliance program She has also conducted commercial end thy weather flow residential inspections, all for the County of San Diego In addition, she has drafted erosion control figures and calculations using AutoCAD and completed TMOL compliance reporting and special field studies for the County's Water Quality Improvement Plans, and oversaw dry weather and wet weather water quality field sampling and outfall investigations.

For the City of San Diego, Whitney drafted construction BMP mops as port of SWPPP development for SOG&E projects. She supported database management of water quality data for TMOL reporting compliance and data submittals for multiple watersheds (Son Dieguito 8 Los Penasquitos) through CEDEN submittals and the has drafted drainage and soil maps as port of Industrial General Permit Notice of Non -Applicability reports.

Whitney's work at Fuscoe Engineering has included Due Diligence, Stonnwater Program Implementation, OSP, NPDES, WQMP, General and Specific Plan Update/Permit and Trash Amendment Services far various Cities, Agencies and private entities. These have included the Cities of Irvine, Anaheim, Brea, Ontario, Los Angeles, Redlands and San Bernardino, the 22nd District Agricultural Association and firms such as California Pacific Homes, SWA Architects, Sheo Properties, PlaceWorks, The Related Companies, Rose Hills Corporation, The Hanover Company, Lyon Living, KTGY Group, Bridge Housing Corporation and others.

A-19

BEACH BLVD CORRIDOR SPECIFIC PLAN AND EIR
The Heart of West Anaheim
Project Type Specific Plan and EIR
Location Anaheim, California
Size 1.5 miles
Client City of Anaheim
Date Completed November 2018
Services Community Outreach, Specific Plan, Visual Simulations and Provided Illustrations, Environmental Impact Report, and Technical Studies for Air Quality/GHG Emissions, Noise & Vibration, and a Phase 0 Environmental Site Assessment
The Beach Boulevard Specific Plan is the result of a focused and comprehensive effort involving the City of Anaheim and the West Anaheim Community This plan guides future development along a 1.5 -mile stretch of Beach Boulevard between the cities of Buena Park and Stanton Supported by modern development standards, economic and sustainable community development incentives, and capital improvements, the plan holistically addresses the future of Beach Boulevard —the heart of West Anaheim.

Designated by the Southern California Association of Governments as a "high quality transit corridor," Beach Boulevard still functions primarily for motor vehicles Nonmotorized modes of transportation such as walking and biking are not well integrated along the street. The plan's intent is to create a new regulatory environment, land use plan, development incentives, and streetscape enhancements to improve conditions along the boulevard and attract economic investment to the area The planning process included the community at every stage. Its vision and guiding principles were created with the community and reflect the themes that emerged throughout the process. Public involvement included the formation of a community advisory committee; a series of pop-up workshops, including workshops at three local high schools; stakeholder interviews; and a developer roundtable. An online component included a dedicated project web page and web -based survey. The project was approved by a unanimous City Council vote in November 2018.

A-20

PLACEWORKS

ilbli :.,,.,,ky

BREA, FULLERTON, LA HABRA, PLACENTIA
, ;,,,-., ice; SCAG Compass Blueprint Demonstration Projects Project Type
Location
Size
Client
Urban Design / Transportation Planning / Infill / Placemaking Southern California
Varies
Southern California Association of Governments and
Orange County Transportation Authority
Date Completed 2008
Services Visioning, Transportation and Circulation Planning, Economic Provided Studies, Feasibility Analysis and Technical Studies, Corridor Planning, Transit -Oriented Design, Site Planning, Public Outreach and Community Workshops, Creative Media
PlaceWorks completed a joint planning and design effort under SCAG's Compass Blueprint Demonstration Program and OCTA's Metrolink Transit Extension Study for the Cities of Brea, Fullerton, La Habra, and Placentia. The effort focused on ways to improve transit access to Metrolink service by identifying transit corridors and transit -development nodes with potential for enhanced bus or high -capacity transit. The effort let to the preparation of recommendation reports for each of the cities, working in conjunction with stakeholders and city officials. Our services included analysis of existing and future conditions, needs assessment, station area identification and planning, urban design, alternative economic analysis, visual simulations, public outreach, zoning, and implementation recommendations.

The Fullerton and La Habra demonstration projects focused on redevelopment along key transportation corridors, and the integration of new transit facilities with new commercial, residential, and public open space uses. The Brea and Placentia projects involved transit station concepts and phasing strategies, parking solutions, pedestrian circulation, and the introduction of new transit -oriented development. n.
i 4004 '+^' i
044° ..)340‘>'''
J r 7, r ':ate
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oft
PLACEWORKS A-2,

Project Type
Location
Size
Client
Date Completed
Services
Provided

THE EL CAMINO PLAN
Creating a Regional Identity
Corridor Plan
Atascadero, California
5 linear miles
City of Atascadero
2020
Market Demand Analysis, Community Workshops,
Online Surveys, Urban Design and Mobility Analysis,
Alternative Land Use and District Concepts, Mobility
Improvement Recommendations, Land Use and Architecture
Recommendation, Streetscape Design
EI Camino Real is the gateway to Atascadero's downtown. The look, feel, and content of this five -mile corridor has a significant bearing on the city's regional identity, local character, and economic health Although it has great potential to be a vibrant downtown for shopping, dining, and small businesses, it has been slow to recover from the Great Recession, With high vacancies and nondescript buildings, it currently struggles to compete with nearby Paso Robles and other commercial areas.

PlaceWorks developed the EI Camino Plan, whose goal is to identify future land uses and guide urban design concepts with circulation improvements This project will set a new course for El Camino Real with a combination of strategic public realm investments and incentives for new development We have provided the city with a custom strategy and set of tools to transform this automobile -oriented, regional corridor into a multimodai economic hub.

PLACEWORKS

MIDTOWN SPECIFIC PLAN AND EIR
Improving Life on the Boulevard
Project Type
Location
Size
Client
Date Completed
Services
Provided
Awards
Corridor Plan and EIR
Long Beach, California

2.5 -mile corridor, 369 acres
City of Long Beach
Adopted (SP) and Certified (EIR) 2016
Specific Plan, Form -Based Coding, EIR, Outreach, Technical Studies for AQ/GHG, and Health Risk Assessment
2017 Sustainability Award: Integrated Planning, SCAG; 2017 Outstanding Planning Document Award, California AEP
Long Beach Boulevard suffered from a lack of development interests and mobility problems along the corridor and in the surrounding community. Despite years of transit investments and the adoption of a planned development district (PD 29) for mixed -use and high -density development, the corridor continued to falter. The city selected a team, including PlaceWorks, to create the Midtown Specific Plan to stimulate private and public improvements and development in an area without the benefit of redevelopment powers.

The specific plan establishes an equitable balance between mobility modes —car, light rail, bus, bike, and pedestrian —and uses a hybrid form -based / zoning approach, incentive programs, park -once -and -walk strategies, and urban/streetscape design to achieve city and community goals for this key corridor.

The specific plan divides the boulevard into four districts: transit nodes, corridors, medical district, and open space. Density and major mobility improvements are planned for the transit node districts surrounding each of the three Metro Blue Line stations in the area. The plan implements many of the goals, policies, and strategies in the city's general plan mobility element. Most notably, the open space district of the specific plan proposes 11 new parklets, which cap side streets to create mini parks and provide much needed active and passive open space in the area. Succinct land use districts, clear development standards and design guidelines, and a practical implementation program make this plan a valuable tool for future revitalization of Midtown.

The program -level environmental impact report (EIR) addressed various environmental and technical issues and challenges. For example, a detailed historic resources technical report analyzed potential impacts of demolishing existing buildings, many of which were more than 50 years old. The EIR also addressed and resolved key issues related to construction impacts on air quality and noise emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, transportation and traffic, and utilities and service systems. The city council unanimously and enthusiastically certified the EIR and adopted the specific plan in May 2016.

I
--1111"-
PLACEWORKS A 23

MORENA CORRIDOR SPECIFIC PLAN AND EIR
A Refined TOD Planning and Development Program
Project Type Corridor/TOD Specific Plan
Location San Diego, California
Size 230 acres
Client City of San Diego
Date Completed February 2018
Services Community Planning, Urban Design, Economic Analysis, Provided Environmental Analysis, Community Outreach
The Morena Corridor Specific Plan —a transit -oriented specific plan along Morena Boulevard in San Diego facilitates reinvestment and development of a post —World War II suburban character neighborhood to support two future light rail stations.

PlaceWorks managed the specific plan and EIR, which are actually the second phase of what was expected to be a two-phase process. However, when the first phase failed amid an explosion of public opposition, PlaceWorks was called in to start from scratch and prepare a refined planning and development program that would effectively facilitate redevelopment of the project area.

The greatest challenges were erasing the negative impressions made by poor planning concepts and products and navigating the sea of mistrust engendered during the first phase. PlaceWorks managed an extensive public outreach program that included ample opportunities for community feedback and other public input The projHct ultimately encompassed preparation of a specific plan with site design concepts and illustratives, visual simulations, new development standards and design guidelines, and an altogether new mobility network as well as an EIR and supporting technical studies.

A-24

P ACEWORKS

SAN CLEMENTE'S EL CAMINO REAL CORRIDOR
Visioning and Preliminary Design Concepts
Project Type
Location
Size
Client
Date Completed
Services
Provided
Corridor Plan Visioning and Preliminary Design Concepts San Clemente, California
Approximately 1.6 linear miles
City of San Clemente
March 2014
Visioning, Preliminary Design Concepts, Public Outreach, Community Design, Economic Development, Performance
Indicators, and Implementation
As part of the San Clemente Centennial General Plan, PlaceWorks prepared numerous economic, land use, and urban design strategies for the El Camino Real Corridor. Divided into three distinct but interrelated sections, El Camino Real required context -sensitive approaches to: 1) capitalize on market forces to replace vacant, underutilized, and incompatible land uses; 2) improve pedestrian access and safety along the corridor and to adjacent neighborhoods and commercial districts; and 3) protect and enhance views, visual character, and streetscapes for each area.

Beginning with robust outreach efforts, PlaceWorks worked with the community and General Plan Advisory Committee to create a vision and preliminary design concepts for each area. Working with City staff, PlaceWorks then refined design strategies; created new land use plans; recommended economic development strategies and funding approaches; and developed goals, policies, and implementation measures that were included in the General Plan.

Preliminary Concept Plan
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community profile
tell us about the
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What will the
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tell us about the
future,
PLACEWORKS A_25

A-26

LOS ALAMITOS COMMERCIAL CORRIDORS PLAN
Reclaiming our Corridors
Project Type Corridor Planning
Location Los Alamitos, California
Size 240 acres
Client City of Los Alamitos
Date Completed 2010
Services Visioning, BRT and Circulation Planning, Economic Studies, Provided Feasibility Analysis, Corridor Design and Planning, Commercial Design Guidelines
As Southern California grew during the 1950s and 60s, two corridors—Katella Avenue and Los Alamitos Boulevard —widened to serve the growing automobile traffic. Katella Avenue served primarily as a major inter- and intracounty east —west transportation corridor, and Los Alamitos Boulevard provided key north —south connections to and from Interstates 405 and 605 Today, these two corridors combine to produce an intersection that processes up to 123,000 automobiles per day The corridors continue to serve as auto -oriented arterials and, despite hosting nearly all of the City's commercial development, offer few central nodes or gathering places for the residents, students, and workers of Los Alamitos.

The Katella and Los Alamitos corridors have the bones of great corridors. Key civic, institutional, and commercial anchors dot the corridors. The rights -of -way are wide enough to accommodate multiple modes of transportation while preserving efficient travel for the large volurnes of traffic that use the corridors to access local destinations, adjacent cities, and nearby freeways. Additionally, other agencies are planning transportation investments that could influence the corridor study area.

PlaceWorks helped the City of Los Alamitos analyze its two most significant corridors and identify opportunities to capitalize on the forthcoming BRT routes and stations, stimulate new private investment and redevelopment, and create a new downtown for its residents. PlaceWorks generated roadway and streetscape designs to narrow the City's primary north —south corridor to create a walkable and multimodal environment that can still efficiently convey auto traffic. We also coordinated plans between the City and OCTA and identified location and design considerations for two BRT stations in Los Alamitos.

Other components of the project include commercial design guidelines, city branding, capital and circulation improvements to enhance pedestrian and bicycle movement, and land use and zoning recommendations to consolidate parcels and stimulate private reinvestment.

PLACEWORKS

HARBOR MIXED -USE TRANSIT CORRIDOR
Corridor Revitalization Strategy and Vision
Project Type Corridor Planning, EIR
Location Santa Ana, California
Size 2 linear miles
Client City of Santa Ana
Date Completed October 2014
Services BRT/TOD Station Planning, Land Use/Corridor Planning, Public Provided Outreach, Zoning, Specific Plan Development, Market Analysis, Infrastructure Analysis, EIR
Harbor Boulevard is one of Orange County's best-known streets and largely serves commercial and transportation purposes throughout Santa Ana and surrounding cities. Harbor Boulevard runs from the 55 freeway in Costa Mesa to the 60 freeway in Rowland Heights, traversing 23 miles and 5 more cities along the way. It's even visible from the monorail ride on the approach to the Magic Kingdom. However, Harbor Boulevard needed a little magic of its own. PlaceWorks assisted the City of Santa Ana to explore ways to realize Harbor Boulevard's full potential and capitalize on regional transit investments such as bus rapid transit.

PlaceWorks identified urban and transit -oriented mixed -use development opportunities, including new housing options and design concepts to encourage safer pedestrian and bicycle access along the corridor. We also conducted outreach to the community, evaluating housing and retail markets, examining infrastructure systems, and preparing an associated EIR" These efforts ultimately led to a new specific plan that revitalizes local businesses, creates a safer corridor, expands transit options, and creates new housing and mixed -use development options. Most of all, the new specific plan creates a stronger sense of place, enriching the physical, mental, and social health of the community.
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HARBOR BLVD. AT WESTMINSTER AVE.

I'BOR BOULEVARD CORRIDOR PLAN LOOKING SOb1H
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HARBOR BLVD /1 MID•BLOCK STREET SECTION (DRAFT)
PLACEWORKS A 27

RENAISSANCE PLAZA
New Life for an Important Corridor
Project Type Corridor Redevelopment / Specific Plan / MND Location Stanton, California
Size 15 acres
Client City of Stanton
Date Completed Adopted 2005
Services Site Planning, Specific Plan Preparation, Environmental Provided Analysis
Awards 2005 APACA Orange Section Outstanding Planning: Planning Implementation —Small Jurisdiction
An underutilized and aging strip mall along Beach Boulevard, the former Stanton Plaza had several constraints to redevelopment: fragmented into multiple parcels/ ownerships, unwilling sellers that required use of eminent domain before the necessary lot consolidation, and rapidly changing market conditions.

The specific plan allowed for a wide range and mix of uses on the 15 -acre site — commercial development at the most visible corner of the site, live -work units adjacent to commercial, and higher density residential Design guidelines ensured a consistent architectural and landscaping scheme. An internal Main Street created a gathering place for the community, minimized vehicular trips generated by the project, and created an active pedestrian environment PlaceWorks also prepared the specific plan's mitigated negative declaration. Finally, the plan included a streamlined approval procFss to " rew.:rd' pplir nts whose projects were in alignment with tha city's vision for Renaissance Plaza.

A-28

PLACEWORKS

DOWNTOWN BELLFLOWER TOD SPECIFIC PLAN
Creating a Thriving, Experience -Oriented District
Project Type
Location
Size
Specific Plan
Bellflower, California
400 acres
Client City of Bellflower
Date Completed October 2019
Services Specific Plan Preparation, Existing Conditions Report, Provided Market Analysis, Parking Management Study, Land Use Plan, Design Guidelines, Development Standards, Mobility Plan, Community Outreach
PlaceWorks developed the Downtown Bellflower Station Area Specific Plan to help the City achieve its goals for comprehensive and quality development in the targeted areas combine the city's goals for the downtown area with the benefits of the West Santa Ana Branch Transit Corridor. The transit corridor will connect to a wide range of destinations in Los Angeles and Orange counties and create opportunities for the city to reintroduce Bellflower as a thriving, experience -oriented district for residents and visitors.

This groundbreaking specific plan will create synergy between uses along the transit line, encouraging a thriving and well-rounded regional economy. A market analysis revealed that Downtown Bellflower has potential as an experience -oriented destination that prioritizes waikability and comfort for shopping, dining, recreation, and entertainment By modernizing and consolidating outdated zoning codes and permitted uses, the specific plan will better balance land uses and encourage development throughout the study area, particularly in areas that have struggled to see successful development in the past. Its goals are to attract a range of new development, encourage multimodal transportation, and improve access to employment centers
PlaceWorks also conducted a parking management study that summarizes existing parking inventory, evaluates long-term trends, and makes recommendations for planning and managing parking for the downtown area.
'LACEWORKS A-29

FEHRk PEERS
North Orange County Collaborative SB 743 Implementation Orange County, CA, 2019-2020
Fehr & Peers prepared strategies and tools for seven cities (Placentia, Fullerton, La Habra, Orange, Brea, Buena Park, and Yorba Linda) in Orange County to implement SB 743. We evaluated the travel demand model, developing baseline VMT data, and evaluating potential thresholds and mitigation measures and programs. We developed an interactive spreadsheet tool that will enable users to assess VMT project - specific impacts and VMT reduction measures. We prepared draft significance criteria and identify up to 8 projects throughout the County to "test" through the significance criteria. We also prepared updated Traffic Impact Analysis Guidelines for each city.

NOCC+
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• "
North Orange County Collaborative VMT Traffic Study Screening Tool Project Information
Project Name
Sample Project Name Here
Parcel Number ( OCTAAI rAZa319)
374-521-05
Opening Year
2021
Screening Criteria for Orange
Is Me projed location In a Transit Pnorily Area?
Is the project Location In a Pow VMT generating zone')
Is the Project one of these land use types?
Qp (show land use types)
Does the project generate fewer Nan 110 daily trips?
(enter project land use in the section below)
The Project does not meet screening cntena. Please Continue Project Trips and VMT Information
VMT Methodology Odgin Destination (00)
Dally Trips: 3772 Average Trip Length: 8.1 SeMce Population: 921 VMT per service population 33.0
No Project VMT Thresholds Comparison
Na OPR Guidance (15% Below Existing)
No GHG Reduction Targets (14.3% Below Existing)
Below Existing
No ® Better than General Plan Buildout
Project Land Use Information
Residential : Single Family Homes
Residential . MultiFamily Homes
Office
Retail
Industrial
Private School
UmversIty
Entertainment
Hotel
A-30
and
0 Dwelling Units
300 Dwelling Units
30 000 1,000 Sqaure Feet

22.000 1.000 Sqaure Feet
0 000 1,000 Sqaure Feet
0 Students
0 Students
0 000 1000 Sqaure Feet
0 Rooms
FEHRk'PEERS
VMT Comparison

FEHR ki PEERS
CollegeTown Specific Plan 81 EIR
Fullerton, CA, 2011-2016
The CollegeTown Specific Plan EIR proposes to create a downtown -style marketplace in the area between Nutwood, Chapman, State College, and State Route 57. The redevelopment project includes residential, retail, improved pedestrian facilities and connections, enhanced streetscapes and storefronts, and will be connected to Cal State Fullerton by pedestrian -friendly modifications along Nutwood Avenue. During Stage 1, Fehr & Peers assisted in transportation assessment of the plan area, refining the on -site transportation amenities and services, prepared a shared parking analysis, an evaluation of the future transit service in the study area, and an overall strategy for the plan area.

During Stage 2, we are completed the transportation impact assessment for the EIR.

The project was completed as a joint planning effort by the City of Fullerton, Cal State Fullerton, and Hope International University.

Context Map
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A-31

CITY OF ANAHEIM NPDES

STORMWATER PROGRAMS
Anaheim, CA j '' ` City of Anaheim
Since 2013, Fuscoe Engineering has provided NPDES support services, including WQMP Plan Checking, for the City of Anaheim. FEI's ongoing tasks with the City include refining the City's WOMP Checklist to address specific City needs, coordinating infiltration BMP approvals with Orange County Water District, and providing technical assistance to the project applicant. FEI also assists with the frocking of the BMP credit exchange program for the Disneyland Resort, as well as advising the City's own regional BMP credit banking program for CIPs.

FEI has also worked with various City staff in performing an independent audit of the City's Stormwater Program to identify areas to improve efficiencies in inter -departmental coordination and staff core competencies. These efficiencies included developing forms, checklists and protocols to improve the City's LIP implementation. FEI also provides technical assistance with special storm' ter studies. Asa result, FEI led the efforts in refining drywell design guidelines, which hos benefited not only the City, but all Orange County Permittees. FEI continues to provide its technical expertise to the City to solve unique and challenging issues with its Stormwater Programs.

Ongoing since 2013
Keith linker , 714.765 4141

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CITY OF BREA NPDES

STORMWATER PROGRAM
Brea, CA ' City of Brea
With the burgeoning program requirements of the NPDES Stormwater Programs in the Santa Ana Region, the City of Brea developed an interest in acquiring program management services for their growing Stormwater Program FEI was initially hired to alleviate the City of its pressing needs and to conduct a performance evaluation to determine the City's program strengths and weaknesses. FE l's role has since been expanded to become more of on extension of City staff, providing WQMP pion check services, inspection support, City Staff NPDES training and facilitating coordination between city departments.

In 2017, FEI also developed a web -based Stormwaler Inspection Management System (SIMS) software tool for the City The tool allows City staff to perform municipal/industriol/comrnerciaV construction and WOMP 0&M inspections with the use of electronic devices and also serves as a database repository that produces Annual Reporting data. With the SIMS tool, the City con track the stormvoter life -cycle of a property, from WQMP approval, construction inspections, LID BMP installation verification, and 0&M inspections. Similar to its long standing role with the City of Yorba Linda (2002 -present), FEI supports the City of Brea with its Annual Reporting requirements, industrial/ commercial/construction inspections, inventory and database management, public outreach programs, Water Quality Management Plan (WQMP) Operations and Maintenance verifications, program effectiveness assessment and representation at co-permittee committee meetings In 2010 an additional task was added to assist and advise the City on the proposed Coyote Creek Watershed Action Plan and its associated IMDL implementation plan Ongoing
Brion Ingallinera 714.990.7672
A-33

CITY OF YORDA LINDA
Ca Is Is Vat,

CITY OF YORBA LINDA LIP & NPDES

STORMWATER PROGRAM
Yorba Undo, CA City of Yorbo Linda
Since 2002, Fuscoe has played n significant role, in the City's WIPDES Stormwater Program, including development of a Local Implementation Plan (LIP) and preparation of a comprehensive Annual Report for the local Regional Board Each year, FEI ru,ersees the annual storrnwatnr program requirements and makes changes os necessary to improve upon the City's management practices and strategies related to slurmwaler quality comrol Fuscue also crewed a GIS- bassed system, !inked to on -going inspection programs, to catalog the City's infrastructure data Fuscoe's services over the years have included:
✓ CEOA assessments
✓ Legal authority
✓ Facilities inspection programs
✓ Municipal/industrinVcommerool/construction inspections ✓ Program Effectiveness Assessment (PEA)
✓ Sewer system management plans (SSMP)
✓ New Development Program to update WOMP procedures
✓ Public education and outreach
✓ City and consultant training
✓ Monthly NPDES Task Farce meetings
✓ Representation at regional strategy sessions
2002 to Present
Mutt Simonelli 714.961 7174

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CITY OF YORBA LINDA

GIS WEB -BASED SYSTEM
Yoffie Linda, CA City of Ymba Linda
Since 2002, Fuscoe hos played a significant role in the City's hIPDES Stormy voter Program, including development of a Local Implementation Plan (LIP) and preparation of a comprehensive Annual Report for the local Regional Board. Each year, FEI oversees the annual stonnwater program requirements and makes changes as necessary to improve upon the City's management practices and strategies related to stormwater quality control.

Fuscoe also created a GIS Cloud -hosed system, linked to on -going inspection programs, to catalog the City's infrastructure data Fuscoe's services over the years hove included:
✓ CEQA assessments
✓ Legal authority
✓ Facilities inspection programs
✓ MunicipaVindustrioVcommerciaVconstructian inspections v Program Effectiveness Assessment (PEA)
✓ Sewer system management plans (SSMP)
✓ New Development Program to update WQMP procedures
✓ Public education and outreach
✓ City and consultant training
✓ Monthly NPDES Task Force meetings
✓ Representation at regional strategy sessions
2002 to Present
Matt Simonetti 714 9617174
A35

Semi% Seulevard Specific Pion
figure 1 . Existing and Proposed tend Use

BEACH BOULEVARD SPECIFIC PLAN
Nnahcinl, CA Pk ..... .I±
1110 Beath 3(4k/eel She( ii r Plan ioPrers trepruzimurek! 783 ntrc; ^, iiq Felton 01 Beech getlleS9rti-SfNe IR•)irie 19 ie. ilittkinl l i't!r `, .rl illy Pion S II OUIiiU III Ih0 reveal mime el the Beath O8UUIe'stltr! it;rriU41 !ilia 0}11111135 I iJ 1;11!; 1lt;'d!;lU�llil";l(Ij P;tiF:`!Y.Ir!IilliWtl :fl t!!11, III: ll!illl; ri! 19! II„ . I`IliVlill ,I, li)tllll, t rtmeli i],t gtel1e1I11US. Wilco 5111(11. (111(1 !.1111111 UII)I I1+live !i>r;s coortiil(UI IUI!. ' :1ilh Phil,`;!(11'• , tent the _ilv e4 N(t(lilgil!!, riist )e I (IQI:!eeri! r], gill ;r(Ij rr'ntlU((b.r' (hP. 9M;Siltk"l rlfut;(r•R t:ir,S <�rvl,llt'�, ir,r,U6ii1;I (,itli; my ,. liar, '°.•,(1 hie! !is ••`r9ll US I!illlli' i; tIthet!oire
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l't te,: !Jerk'•. Si! thiL:-,':I(I:? ,•tte!,.! !!ggfii,. �!Iltl SkS,vet, ;led lite i(Ilrl! I;=i!i(I!Iti'trl.rt r1!I[f !;SOS ril Vilt1uGl'::'(1=5'c 1' !iii0.11 the ieStri tut qte; it) hill %'whet: ;IEil reed'; ,)I!
PItIL, IL duifulg ''rnl ii ;;:4iss',llii)i1 tiiu.l !()11SH, titlti h!j ri i�l!!r$'r:!!.V ks cl l',''•'�I!1(1 11 (iefBli)iUie FiiZ. ii1C N1tJIBl)S'e!(:f%; IISSUtIIItlietl his (.I l�U'.IIII:tII IIIIIUS'liir,i6{e 1' -;Jolt tv, S!)5 15r Simitii. l lab
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ANAHEIM CANYON SPECIFIC

URBAN GREENING PLAN
in(lht:ini, Cif :AG, Inc. lur Cif,/ of Ituuir,,ini
Ei10 );un'i)ein! Curti Spe(ilir; II I Grer:nirg Flan r;r prepnn;d to ',roe an econnilit. (!Gve!epinect s1rlirctp tot this 3,OOG-ette ifdustnnl-/oned di;fllir Y!lirkillj; pllliii s, �;Il� !!i(- ftisiQ;l
UIYft;Ilgtitc+! (114C 'II(I? (II(IlI(Illr)il cold IIIhnsr uclur , Sif)tarl k1( fllllllfillf;ii191i1 unii et)ero,t n)I ospetis, such os'iOiid tl(isle mitt recycii ig, This resenr li, ()long se,ImaI stakeholder !heup nlllfeadi `it'6ions, led re Me !'Irii/U!Itlun Creellag Plan, !einurinri:
� Side giems IICsl(Ii IIt i !led nlih(Inil;(I (ttl hi('irl'J pt:(IeStllilti;, Ien riilr) erlolials maximi/erl for'm!ihies
• (ilii)live nf;ll!hIiLIIII)Ol l('!eI SienP,':!titer In(IR((gement Jasi i4, I(:III?':iiil) properties of expensive, area !mistiming (!illli)litllll•e `rir�lFS • ii I rIIulivn Stlindnnis to ronsirler flit ll1) huil(hiat of sits • (irr;el! Si:'i;l cr)Ii('.)p1S limed al Siamti'.r!t)12r clel1i inq, enh(IIKe(I pedestrian e;:ueilenr s urrd enairontnentrll performance fiB i)toirl I ?Ells 'add h" n Susi(illitlhle Communities Omitting Crum uiRi fins bmaine a cornerstone int Gi(ieIling' plea.

Cmcipletad
Fairie!a G! iu, (it'I of Anaheim /1,4165.4,163
(nlifoinio Orange Sa(tir)n, ?01 7 C infireliensi'na Planning itsaFIIJ A-37

Stakeholder
Interviews
Research & Analyze

PROCESS
Charrettes & Workshops
Original Data Files
�
-T.

Q Cat,
ci b Q
`tea=
Vision
Developer Roundtables Mobile Outreach

PLACEWORKS

Local Stakeholders
Property & Business Owners
+Plans
+ Maps/Diagrams —
+Graphics/
Illustrations
—Tables/Charts
+ Performance
Evaluations
Environmental
Impact Report
Process:

Product:
•
People:

The PlaceWorks Team believes
in collaboration and community
engagement every step of the
way —from the assessment of
current conditions and needs, to
exploration of opportunities for the
future, to confirmation of preferred
visions, development plans, and
implemantation strategies and codes.

The PlaceWorks Team works through
multiple methods to include as many
people as possible.

Websites, Social Media
& Traditional Notices
QL
—1 I
rac7Gor_-.Ctoce
.c a7 O o O a 0 a \,
Review & Strategize
jr
The PlaceWorks Team is effective at
completing projects on time and under
budget.

We establish clear procedures and
protocols to ensure that the work the
program addresses all objectives and
expected outcomes and coordinates
with concurrent Client initiatives.

NNW
Specific Plan
1 Open Houses &
Public Hearings
The Place Works Team is dedicated
to providing clients with reliable and
effective products. This means that for
each deliverable work product we will
provide the Client with electronic files
for all publications.

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 One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) 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 One Million Dollars ($1,000,000.00) 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.

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. Professional Errors and Omissions ("E&O") Liability Insurance Professional errors and omissions ("E&O") liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($2,000,000.00) policy aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase "extended reporting coverage" for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Project Manager for review. 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.

5. 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.

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.

EXHIBIT C

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 [Placeworks. Inc.]
Rev. 01/2024

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
07/01/2024
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
Marsh Risk & Insurance Services
17901 Von Karman Avenue, Suite 1100
(949) 399-5800; License #0437153
Irvine, CA 92614
Attn: [email protected]/F: 212-948-4323 CN115158923--01-24-25

CONTACT
NAME:

PHONE FAX(A/c.

IAIC, No, Ext): (AIC, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Crum & Forster Specialty Insurance Co
44520

INSURED
PlaceWorks, Inc
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
INSURER B : Travelers Property Casualty Co. of America
25674
INSURER C : N/A
N/A
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

LOS -002640527-04
REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MMIODM'YY)

POLICY EXP
(MM/DDNYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
EPK148300
07/01/2024
07/01/2025

EACH OCCURRENCE
$ 5,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 100,000
X
BI & PD Ded. $5,000
MED EXP (Any one person)
$ 10,000

PERSONAL & ADV INJURY
$ 5,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$ 5,000,000

PRODUCTS - COMP/OP AGG
$ 5,000,000
Contractors Pollution
S 5,000,000
B

AUTOMOBILE
X
_i

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
_

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
BA -1 N96406A-24-43-G
07/01/2024
07/01/2025

COM B INEDSINGLE LIMIT
a accdent)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
Comp/Coll Deductibles
$ 1,000
J

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$
B

WORKERS COMPENSATION

EMPLOYERS' LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
UB-7K728676-24-43-G
07/01/2024
07/01/2025
X
MUTE

STATUTE
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Errors & Omissions -Claims Made
Retro Dates: See 2nd Page
EPK148300
07/01/2024
07/01/2025
Each Claim/Aggregate
5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Liability arising out of activities performed by or on behalf of he Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.

The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as additional insured where required by written contract with respect to General Liability and Auto Liability.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 E. Chapman Ave
Placentia, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

The ACORD name and logo are registered marks of ACORD

CV
Co)
AGENCY CUSTOMER ID: CN115158923
LOC #: Irvine
ACORO®

ADDITIONAL REMARKS SCHEDULE

Page 2 of 2 ends

Placentia City CouncilJune 3, 2025

Placentia City Council
June 3, 2025